Brenda H Posted October 6, 2012 #1 Posted October 6, 2012 Anyone hear about the guy in Virginia who traded in his car on a new Chevy Traverse? He originally bought a black one but brought it back the next day for a blue one. He paid in full, took it home, and left the next day on a cruise. He got home to find a large number of calls on his home and work phones, and mail. When he contacted the dealership, it seems they had made a mistake on his paperwork and the blue Traverse was worth more so they wanted him to come in and sign a new contract for the higher price, $39k instead of $33k. He refused as he had already paid in full for the vehicle at the stated price. Well, the dingbats had him arrested for GTA. He had to bail himself out of jail and walk home [5 miles]. They continued to demand he come in and sign the higher priced contract even after they dropped the charges. The president of the dealership has finally apologized for the situation and offered him the vehicle at the stated price, $33k. His reply: No Thanks. He's suing them for $2.2M for a variety of reasons due to their screw up. MHO? They had better settle now while they can. I can think of a few juries that would be of the opinion that $2.2M is not enough!
chabicheka Posted October 6, 2012 #2 Posted October 6, 2012 (edited) hmmmm...wants 2.2 million for walking 5 miles.. heck...i will walk 5 miles for 50 dollars, at midnight, below freezing temperatures, with dark clouds swirling in the sky, wolves howling in the background,on a muddy path, going uphill...( thanks Sleepy2) without my shoes on! Edited October 7, 2012 by chabicheka Suggestion as per my buddy, Phillip.
Snaggletooth Posted October 6, 2012 #3 Posted October 6, 2012 Good for him! I'm sure in the end he will have a vehicle he likes even better and a lot of respect (or fear) (( known to be the same thing in some cases)) from the dealer he buys it from. Bet the paperwork is right next time. Mike
BoomerCPO Posted October 6, 2012 #4 Posted October 6, 2012 That's not a reasonable amount for the inconvienence he suffered. If the dealer had shot the guy's dog; sold his children off into the sex slave industry; burned his house to the ground; and shipped his wife off to an Al Queda Training Camp all of THAT would justify 2.2 Million Dollars. Boomer....who sez some ambulance chaser iz gonna get a big piece of this Virginia pie.
twigg Posted October 6, 2012 #5 Posted October 6, 2012 Good for him! I'm sure in the end he will have a vehicle he likes even better and a lot of respect (or fear) (( known to be the same thing in some cases)) from the dealer he buys it from. Bet the paperwork is right next time. Mike I agree ... and it is much worse than that. I can't believe that folk are missing the point that a Car Dealership could have a guy arrested for theft over a disputed invoice. Where are your freedoms when the Police will throw you in jail over a disputed commercial debt ... When you have paperwork showing that you paid in full. If they get away with as little as 2.2 million, then they should count themselves lucky. Just imagine for a moment that you were at home, enjoying quiet time with your children or grandchildren, when the cops arrive. You argue, because you know you are right then, in front of your kids you are tased and taken away. Think it can't happen? Well it won't happen if the abusers know that they will be made to pay. The cops have questions to answer too.
Guest scarylarry Posted October 6, 2012 #6 Posted October 6, 2012 Yes I read it, and though lawsuits I'm against 50% of the time but not this one.. The way I see it isn't will we pay but how much will we pay... Ever heard of car dealer called Bill Heard he was here in Nashville and some other states but he did the samething, never arrested anyone but try the same bait and switch and then the local media got involved and the BBB and he was gone...
Redneck Posted October 6, 2012 #7 Posted October 6, 2012 I will bet there is more to the story. Police don't arrest people because a car salesman called and told them to. They had evidence or they would not have arrested him. Any moron on a jury that would award 2.2 million for this even if the story is correct is just that a moron. If you think your sticking it to the man your wrong. Ever wonder why thing cost so much? When the losers of the bs lawsuits start having to pay all expenses this will stop.
BoomerCPO Posted October 6, 2012 #8 Posted October 6, 2012 Yes I read it, and though lawsuits I'm against 50% of the time but not this one.. The way I see it isn't will we pay but how much will we pay... Ever heard of car dealer called Bill Heard he was here in Nashville and some other states but he did the samething, never arrested anyone but try the same bait and switch and then the local media got involved and the BBB and he was gone... Word of mouth advertising will make or break any business....and if publicity is put on shady business practices the "break" comes awful quick. Boomer....who sez dealing with small town businesses iz a lot safer den dealing wit dem big city folks....
