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Lubbock, Texas | lets step back to reality here
1. Jon you are trying to take the "word" of a dealership that has already CLEARLY LIED about the fact that the car was stolen.......even if there was a verbal agreement (which I seriously doubt there was or the agreement was very unclear to the buyer and obviously the dealer as well) there was in fact no theft at all period.....it was NEVER a case of theft it was a civil matter and the police never should have been involved, but it is a clear FACT that the employes of the dealership not only got the police involved, but they in fact committed a crime themselves by making a false police report that there was a stolen car when what was actually happening was a civil matter only
so to think the dealership would be telling the truth about a verbal contract does not fly with me period because they have already committed a crime by making a false police report that a civil matter was a theft
2. no dealership on earth that is worth a damn would take a "verbal agreement" from ANYONE PERIOD.......and the fact that they did makes them highly suspect in general because that is just horrible business in pretty much any business today and especially the car business
3. the dealership had FULL CONTROL of the deal.....if they knew there was a disagreement on price before the guy left the store then why did they hand off the keys to the different car instead of telling him...take the original deal, turn your car back in and walk away from any deal entirely, or sign the new correct contract......oh wait they had the "verbal contract" <roll eyes here
4. why did the dealership if they knew there was a dispute go ahead and take the money when the guy returned with the cashiers check......in many places the fact that you went ahead and accepted what the seller was saying was full payment is a strong indication (and some places probably a legal implication) that you are accepting the deal that the customer believes is the deal and the deal is done......if you know you are going to file a lawsuit (especially as a large car dealership that has lawyers and a cash reserve and is not going to fold if the don't get paid right away for one car) why would you cash the check instead of holding the check and filing the lawsuit
5. the person has a SECOND CONTRACT that has the same amounts on it.......oh yea that is because of a "clerical error", but there is some mythical "verbal contract" out there that goes against TWO SIGNED WRITTEN CONTRACTS and against the fact that the dealership accepted and CASHED the cashiers check
6. and here is the real last reality for ANY car dealership.....I am not saying that all, most, or even that any dealership is filled with crooks (but we know at least some are)....but when you make your way in the world with hokus pokus flim flam watch what is in this hand and watch what is under this coconut business practices dealing with products that cost tens of thousands of dollars you should expect that there will be and OFTEN IS disputes about what was actually agreed upon at the end of the deal......that is 100% how many dealerships make the margins they need to make by confusing the hell out of people, running them through a salesman, a floor manager, the new car desk, and then the F&I guy that finally tells them what their actual interest rates and payments will be (even though they know that almost immediately after they pull the guys FICA scores).....so again when YOU set up your dealings to purposely create confusion and you rely often on the fact that someone signed a contract that they will later regret when they find out they paid more that they thought for a car and their interest rate is 2 points above what they could have gotten at a credit union.......don't come back to me crying about a "verbal agreement" and a "clerical error" on a contract that is SIGNED off on by several people at the dealership
Jon you are pretending that someone made a straight up car deal (as if there really is such a thing) came back the next day to trade a car in and the manager just looked right at him and said "well it will be this deal +$5,000 more dollars" and the guy reached out his hand and said "sold"
when the reality is that dealership saw a chance to open the deal back up entirely, they saw someone that was "wishy washy" on what they were doing, and they saw that someone wanted something more than something else so here is a chance to slip another $100 or $200 dollars worth of profits into this deal......so instead of having someone get out a contract and start transferring numbers straight away they went back through the whole song and dance and at the end it bit them right in the butt
I would say there is about a 5% chance that the buyer knew the entire time that they were getting something they should not have been getting for the price and about a 95% chance that they were just looking at as making a new deal because I will believe there is a 99% chance the dealership was looking at the chance to make a new deal and a 1% chance to make the same deal + the difference in price only
I find it highly unlikely that a dealership just straight up said "it will cost $5,000 more" and here lets sit down and fill this all out just like before only with $5,000 added on to the price and then at the end of the deal the buyer looked it all over (chuckled to himself because it was the same exact price as the other one) and signed away and then ran out and got the check to CYA himself
I find it HIGHLY LIKELY that the dealership said something highly unintelligible like "that unit has a $5,000 higher sticker price" so we will have to come to a new agreement and then sat down and started in on the new car price clown circus game and when it was all said and done the customer was looking and thinking "man I Think I got screwed yesterday because this is a better deal" or the customer was so confused they did not even realized they had just paid the same price or the customer assumed through new car clown college and circus geeking money games the dealership had managed to get $5,000 out of hm while still writing the same price on the sales contract
again there is nothing that says there was ANY dispute about the contract when the deal was actually done....BOTH SIDES signed off on the deal and they walked away all happy happy and the customer was HANDED THE KEYS to the other car and then the customer was probably happily greeted upon returning with the cashiers check and then a few days later is whe the dealer figured out they had out gamed themselves and started committing a CRIME by filing a false police report
again it was not a case of here lets get a new contract out and write everything down here and except on this one like we will put $39,000 instead of $34,000 and then everyone signed the deal and then 10 seconds later the GM of the dealership said "hey that should have been $39,000 not $34,000 and the customer laughed in their face, snatched up the keys, ran out the door and laid rubber burning out of the lot......and ten returned a short time later with a cashiers check made out for $34,000 and the dealership took it and cashed it and watched him give them the finger as he hauled A back out of the lot in a "stolen" car
hell there have been 10,000,000 people that have had dealerships HOLD THE KEYS TO THEIR CAR THAT THEY OWN AND HAD EVALUATED FOR TRADE IN (which is holding them hostage) to try and get them to sit and do a deal on a car.....and now you somehow believe that a dealership just watched this guy drive off the lot not only once, but twice knowing that he owed them $5,000
again there is about a 1% chance this guy had any clue he was getting this type of deal and to be honest even if he was sitting there the whole time watching them write $34,000 instead of $39,000 and then watching everyone sign the deal as he laughed to himself......the 100% total FACT of the matter is if new car and used car dealers were even half as open and honest with their dealings as they pretend they are this type of thing would have abut a zero chance of happening, 99.9999999% of the time when something like this does happen it will be in the dealers favor......so when it happens and the dealer has to eat it that is their tough.......s===......luck
and again there is not a chance in hell they said this will not be $34,000 it will be $39,000 and here is a contract with $39,000 sign here opps that says $34,000 hold tight while we get another contract filled out properly.....it just did not happen that way the coconuts, card tricks, clowns in the clown car, jugglers, and ring masters all came out of the woodwork and in the end the dealership ate it and will be eating it even bigger for following up their mistake with a false arrest and false police report
Edited by rodrod5 11/9/2012 07:54
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GM dealer makes mistake, then has customer arrested
