Ben H Posted August 20, 2010 Report Posted August 20, 2010 I bought my wife a new car two days ago. Sticker on the car 2010 Accord was $29,xxx.xx. Almost 30k. I worked the deal down to 23k. We dealer drew up the paperwork, and went to take delivery of the car. Yesterday, I get a call from the dealer saying they screwed up on the paperwork and sold the car 2k too cheap, and they want me to bring them 2k. Now when I was working the deal, I had two dealers bidding between each other. The dealer who we bought the car from was matching a price from the other. I did not say one way or another if the 23k was just the car, or out-the-door price. They took it upon themselves to write the deal up as out-the-door, not me. I have all signed paperwork, and as far as I'm concerned, the deal was done when we drove off the lot. The only thing that concerns me is where the dealer would sign the contract, they didn't.....hmm. is there some sneaky stuff going on here....
mgbinspect Posted August 20, 2010 Report Posted August 20, 2010 If it was me, I'd do one of two things: call an attorney I know for advice or, take the car back, hand them your paperwork, say, "Hey, thanks for your time, we almost had a deal. Have a nice day." and walk out. See if they don't chase you like a puppy dog all the way to your car. Sounds like a chess game to me and the next move is yours.
fyrmnk Posted August 20, 2010 Report Posted August 20, 2010 If it was me, I'd do one of two things: call an attorney I know for advice or, take the car back, hand them your paperwork, say, "Hey, thanks for your time, we almost had a deal. Have a nice day." and walk out. See if they don't chase you like a puppy dog all the way to your car. Sounds like a chess game to me and the next move is yours. I'd say "we have a signed deal, not my problem." If they try to pursue something legally they will have to provide the signed contract they have, which includes their signatures I'd imagine. You probably just received copies of the documents. You could also mention you'd be happy to take your case to the local media to run a story about the bait and switch, as well as discuss it with the attorney general for your state and the Better Business Bureau if they'd like to go that route. Bet they'll decide to cut their losses. I wouldn't give them a cent.
gtblum Posted August 20, 2010 Report Posted August 20, 2010 You took delivery? You're an owner. You do have all of the paperwork, right? Don't bring them a dime. I'm kind of curious about how they were offering that kind of a discount to begin with. Nobody has that kind of money to play with on a new car. Was there a rebate involved? Call the bank you financed the car with and let them know what's going on. Call Honda. Let them know what's going on. These guys are supposed to report deliveries within x amount of days. If they don't, (because they're playing games with you) and they floor plan their inventory with Honda motor credit, they're out of trust. If they go out of trust, and have pulled enough of this crap on others, Honda could walk in, take, over and do a complete audit of the place while running it themselves. If that happens and they see this has been an ongoing practice, they could pull the franchise. But hey, it's probably just a mathematical oversite. I have seen this happen before. It wasn't pretty. Managers turned white as a sheet, everyone started getting chest pains and diarrhea, then when they called the guy and he told them to go pound rock salt, it got worse. Were you being a price shopper?
Ben H Posted August 20, 2010 Author Report Posted August 20, 2010 You took delivery? You're an owner. You do have all of the paperwork, right? Don't bring them a dime. I'm kind of curious about how they were offering that kind of a discount to begin with. Nobody has that kind of money to play with on a new car. Was there a rebate involved? Call the bank you financed the car with and let them know what's going on. Call Honda. Let them know what's going on. These guys are supposed to report deliveries within x amount of days. If they don't, (because they're playing games with you) and they floor plan their inventory with Honda motor credit, they're out of trust. If they go out of trust, and have pulled enough of this crap on others, Honda could walk in, take, over and do a complete audit of the place while running it themselves. If that happens and they see this has been an ongoing practice, they could pull the franchise. But hey, it's probably just a mathematical oversite. I have seen this happen before. It wasn't pretty. Managers turned white as a sheet, everyone started getting chest pains and diarrhea, then when they called the guy and he told them to go pound rock salt, it got worse. Were you being a price shopper? Yup I was, for a car that is the same at every dealer....[:-dev3] Looking at the paperwork, It appears they did make an error in my favor. But is that really my fault or problem? If the 2k was on the other side of the door, would they have called me and said "I'm sorry, we overcharged you, here's 2k back!" LOL
kurt Posted August 20, 2010 Report Posted August 20, 2010 I have all signed paperwork, and as far as I'm concerned, the deal was done when we drove off the lot. The only thing that concerns me is where the dealer would sign the contract, they didn't..... You've said two different things in the same sentence. This goes to an attorney, asap. You might have a good deal, you might not.