Sliver Posted October 6, 2012 #9 Posted October 6, 2012 2.2 million is a reduclous amount but a deal is a deal. If you agree on an amount and money exchanges hands its a done deal in my book. Reasonable damages should be paid.
twigg Posted October 6, 2012 #10 Posted October 6, 2012 I will bet there is more to the story. Police don't arrest people because a car salesman called and told them to. They had evidence or they would not have arrested him. Any moron on a jury that would award 2.2 million for this even if the story is correct is just that a moron. If you think your sticking it to the man your wrong. Ever wonder why thing cost so much? When the losers of the bs lawsuits start having to pay all expenses this will stop. What do you mean? ... "Even if the story is correct". If the story is correct then what happened was a gross violation of a citizen's civil rights involving arrest and jail. The jury will hear it all if the Dealer is dumb enough to let it go that far .... They might not think it too much. This is not a frivolous lawsuit of the type folk do not like. This guy has a genuine grievance, and the jury will make the award. The amount asked for is meaningless drivel, designed only to get their attention. That is how these things work. The Dealer will be advised to settle, and the amount will probably be roughly equal to the value of the car, plus costs. If the dealer doesn't take the deal, he may lose his business. The PD may be defendants too. They almost always settle when there is any kind of case to answer.
Redneck Posted October 6, 2012 #11 Posted October 6, 2012 What do you mean? ... "Even if the story is correct". If the story is correct then what happened was a gross violation of a citizen's civil rights involving arrest and jail. The jury will hear it all if the Dealer is dumb enough to let it go that far .... They might not think it too much. This is not a frivolous lawsuit of the type folk do not like. This guy has a genuine grievance, and the jury will make the award. The amount asked for is meaningless drivel, designed only to get their attention. That is how these things work. The Dealer will be advised to settle, and the amount will probably be roughly equal to the value of the car, plus costs. If the dealer doesn't take the deal, he may lose his business. The PD may be defendants too. They almost always settle when there is any kind of case to answer.Really? You haven't even heard the opening statements but you have already convicted the dealer and the police. You have already decided what the outcome will be. As I said before we have way to many morons among us.
Guest scarylarry Posted October 6, 2012 #12 Posted October 6, 2012 The PD is in the clear a warrant was issues their job is to serve it.. The dealer openly apologize and admit error that is admission of guilt..
twigg Posted October 6, 2012 #13 Posted October 6, 2012 Really? You haven't even heard the opening statements but you have already convicted the dealer and the police. You have already decided what the outcome will be. As I said before we have way to many morons among us. .
sleepy2 Posted October 6, 2012 #14 Posted October 6, 2012 chabicheka you forgot up hill also! Also there must have a big difference in options between the black and the blue cars to make a $6000 difference. Dealer should have known that before trade don't you think?
Brenda H Posted October 6, 2012 Author #15 Posted October 6, 2012 The dealership screwed up. The cops screwed up or more likely the local DA. But they're not at fault?? A guy who stands up for himself. Who gets arrested for something he did not do. Who has to undergo constant pressure from a dealership who thinks their mistakes shouldn't amount to anything and that a guy who bought his vehicle in good faith and paid cash should have to cough up more money because they couldn't keep their paperwork straight?? Who has people probably questioning his integrity and reputation as he is a RN and this could damage his standing among people in his profession? I'm not the moron here. I remember Bill Heard. He did business in Houston years ago. There was another Chevy dealer down here that made him look good. Landmark Chevrolet, or as one car salesman friend of mine called it "LandSHARK Chev.", were past masters of the bait and switch. The one time we even thought of doing business with them was when the Hubby needed to replace his commute car. Putting 35k on a vehicle a year meant we were doing this every two to three years. When they heard we were going to pay cash, the salesman dropped us like a hot rock and sent us to the most ill lit part of the saleslot where the "cash" cars were. Ever try to look at cars in the dark?? That kind of treatment and we left. The Pontiac dealer down the street had a salesman with us the entire time, the sales mgr. came out to make sure we had what we needed and that we were satisfied with the price on the car we did NOT buy from them. I'm not in favor of multimillion dollar lawsuits either but these guys asked for it and they're going to get it. Any reputable dealership would have asked for the additional funds and when told no, would have given whoever was responsible for the error one heck of a chewing out and written the whole thing off to experience. We do repeat business with dealerships who "do it right", 3 cars from one Chevy dealership, 4 trucks from one Ford dealership, and I'm on my second from one Nissan dealership. Happy customers keep a dealership in business, not greedy buggers who have to have every last nickel. I'd love to see just how much their sales drop from this because I'm betting they will get hit in the pocketbook in more ways than one! :soapbox: I will now get off my soap box!! Really? You haven't even heard the opening statements but you have already convicted the dealer and the police. You have already decided what the outcome will be. As I said before we have way to many morons among us.
