Dealer renigging on done deal w/supplier discount - Page 4 - Camaro5 Chevy Camaro Forum / Camaro ZL1, SS and V6 Forums

JDBeck23 · 07-15-2009, 08:20 AM

You bring up a good point old timer, they could very well have withheld the registration paperwork...

However, the sales contract that she signed is as binding a legal document to them as it is to her. If they want to play hard ball, they truly have no leg to stand on. But im with Oldtimer on this one, be prepared for the worst before you walk in the dealership.

Old Timer · 07-15-2009, 08:36 AM

Quote:

Originally Posted by JDBeck23

You bring up a good point old timer, they could very well have withheld the registration paperwork...

However, the sales contract that she signed is as binding a legal document to them as it is to her. If they want to play hard ball, they truly have no leg to stand on. But im with Oldtimer on this one, be prepared for the worst before you walk in the dealership.

The sales contract at the bottom of the order states that it isn't a leagal binding contract untill it is signed by a manager. Right here is the hook for them, even it you see something on this line, you probably can't read it. How cool is that???????

CamaroScotty · 07-15-2009, 08:39 AM

I have the "Discount information" from gm posted in the news blog on my site.

There was a dealership called BILL HEARD who decided they couldn't live up to the deals they made.....they went as far as going back at night and taking the cars back out of customers driveways....

http://www.newschannel5.com/Global/s...av=menu374_2_2

They closed all their dealerships......

Old Timer · 07-15-2009, 09:37 AM

Quote:

Originally Posted by CamaroScotty

I have the "Discount information" from gm posted in the news blog on my site.

There was a dealership called BILL HEARD who decided they couldn't live up to the deals they made.....they went as far as going back at night and taking the cars back out of customers driveways....

http://www.newschannel5.com/Global/s...av=menu374_2_2

They closed all their dealerships......

Sir:In my short time I have read the many wonderful stories your attention to detail & vast knowledge have provided to Camaro owners. However, the vast number of car salesman' reputations are not nearly as far beyond reproach as is yours. These dealerships & their personel do continue to exist within a shadow of the wrong side of the law. We must never forget this, there are not enough people eliminating the dead beats as there should be and consumers have little to protect themselves from this happening. I wonder, I do own a flat bed truck & live on the east coast, if the situation presented itself, would you sell me a Camaro?

RPO_Z28 · 07-15-2009, 01:19 PM

The dealer cannot hold the DMV work up without being in violation.

In New York, the dealer has 5 days to submit their DMV work. If they do not, you are talking huge fines and the possibility of opening a full blown DMV audit.

The dealer is not going to take this chance for a few hundred dollars that they are trying to bush you for.

wullger · 07-15-2009, 02:16 PM

Yikes..whatever happened to being a man, shaking hands after a business deal, and having that be the end of it?

Really hope the OP doesn't get reamed on this one.

Ydtrack · 07-15-2009, 04:06 PM

Sounds like the dealership has no legal rights, but as mentioned before, I would talk to an attorney. If all goes well with the attorney, then I would just tell the dealership that you have been advised by your attorney that there is no need to talk and the deal is done. Thank you and have a nice day.

camarogolfguy · 07-15-2009, 10:32 PM

My answer is not as elegant as trm0002's but I do believe the dealer/owner is stuck. While it may be true the dealer does not have to honor the supplier discount, in this case he apparently did, all the way to the bank. While there may be many legal arguments he might try in order to wiggle out of this deal, the point is, there was a completed deal. About the only legal theory I can think of that might hold water is "mistake of fact". Unfortunately for the dealer though, MOF generally requires a MUTUAL mistake of fact. There was no mistake on your part, only the dealer's. He could try to argue "unjust enrichment" but likely would lose there as well. So what is the dealer left with? He can huff and puff and you know the rest......... The fact is, is this dealer going to sue you over a couple of hundred $ and tons of lost goodwill, as you tell your story (true story -therefore not slander) to anyone who will listen? Not likely. I doubt he is that inept. But you never know, he has called you in for a chat. Tell him to take a hike. Or better yet.... offer him a ride in your new ride.

camarogolfguy · 07-15-2009, 10:42 PM

Quote:

Originally Posted by Eve's MistreSS

Thank you all for the support and Scott for the link.
I'm not sure what he'll try to do, but I'm certainly not writing another check. I plan to respect his request to come in and hear him out, but I did my deed, signed my paperwork and wrote my check.

Will update after my discussion with him.

