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Old 06-03-2017, 09:56 AM   #71
trident
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One more thought; it is just a car. If the dealer will give you ALL your money back to include TT&L, give them the car back. Although, you are not eligible for Employee pricing and you did not misrepresent yourself and gave them the supplier code prior to signing any paperwork then it is a mistake on their part. If you keep the car you are going to have a bad feeling about the car every time you drive it. If you give it back the dealer has to sell it as used. A dealer receives a hold back for each vehicle sold, 2-4 percent of the MSRP. Most dealers want to avoid conflict and a bad rating on "DEALER RATER". This is just me, but it is just a car and there are plenty others. My Corvette I just bought was below Employee Pricing. So, if I get ALL my money back then I would give it back. I would also mention that they have dealer hold back and that I did not misrepresent myself and it is the dealer/finance persons fault. I don't trust anyone, therefore Mr. Dealer you give me a check and I give you the keys.
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Old 06-03-2017, 10:15 AM   #72
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I blame the dealer, they should have validated your discounts. They got you in the car now, they may be shady like we know so many dealers can be. I would take the car back and have them unwind the deal or atleast act that way. If you really want the car maybe you can work out an agreement like splitting the difference. Looking forward to hearing the outcome. Good luck!
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Old 06-03-2017, 10:24 AM   #73
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Originally Posted by Quick_Wick View Post
Update on this: loan has NOT closed and dealer has not been funded by California Coast Credit Union. Looks like I am going to have to get some legal advice on this. Really hate to do this but I signed a contract and they clearly made a mistake. What makes me upset is they are telling me I said GM Employee Discount when I clearly know it was Supplier we agreed upon and even gave them the code. We even have written evidence of this. The contract does not say supplier or employee pricing, it just states vehicle selling price. If they would just own up to it and make a deal I would be OK with that (maybe halfway?) but they are making me feel like I'm the idiot in the wrong. Do I go in and talk to them or let them sweat a little and have nightmares over the weekend? Threaten to return a car with rolling miles as we speak on it? Thanks for everyone's input.
Just trying to clear up a few details....Did you ask the credit union why the loan did not close and the dealer has not been funded?....I would think that would be telling as far as legal advice....Your credit union should be able to tell you if the dealer can pull the plug on this contract. I doubt the credit union would go through the steps of trying to transfer funds, if the dealer is nixing the contract....Maybe see what your credit union has to say...

Interesting that the dealer let you drive off without having received the funds. I didn't know that was possible....

And your credit union agreed to finance you? Neither you nor the credit union knew how much would be financed until the 31st of May?....The credit union had all of one business day to approve and fund the contract?....I suppose that's possible.

Also it just strikes me as odd that you had ordered the car in March, but didn't inquire or were curious how much the supplier discount actually was and only found out how much the discount off MSRP was one day before taking delivery....

Again, sorry for any misunderstanding on my part. Something a lot of us can learn from all this. Please keep us advised.
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Old 06-03-2017, 10:38 AM   #74
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Quote:
Originally Posted by Realist View Post
I blame the dealer, they should have validated your discounts. They got you in the car now, they may be shady like we know so many dealers can be. I would take the car back and have them unwind the deal or atleast act that way. If you really want the car maybe you can work out an agreement like splitting the difference. Looking forward to hearing the outcome. Good luck!
I'm with you, I'd play hard ball. The dealer F'ed up, I'd return it dirty as hell (get all your money back) and tell them you going to report them to the better business bureau, and post the story on their Facebook and Twitter pages. I wouldn't give them the option to try and "negotiate" anything, just tell them your not doing business with a dealer who can't get a simple sales contract straight.

Then I'd contact the regional and/or district sales rep, tell him/her the story and file a formal complaint against the dealer with GM.

When the rep tries to help resolve the problem ask him/her for a recommended dealer who won't screw you and leverage the fact that you lived up to your end of the contract for extra incentives on a new car.
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Old 06-03-2017, 11:13 AM   #75
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I don't think it's as simple as a lot of y'all are thinking.

Even if the dealer made the mistake and entered the deal into system at employee pricing, GM is kicking it back because of the wrong code.

The easiest fix and best fix for everyone is if the OP can get ahold of an employee pricing code. Everything stays the same, no big deal.

If that doesn't happen, then the dealer does have recourse. Pretty sure they are not going to kill the deal and take the car back over $2,000. However, regardless of how the mistake was made, the OP is not entitled to the employee discount, only the supplier discount.

So what happens from here? My uneducated guess is that if the OP cannot come up with the employee code, he can either go back to the dealer, have the deal rewritten with the supplier discount and handed over to the lender to have that extra $2,000 rolled into the payments. The OP can just pay the dealer the difference in cash. Or the dealer can enter the deal in the system with the supplier code and create an A/R invoice for the unpaid balance and send it to the OP. In which case, if the OP refuses to pay, it goes into collections and all that goes with that.

Or, perhaps the dealer can kill the deal since the deal as written is wrong and thus void. The car has not been registered yet, so in the official sense, ownership has not actually changed hands. The dealer may not even send the paperwork in to get funded by the lender until this is remedied. In which case the OP may not be able to register the car.