Guest scarylarry Posted October 6, 2012 #16 Posted October 6, 2012 I agree with you on the dealership and yes they will settle, this can't be heard in court or it will sink them worst... My question is how is the PD and DA held accountable for wrong doing? If the dealership made the statement which we really don't know what was said, but presented in a manner as he stole the car without fully paying for it, they have no other choice but to bring him in or they could face charges as well, the way I see it it all falls on the shoulders of the dealership.. I never dealt with Bill Heard here they had a news crew that stay camp out there and burning them up... I went back and read more on them to he had 13 stores and closed them all...
twigg Posted October 6, 2012 #17 Posted October 6, 2012 The dealership screwed up. The cops screwed up or more likely the local DA. But they're not at fault?? A guy who stands up for himself. Who gets arrested for something he did not do. Who has to undergo constant pressure from a dealership who thinks their mistakes shouldn't amount to anything and that a guy who bought his vehicle in good faith and paid cash should have to cough up more money because they couldn't keep their paperwork straight?? Who has people probably questioning his integrity and reputation as he is a RN and this could damage his standing among people in his profession? I'm not the moron here. I'm not in favor of multimillion dollar lawsuits either but these guys asked for it and they're going to get it. Any reputable dealership would have asked for the additional funds and when told no, would have given whoever was responsible for the error one heck of a chewing out and written the whole thing off to experience. We do repeat business with dealerships who "do it right", 3 cars from one Chevy dealership, 4 trucks from one Ford dealership, and I'm on my second from one Nissan dealership. Happy customers keep a dealership in business, not greedy buggers who have to have every last nickel. I'd love to see just how much their sales drop from this because I'm betting they will get hit in the pocketbook in more ways than one! :soapbox: I will now get off my soap box!! There is an irony here ... Unlike the comment above, I have not convicted anyone. Indeed, I had quite a bit of sympathy for the Dealer on this one. It's an easy mistake to make, and was probably an "admin" error. The thing here is the way they went about resolving it. Companies are not normally held liable for simple errors. They are not expected to lose a lot of money because they made a mistake and they could have sued the guy for recovery of either the car or the extra it should have cost.They probably wouldn't have won the full amount, but the guy also be unlikely to escape with $6000 of extras either. It's similar to bank errors in your favor ... You do not get to keep the $50k that was inadvertently deposited in your checking account. But they chose another, ridiculous path and now it has bitten them in the butt. They have no complaints and someone may be in trouble for the story told to obtain that arrest warrant.
Guest scarylarry Posted October 6, 2012 #18 Posted October 6, 2012 Banks mistakes are mostly electronic and YOU know it isn't right.. When a sales manager signs off on it, it is a done deal if not that means they could pull this at any dealer anytime and we do what pay it or give the car up? I don't think if the dealer would have sue they could have collected since they agree...