Julie you do not have to entertain their request for a return visit and there is no legal way to require otherwise. Don't waste your time.

camarogolfguy · 07-15-2009, 10:46 PM

Quote:

Originally Posted by KJS

PLEASE ! ! ! Make sure IF you decide to go back (not sure why you would) DO NOT TAKE THE CAMARO ! ! ! !.

DO NOT put the car anywhere near the dealership. You don't know what if anything they may do when you cannot protect it.

Yea, I'm just a bit paranoid, but I'm also a life long observer of how people and organizations can and will do the worst possible things when it comes to money and being on the losing end of a bad deal..

KJS there are probably over two dozen criminal charges that could be levied against the dealer if he were to touch that car

. While I agree with your premise not to tempt the dealer to do anything stupid, the criminal and civil ramifications of such stupidty boggles the mind.

camarogolfguy · 07-15-2009, 11:09 PM

Quote:

Originally Posted by TheNetGarage

1100 since April 28th???????? 1st of 5 allocations???????? They should have taken delivery of at least 3-4 cars already. I think you better check, They are bypassing your allocation, so who is laughing at who?? Not trying to be a smart guy, just don't get too cocky until you take delivery.

And to OP, I wouldn't even call them back and I would take the car somewhere else for service!

bobakane you can do a search on how many cars the dealer you ordered from has already received and sold. Go to the spasticsquirrel.com site and type in the dealer's name or address in the search box.

camarogolfguy · 07-15-2009, 11:20 PM

old timer, while you have much insider wisdom to inpart, the fact of the matter is, this dealer loses in court 99 times out of 100 on these facts. Sure the practical reality is this will never see the light of day in a courtroom (due to $ considerations) there are many criminal sanctions that can be brought against this dealer if push came to shove. The dealer should be smart enough to know this and if doesn't, he will get spanked by a judge for being stupid. And if it ever got that far, his lawyer is even dumber than the dealer for allowing that to happen.

ravensjeff · 07-15-2009, 11:38 PM

Quote:

Today I get a call from the owner, who mind you signed the vehicle purchase order with the supplier discount itemized in the total, telling me that the Camaro doesn't qualify and that he'd like me to come in to discuss.

Eve- This guy is clearly lying to you. I've never looked in to this discount, but CamaroScotty & RPO_Z28 clearly know the game. And the dealer is lying to you because they think they can take advantage of you. Call the GM on the phone and tell him you are very displeased about his dis-honesty and that you plan on using another dealer for service and will tell others about their lack of integrity.

BTrzebiato · 07-16-2009, 09:37 AM

Eve,
If you have access to the gmsupplierdiscount.com, go and build out a 2010 Camaro on there. This will give you supplier pricing. As someone who mentioned, the Camaro is elgible for the supplier pricing, but it is at the dealer's discretion if they will accept it. It is not mandated they accept the price. Although I am not a lawyer, I agree with the post stating that they signed the paperwork for the deal and they deposisted your check. Therefore, they do not have a leg to stand on to even attempt to get more money out of you.

By the way...this is a little off topic...but this is my first post...been reading a while on here and just joined so I could comment on this. My wife continues to tell me if I keep my truck and pay it off that I can get a Camaro. That would be cool...just 3 years to go.
Maybe by the time I can the Z28 will be out and have a direct injection 6.2 in it.

07-15-2009, 08:20 AM	#43
JDBeck23 Drives: 2010 Camaro, 2SS/RS Join Date: May 2009 Location: King George, Va Posts: 881	You bring up a good point old timer, they could very well have withheld the registration paperwork... However, the sales contract that she signed is as binding a legal document to them as it is to her. If they want to play hard ball, they truly have no leg to stand on. But im with Oldtimer on this one, be prepared for the worst before you walk in the dealership. __________________ 2010 2SS/RS CGM American Racing Headers, Magnaflow axle back, Roto-Fab CAI, Audio Integrations Sub box, Alpine Type R 10, Alpine MRP-500 amp, Pro Clips iPhone Mount

07-15-2009, 01:19 PM	#47
RPO_Z28 Drives: 2007 C6Z Join Date: Jan 2009 Location: RVC, New York Posts: 1,742	The dealer cannot hold the DMV work up without being in violation. In New York, the dealer has 5 days to submit their DMV work. If they do not, you are talking huge fines and the possibility of opening a full blown DMV audit. The dealer is not going to take this chance for a few hundred dollars that they are trying to bush you for. __________________