Either way, I don't think the "You messed up, to bad, so sad" defense is not going to hold up. The dealership is going to want their money and will use whatever tools they have to get it.
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Old 06-03-2017, 11:14 AM   #76
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Interesting that the dealer let you drive off without having received the funds. I didn't know that was possible....

- in all lease/finance deals..the customer leaves with the car before the deal is funded...once it is approved...everyone is good to go..ergo CDA- in case some further paperwork is needed..
- i would like to hear from the op today..
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Old 06-03-2017, 11:26 AM   #77
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Have a legal wiz look at your signed contract...then if necessary go see them with a tape recorder
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Old 06-03-2017, 11:31 AM   #78
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Some of you guys have responded like complete a$$holes! It's a very simple issue. I sincerely believe the OP didn't and possibly wouldn't have known the difference between employee pricing and supplier pricing. One point no one has made here is whether the dealership isn't being dishonest. Could there have actually been no mistake and now the dealership is trying to scheme a little extra cash? I've yet to see anyone prejudge the dealership the way some of you have done the OP. While I am not an a attorney, I am a paraprofessional and I specifically work in the realm of contracts. I cannot provide legal advice but my understanding is just as someone pointed out in CA Code, if a contract is misconstrued it is on the writer of said contract, not the reader, to bear the burden. Furthermore if said discrepancy did exist, the dealer knowingly and willingly will all opportunity and resources available agreed to said offer. The Dealer should have known the difference in pricing, the dealer should have confirmed the difference in pricing. This is not about the OP doing the right thing. This is about poor business practices where dealerships are trying to turn profits every 50 mins instead of ensuring that things are done right. Oversights in contracts are NOT a small matter. That is why they are written, negotiated, rewritten, and reviewed BEFORE execution. So for those saying the OP needs to do the right thing....please take your self-righteousness and shove it. This man did what exactly what he was supposed to do and to boot he dropped $20k down. If the dealership cannot survive because of this sale then it is only more indicative of a systemic issue with their processes, NOT their clientele. Just my .02.....but what do I know?
Very well said.

People have to read the California law that pertains to these issues before posting.

The OP is not at fault.
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Old 06-03-2017, 11:39 AM   #79
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i don't think the OP is trying to be dishonest in any way, but telling him to rack up miles on a vehicle to be vindictive is wrong. Dealer made a mistake, some dealers won't even deal with employye pricing things like this may be a reason why. The GMS (forgot if the is supplier or employee) price is listed on the invoice, so you could see what that says. If the supplier price on the invoice is what they are asking for they aren't playing any games with the price. People have to remember we are in CA and a lot of stuff in the other states doesn't apply here, like cooling off periods. I think if he returns the car it is still considered new here because the deal would be roolled back and they probably haven't submitted to DMV.
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Old 06-03-2017, 11:45 AM   #80
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i don't think the OP is trying to be dishonest in any way, but telling him to rack up miles on a vehicle to be vindictive is wrong. Dealer made a mistake, some dealers won't even deal with employye pricing things like this may be a reason why. The GMS (forgot if the is supplier or employee) price is listed on the invoice, so you could see what that says. If the supplier price on the invoice is what they are asking for they aren't playing any games with the price. People have to remember we are in CA and a lot of stuff in the other states doesn't apply here, like cooling off periods. I think if he returns the car it is still considered new here because the deal would be roolled back and they probably haven't submitted to DMV.
Even if it can be resold as "new," if there's any significant amount of mileage on it the value will drop.
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Old 06-03-2017, 12:01 PM   #81
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Nobody is forcing the OP to pay anything. He got a discount he wasn't entitled to. Dealer caught the mistake relatively soon and are asking for the difference. As per CA Law he does NOT have to agree to pay the difference but if he doesn't then the car needs to go back.

I'm sure if they knew about the shitstorm brewing on here they'd rather have the car back at this point, it isn't worth the bad survey for the $1500 profit they made.
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Old 06-03-2017, 12:16 PM   #82
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Old 06-03-2017, 12:18 PM   #83
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Originally Posted by Ian SS View Post
Nobody is forcing the OP to pay anything. He got a discount he wasn't entitled to. Dealer caught the mistake relatively soon and are asking for the difference. As per CA Law he does NOT have to agree to pay the difference but if he doesn't then the car needs to go back.

I'm sure if they knew about the shitstorm brewing on here they'd rather NOT have the car back at this point, it isn't worth the bad survey for the $1500 profit they made.
...fixed it for you,....(I think)...lol...
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Old 06-03-2017, 01:36 PM   #84
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This is an interesting post

My wife and I use to sit on mock juries, owned by Dr. Phil here in Dallas. A mock trial was presented and the attorney's for either the plaintiff or Defense, whichever party was using the service would present their case. During our mock jury deliberations there were 12 different opinions and 12 different interpretations of the law. I find it interesting the difference of opinions here, not saying which is correct or incorrect. First question prior to the case was "do you believe in the letter of the law or the spirit of the law". We sat in on many contract disputes and each one trended towards the letter of the law, but each attorney always had a "what if". I would assume that you and the dealer can come to a successful agreement that both of you are satisfied with. Please let us know the outcome. (side note) I just purchased a new Z06 below employee pricing.
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