twigg Posted October 6, 2012 #19 Posted October 6, 2012 (edited) Banks mistakes are mostly electronic and YOU know it isn't right.. When a sales manager signs off on it, it is a done deal if not that means they could pull this at any dealer anytime and we do what pay it or give the car up? I don't think if the dealer would have sue they could have collected since they agree... You may be entirely correct, in which case the guy was a bit of an ass for walking off with a car that was over-specced for the price when all he wanted was a different color ... He too must have known there was a mistake ... maybe not, benefit of the doubt. The other scenario is when a dealer sells a vehicle "as seen and tested" .... you know, the second hand, no warranty, yadda, yadda .... In those cases the dealer is making sure there are no comebacks if the vehicle turns into a money pit, and if the customer gets lucky ... good for him! ps ... Heh! ... Bank errors are usually "clerical". Computers don't make mistakes, data-inputers do Edited October 6, 2012 by twigg Added text
Marcarl Posted October 6, 2012 #20 Posted October 6, 2012 Interesting conversation so far,,,,, but mostly we are just speculating, why don't we wait for the outcome and see how this all works out,, it maybe a lot different than what we can discuss here in make-believe. Often time we can get ourselves in an awful snit over just half a story and when it all comes out in the wash, it kind of turns out for the better. Mod
FreezyRider Posted October 6, 2012 #21 Posted October 6, 2012 There are several important details that I am not clear on regarding this transaction, and they make all the difference in the world. 1. When did he "pay in full"? Did that occur when he took possession of the original vehicle, or when taking possession of the second one? I don't know the details, but I'd think the dealer would collect the payment and have paperwork signed before the customer drove home with the first vehicle. 2. Which vehicle was described on the transaction paperwork? Was it the first one or the second one? This will be crucial....if the VIN and description belong to the first one, then the customer is absolutely on the wrong side of this lawsuit. He paid for the original and not the second. If the paperwork describes the second vehicle, the dealership is in error and had best find a very good attorney. Both parties in this could have avoided the issue by just doing what my parents taught me. And that is "Always do what is right. Even if it hurts." Who is greedy here? The dealership, or the customer? Show me the paperwork please. Joe
Guest scarylarry Posted October 6, 2012 #22 Posted October 6, 2012 There are several important details that I am not clear on regarding this transaction, and they make all the difference in the world. 1. When did he "pay in full"? Did that occur when he took possession of the original vehicle, or when taking possession of the second one? I don't know the details, but I'd think the dealer would collect the payment and have paperwork signed before the customer drove home with the first vehicle. 2. Which vehicle was described on the transaction paperwork? Was it the first one or the second one? This will be crucial....if the VIN and description belong to the first one, then the customer is absolutely on the wrong side of this lawsuit. He paid for the original and not the second. If the paperwork describes the second vehicle, the dealership is in error and had best find a very good attorney. Both parties in this could have avoided the issue by just doing what my parents taught me. And that is "Always do what is right. Even if it hurts." Who is greedy here? The dealership, or the customer? Show me the paperwork please. Joe This might answer some of your questions... http://abcnews.go.com/blogs/headlines/2012/10/chevy-dealer-errs-in-sale-price-has-customer-danny-sawyer-arrested-for-theft/
MikeWa Posted October 7, 2012 #24 Posted October 7, 2012 Hahaha. The last time I was at a dealership and got a 'good deal' I was so surprised and worried that I called in the sales manager and demanded they charge me a more appropriate (higher) price for the car. I mean who ever heard of walking out of a car dealership feeling like you got a 'good deal'. Of course the guy knew. I mean automobile pricing is so transparent every body knows exactly what each vehicle costs. Dealer discounts, incentives and volume buys are always so clearly stated how could he not know. You wouldn't think the "dealer invoice" could be wrong and besides every one knows the dealers always sell below invoice. Yep they loose money on every single sale. The contract was filled out and signed. Then reviewed by a closer or manager and signed again. Cash was paid, the sale was done. The dealership had every advantage in this negotiation and used it. Do you think if the purchaser came back the next day and said you charged me more than the car was worth the dealership would have refunded some of his money back? Do you? Well do ya? Sometimes a lawsuit needs to punish the offender sufficiently so they won't try it again. As far as value for defamed character, embarrassment, inconvenience etc. That's what judges and juries are for. They will not award more than they think it is worth. Mike
cabreco Posted October 7, 2012 #25 Posted October 7, 2012 This happened right here in our backyard. The ONLY medea that reported it locally was the Virginia Pilot a news paper. None of the TV stations reported ANYTHING.
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