Quote:
Originally Posted by chevygolfguy
div6. You miss the point. You sue, you win - and then what? Are you going then have the car serviced at the dealership? Are you going to buy more cars from the dealership? What's more, attorneys cost money, lots of it. Under the common law in this county, the American Rule is followed, meaning each side pays his own attorney fees. They should have taught you this in law school. It is very rare for a court to award attorneys fees, even in the face of outlandish behavior by one of the parties.
Odds are the dealer has raft of attorneys on retainer who deal with these situations all the time. Oldtimer would likely get papered to death by the attorneys in discovery and if my guess is right about the paperwork, there is a total failure of consideration here. So Oldtimer will get summary dispo'd at some stage, but only after the dealership has inflicted enough punishment financially first. Proving damages is also a very real difficult aspect of this case. And if Oldtimer wants to test my theory, he should try to find an attorney who will take this case on a retainer basis. Would you? I wouldn't.
Which brings me back to the practical side of things. Live and learn, buy from another dealer and spread the word to everyone who will listen. Forums like this do just that. This is the same advise I would give Oldtimer if he were sitting across from my desk. But I would gladly take his money if he still wants to file suit.
I am not suggesting he not consult an attorney. Quite the contrary. Most lawyers will give you a half hour of their time for free.
Oldtimer, if you do consult a (reputable) lawyer, let this forum know what he/she has to say
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I don't disagree with any of this. I admitted in my post attorneys are expensive and it was the last resort i suggested. I never suggested anything about the court awarding fees so I don't know why you're attacking my education over it. I just disagree with your legal analysis. If it was me, the furthest i would go would be to have an attorney make a phone call to the dealership. I wouldn't litigate this. If this was over a smaller dollar amount, i would be willing to take this to small claims court.
I just think a lot of people give legal advice, (just like a lot of people give medical advice or other types of advice) on the internet, and they don't have a full understanding of the field or dont know all the details to give the right answer. A good chunk of what you said about the law was oversimplified and borderline incorrect.
As far as what he gets, if he can get the court to order performance he gets a new camaro at MSRP, which is a little a hard to get in the current market. It's all about what he wants and how far he is willing to get it. If not, he gets whatever the enjoyment of the vehicle is worth for the time it would have taken to get it at another dealership, or the markup he has to pay at another dealership to get the car.
The consideration would be the money he would pay by the way. I can make a contract promising to pay you 10 dollars on delivery for a pair of shoes and the consideration is the 10 dollars. We cannot make a contract for you to give me a pair of shoes for free. That's a lack consideration. IUf the peice of paper states that olditmer would pay x dollars for a camaro, there is consideration. You have not stated it yet but I think you're an attorney. Mind if I ask what field you practice in? Your contract law seems as fuzzy as mine.
edit- i just thought about it more, and realized that if the paper allows oldtimer to opt out, then you are right, and there is no contract. But this is why I said that we need more details before we decide. This is why giving legal advice on the internet is stupid.