07-15-2009, 02:16 PM	#48
wullger Supercharged Drives: 2010 Camaro 2SS/RS Join Date: Apr 2009 Location: Tyler, Texas Posts: 1,575 View My Garage	Yikes..whatever happened to being a man, shaking hands after a business deal, and having that be the end of it? Really hope the OP doesn't get reamed on this one. __________________ 2SS/RS IBM A6, White Rallies Ordered: 4/30/09 Delivered: 8/18/09 Appearance Mods: Heritage Grille, ZL1 Replica Wheels Performance Mods: Flowmaster ARH Cat-Back Exhaust, ADM CAI, ADM L99-LS3 Conversion, ADM LSA Supercharger Kit, Lingenfelter GT9 Cam, Stainless Power Headers, Detroit Speed Sway Bars, ZL1 Fuel Pump 581 rwhp/535 lb/ft tq

07-16-2009, 09:37 AM	#56
BTrzebiato Drives: 2006 Silverado Join Date: Jul 2009 Location: Oklahoma Posts: 6	Eve, If you have access to the gmsupplierdiscount.com, go and build out a 2010 Camaro on there. This will give you supplier pricing. As someone who mentioned, the Camaro is elgible for the supplier pricing, but it is at the dealer's discretion if they will accept it. It is not mandated they accept the price. Although I am not a lawyer, I agree with the post stating that they signed the paperwork for the deal and they deposisted your check. Therefore, they do not have a leg to stand on to even attempt to get more money out of you. By the way...this is a little off topic...but this is my first post...been reading a while on here and just joined so I could comment on this. My wife continues to tell me if I keep my truck and pay it off that I can get a Camaro. That would be cool...just 3 years to go. Maybe by the time I can the Z28 will be out and have a direct injection 6.2 in it. Last edited by BTrzebiato; 07-16-2009 at 09:38 AM. Reason: typo

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07-15-2009, 08:39 AM	#45
CamaroScotty Account Suspended Drives: Your new SLP Camaro! Join Date: Jul 2008 Location: Cedarburg, WI Posts: 6,790	I have the "Discount information" from gm posted in the news blog on my site. There was a dealership called BILL HEARD who decided they couldn't live up to the deals they made.....they went as far as going back at night and taking the cars back out of customers driveways.... http://www.newschannel5.com/Global/s...av=menu374_2_2 They closed all their dealerships......

07-15-2009, 04:06 PM	#49
Ydtrack Drives: Too many to list.... Join Date: Dec 2008 Location: Quartz Hill, CA Posts: 8	Sounds like the dealership has no legal rights, but as mentioned before, I would talk to an attorney. If all goes well with the attorney, then I would just tell the dealership that you have been advised by your attorney that there is no need to talk and the deal is done. Thank you and have a nice day.

07-15-2009, 10:32 PM	#50
camarogolfguy Camarogolfguy Drives: 2012 ssrs Join Date: Jul 2009 Location: Northern MI Posts: 240 View My Garage	My answer is not as elegant as trm0002's but I do believe the dealer/owner is stuck. While it may be true the dealer does not have to honor the supplier discount, in this case he apparently did, all the way to the bank. While there may be many legal arguments he might try in order to wiggle out of this deal, the point is, there was a completed deal. About the only legal theory I can think of that might hold water is "mistake of fact". Unfortunately for the dealer though, MOF generally requires a MUTUAL mistake of fact. There was no mistake on your part, only the dealer's. He could try to argue "unjust enrichment" but likely would lose there as well. So what is the dealer left with? He can huff and puff and you know the rest......... The fact is, is this dealer going to sue you over a couple of hundred $ and tons of lost goodwill, as you tell your story (true story -therefore not slander) to anyone who will listen? Not likely. I doubt he is that inept. But you never know, he has called you in for a chat. Tell him to take a hike. Or better yet.... offer him a ride in your new ride.

07-15-2009, 11:20 PM	#54
camarogolfguy Camarogolfguy Drives: 2012 ssrs Join Date: Jul 2009 Location: Northern MI Posts: 240 View My Garage	old timer, while you have much insider wisdom to inpart, the fact of the matter is, this dealer loses in court 99 times out of 100 on these facts. Sure the practical reality is this will never see the light of day in a courtroom (due to $ considerations) there are many criminal sanctions that can be brought against this dealer if push came to shove. The dealer should be smart enough to know this and if doesn't, he will get spanked by a judge for being stupid. And if it ever got that far, his lawyer is even dumber than the dealer for allowing that to happen.