Dealer uses My sold order to stock Showroom

[Spaceballone]

Originally Posted by Saving41

Yes I have a receipt of the deposit I left and the agreement for the sale at MSRP.:(

The court thing sounds good, but I am likin the model 29 more and more ( ha ha just venting!)

I would the dealer down! I hope my agreement is not taken like this. I also have a recipt for my deposit and a sales order with my price on it. Can they really do that? My business law classes tell me that because you have a signed document and paid a reservation fee that the product need to be delivered. I mean unless they use the loop hole of not having a VIN# specified on the sales order that they technically can still get you one but i am not sure, any LEGALS in the house that can answer that? I think i would blow my top if this happens to me, because the dealer just told me that mine is scheduled to built this coming monday and that it should come in shortly.

[sandrr]

Dealer tried to do it to me earlier this yr (not gm) called low ballin, think their gonna get u all hopped up tell ur friends ur gettin new car then you will pay more. l told them to keep their car. Wish u well hope u get ur car.

[Spaceballone]

Originally Posted by mikenmar

What law says this?

The usual contract law is that when the seller makes an offer, the buyer accepts it, and there's some consideration, that's a binding contract.

Furthermore, since he has a signed agreement with the dealership, he's satisfied the requirements of the Statute of Frauds. There has also been partial performance (the deposit) and reliance (the buyer did not go elsewhere to order his car because he assumed they were selling it to him).

The car may still legally belong to the dealership, but that doesn't mean he can't sue for breach of contract. In the usual situation, that would be worthless -- since the market value of the car is usually equal to the price they agreed upon, there's no damages. But here, the market value of the car is clearly more than the MSRP they agreed upon.




I wouldn't be surprised if there's some special law governing vehicle sales in California that makes the above analysis inapplicable, but can you tell me what it is, if so?

Yes not to mention on the bottem of my sales order it states in BIG RED letters "This Order not subject to cancellation-Deposit NON-Refundable" !

Also reading the fine print, the salesman or Rep have to also sign at the bottom of the sales order, which is where they may be getting away from legal trouble....dammit

[The Dark Knight]

Sucks to hear man!

[wirebender]

Originally Posted by Tal

With a purchase agreement for MSRP in writing, along with a deposit and order number you should be able to recover the legal fees in the lawsuit. I say get your lawyer to go with you to pick it up and explain that they need to sell you the car at MSRP with a $1500 discount for your legal fees. The real trick is finding the right lawyer, but when dealing with a crook like this it's the best option, though it's more a case of the other options being even worse IMO.

As much as I dislike the idea of giving a lawyer money....I would rather them have it than the unscrupulous dealer. What ever happened to honor, integrity, principles?

[Aaron1121]

This is not good. I also ordered my 2SS/RS from Putnam Chevrolet.

I ordered from Ed Cerepak back in October. He had serveral postings on the Camaro5 forums, and after talking to him, I placed my order. I believe several other Camaro5 members also placed orders.

So far, Ed has been a very good guy. He's kept me up to date on the status of my order, and answered all of my questions. He also provided the pricing to me via email, fax, and on my 1K deposit reciept, so I would be shocked if they didn't honor the price commitment. Since he has been very good to me so far, I'll give him the benefit of the doubt until we hear about your experience with them this afternoon.

PLEASE keep us up to date and let us know if Putnam decides to honor the price commitment on your car.

Also, please let us know the salespersons name, the deposit that your paid, and what type of writing the agreement was in. I would really like to know if we are dealing with the same exact people at the dealership.

[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.

[Stevo]

Now the question is whether the object of your desire is worth more than your self-respect...

Ask the dealer if his honor is only worth $3,000. Be prepared to walk away from it all...its called self esteem.

This had no effect on the sales manager. I even asked him if the 3K was going to offset the potential bad press he would receive by backing out of the deal he had with me.

[Captain Awesome]

Originally Posted by McGruff

The President just makes suggestions, there's very little he actually does himself due to checks and balances.

So when are the checks andf balances going to get their say on the draconian CAFE mileage he just "suggested"?

[Brokinarrow]

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.

Wow dude, that is a freaking blitzkrieg there! If it doesn't work, they won't be able to escape the mountain of bad press those steps will bring on their head!

[Speedy1975]

If you have MSRP in writing on a contract and signed by both you and the dealership then IT IS BINDING. It is ILLEGAL for them to demand more for the car.

You definitely have a case here. It's just in how much you want to push. Most places don't expect the average joe to push back very hard and most people won't, they just roll over. However I'd wear them OUT. I'd have the news out there and a small claims court filing as well.

Keep us posted and good luck.

[THE EVIL TW1N]

Originally Posted by Saving41

This is what I had been led to believe, but I also have the right to park my butt on public property with a sign saying that the Dealership is not an honest one, and my truthful account of the events. Over a holiday weekend, business may or may not be affected...but it will make the owner unhappy over the potential loss of sales. Educating the public can be FUN!

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

[Mattsack789]

You should give us his email address, then everyone on this forum could send him an angry email!

[Speedy1975]

Originally Posted by THE EVIL TW1N

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

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.