Dealer uses My sold order to stock Showroom

[ravensjeff]

I think you should make contact with the Dealer's owner first. That seemed to work for someone else here.

[mikenmar]

Originally Posted by THE EVIL TW1N

Don't get me wrong, I totally agree what they did was shady, but just not illegal.

Can you please tell us what law allows a car dealer to breach a contract without any liability?

You are correct that the title of the car remains with the dealer -- but that is different from saying the buyer cannot sue for money damages as the result of a breach of contract.

99% of the time this doesn't come into play, because there are no money damages -- the agreed-upon price is equal to or greater than the market price, so the buyer has lost nothing if the dealer breaches -- so nobody cares. Here, it's different, because the market price of the car is greater than MSRP, and the buyer suffers damages as a result of the breach.

This is contract law 101. So if you're going to say otherwise, please tell us what law you're referring to.

[Mindz]

Well when I was there looking at this shiny new Black 1SS, Ed Cerepak came out and moved it, saying it was a sold order. Saving41 is on his way to do financing now. CONGRATS GREG!

[Chevyzone]

Originally Posted by Speedy1975

How is it not illegal? It's breaking a contract. If that were the case there wouldn't have to be a law in place saying you have 72 hours to change your mind after signing a contract. This is long past the 72 hour deadline for changes.

Contracts are legally binding documents. If they weren't there would be no sense in having them.

Y'all need to go back and read Post # 102, last paragraph. Sounds like the dealership didn't sign the contract. If in fact that is true, it is not a legal contract.

Morally and ethically, the dealership is guilty, but probably not legally.

[Kenny]

Originally Posted by Chevyzone

Y'all need to go back and read Post # 102, last paragraph. Sounds like the dealership didn't sign the contract. If in fact that is true, it is not a legal contract.

Morally and ethically, the dealership is guilty, but probably not legally.

Pretty sure the OP has a signed contract for MSRP though.

[Iwantone2]

Originally Posted by CamaroFan1

I've had problems with other major purchases in the past, and this is what I've found works best:

1.) Go into the dealership with the small claims court paperwork already filled out. Let them know you will file on Monday if you don't leave with your car today. Tell them you are going to sue for your deposit, your time, and any money that make over MSRP on the sale, which was there commited price to you.

2.) Go to Godaddy.com and register "nameofyourdealer"sucks.com for $7.95. Walk in with the registration page, and tell them you are going to put a complaint page up on it, (along with a link to the camaro5 complaint thread) and pay google to rank it so that every internet search will go to your site first.

3.) Buy a 4x8 sheet of plywood. Have a friend with a pickup park in the street in front of the dealership. Put down a message that they are dishonest, and to call you for details.

4.) Let the Camaro 5 folks here help you out and unleash the calls and complaints to them.


I've done the first 3 steps on other issues with retailers before. I have never gotten screwed, and they ALWAYS back down when the realize that you are really serious, and not going to jack around.

All i can say is wow...

[BackinBlackSS/RS]

Looks like he is getting the car at MSRP. Congrats! Maybe honor and integrity do still exist, OR the sales guy that posts up here saw this thread and said HOLY SHIIIIIT!!!!

[bolteon593]

Originally Posted by THE EVIL TW1N

Don't get me wrong, I totally agree what they did was shady, but just not illegal.

Originally Posted by Speedy1975

How is it not illegal? It's breaking a contract. If that were the case there wouldn't have to be a law in place saying you have 72 hours to change your mind after signing a contract. This is long past the 72 hour deadline for changes.

Contracts are legally binding documents. If they weren't there would be no sense in having them.

there is a giant legal difference between agreements and contracts.


the agreement, either party can back out of... nothing has been commited from either part as a part of the deal and the only thing that is to be breached is the fulfillment of the agreement which doesn't necessarily have to happen.

a contract on the other hand, commits one party or both or multiples into an agreement.

the contract here, specified by the writing stating taht the car will be sold to a said individual at a certain price can only be broken if one side of the equation doesn't own up to their part.

ie, if the buyer doesn't show up with his deposit or doesn't ever show up in general.

---

there are of course consiquences to breaching a contract, usually it's on the side of the buyer not coming through with their money, the consiquence is they remit their ability to enforce the commitment of the contract.

if it's the other way around, like it is with this example and many others. there are major consiquences that can be brought about if a dealer is to breach the commitments made within a contract.

there would have to be mitigating circumstances or an act of god (lighting hitting the dealership and it burning down) in order for the contract to be broken without any consiquences.

now, 99.9% of people let things like this go thinking it's more hastle then it's worth.

when in truth you could end up with a free car depending on how good you are at law or how good of a lawyer you can afford.

for example, think what the value of this car may be in 30 years. you can sue for the residual loss of value you would encure if you were to have to buy a non-R6P camaro thanks to the breach of contract on the part of the dealership. esp since you can't order a R6P car anymore.

[Mindz]

The OP is going to do financing, THE CAR IS BEING SOLD AT MSRP!!!

[djinva]

Originally Posted by CamaroFan1

I've had problems with other major purchases in the past, and this is what I've found works best:

1.) Go into the dealership with the small claims court paperwork already filled out. Let them know you will file on Monday if you don't leave with your car today. Tell them you are going to sue for your deposit, your time, and any money that make over MSRP on the sale, which was there commited price to you.

2.) Go to Godaddy.com and register "nameofyourdealer"sucks.com for $7.95. Walk in with the registration page, and tell them you are going to put a complaint page up on it, (along with a link to the camaro5 complaint thread) and pay google to rank it so that every internet search will go to your site first.

3.) Buy a 4x8 sheet of plywood. Have a friend with a pickup park in the street in front of the dealership. Put down a message that they are dishonest, and to call you for details.

4.) Let the Camaro 5 folks here help you out and unleash the calls and complaints to them.


I've done the first 3 steps on other issues with retailers before. I have never gotten screwed, and they ALWAYS back down when the realize that you are really serious, and not going to jack around.

[68 Z/28]

Originally Posted by BackinBlackSS/RS

Looks like he is getting the car at MSRP. Congrats! Maybe honor and integrity do still exist, OR the sales guy that posts up here saw this thread and said HOLY SHIIIIIT!!!!

Thats cool , but he should not have to be put through that kind of , these dealers in this ecconomy should be kissing their customers butt's and trying to win people over with kindness and honesty ,not push people away with disrepruble practices !!!

[BackinBlackSS/RS]

Originally Posted by 68 Z/28

Thats cool , but he should not have to be put through that kind of , these dealers in this ecconomy should be kissing their customers butt's and trying to win people over with kindness and honesty ,not push people away with disrepruble practices !!!

You got that right. This was total BS. Well, he's getting his car at MSRP, and I think this thread got the word out about these guys. I would be surprised if they do this again. I know there is at least one other member who has posted in this thread that has an order with them. I'm thinking they should watch their step.

[duskydunvin]

If they don't come through, smile and say "congratulations! you've just created a new mustang fan!"

[mikenmar]

Originally Posted by Mindz

Well when I was there looking at this shiny new Black 1SS, Ed Cerepak came out and moved it, saying it was a sold order. Saving41 is on his way to do financing now. CONGRATS GREG!

Did either one of them actually say it was sold at MSRP? How do you know the buyer didn't break down and agree to pay more?