Ben H Posted August 20, 2010 Author Report Posted August 20, 2010 I know what you mean Kurt. I refuse to get a atty involved over such a matter. I'll return the car, and find another one before that happens. If they won't take the car, then I guess it's mine, for what the contract says. I really don't think it's a scam, just an error. Oh, yeah there was 1200 cash back on the car.
Ben H Posted August 20, 2010 Author Report Posted August 20, 2010 FYI, my down payment check cleared yesterday...
kurt Posted August 20, 2010 Report Posted August 20, 2010 Cool. I just bought a new car too. 5 year, no interest loan. Thousands under list. It's a great time to buy a car.
Les Posted August 20, 2010 Report Posted August 20, 2010 Ben, I am curious why no atty. Did you buy your house without an inspection? This issue is fun to talk abt on a forum, but much more complex in real life. It is my opinion you are screwed. Did you "finance" the deal? Take the car back asap or see an atty asap.
Ben H Posted August 20, 2010 Author Report Posted August 20, 2010 Ben, I am curious why no atty. Did you buy your house without an inspection? This issue is fun to talk abt on a forum, but much more complex in real life. It is my opinion you are screwed. Did you "finance" the deal? Take the car back asap or see an atty asap. I did in fact buy my house w/out an inspection. I'll chalk that up to young and dumb... I did finance part of the deal, less than 50%. I checked today and the very large down payment did in fact clear the bank. I suppose if worst comes to worst I'll simply return the car, and go to another dealer. I've emailed the owner of the dealership to make him aware of the situation, we'll have to see what he says. My reasoning behind no atty is I don't feel it's worth it. I'm not going to let this draw out into some big ordeal, I'll give them the car back first. If they want to add 2k to the deal, a new contract would have to be signed, and we won't do that. I won't leave the dealer without proof in writing that the 1st deal is canceled with out any credit dings. I'm disappointed things have gotten to this point. In my short 31 years, I've bought and sold 16 car/trucks. This is my wifes second car in 10 years. She spent the night upset and crying thinking they were going to take her car. Broke my heart.
Terence McCann Posted August 20, 2010 Report Posted August 20, 2010 If it is a legitimate mistake on their part I would pay. Golden rule, Karma and I need to like the person I see in the mirror every morning. I also like to think home inspectors have a well calibrated moral compass.
mgbinspect Posted August 20, 2010 Report Posted August 20, 2010 If it is a legitimate mistake on their part I would pay. Golden rule, Karma and I need to like the person I see in the mirror every morning. I also like to think home inspectors have a well calibrated moral compass. Yeah, my advice is based upon the assumption that those car dealership "numbers guys" are pretty detail oriented anf don't make many mistakes, so the dealership is playing with you. The only thing I'd want from an attorney is an answer to the question: "Can they do this?"
Marc Posted August 20, 2010 Report Posted August 20, 2010 If it is a legitimate mistake on their part I would pay. Golden rule, Karma and I need to like the person I see in the mirror every morning. I also like to think home inspectors have a well calibrated moral compass. Yeah, my advice is based upon the assumption that those car dealership "numbers guys" are pretty detail oriented anf don't make many mistakes, so the dealership is playing with you. The only thing I'd want from an attorney is an answer to the question: "Can they do this?" I agree. They want the car back, but not until after they cash a large down payment check. They 'forgot' to affix their signature to the sale. They're playing you, Ben. Wise up. Marc
hausdok Posted August 20, 2010 Report Posted August 20, 2010 I'd tell the dealer that I'd sat there with their accountant signing papers for twenty minutes and they had plenty of time to cancel the deal. Now, if they want to get the 2K that they say it's worth more than what I'd paid for it, I'd tell them to take it out of the sales manager's and salesman's paychecks. ONE TEAM - ONE FIGHT!!! Mike
gtblum Posted August 20, 2010 Report Posted August 20, 2010 These guys are right about the attorney. It's not as simple as bringing the car back at this point. As soon as it was registered, it became a used car. It can't be resold as new and it's only worth what that model and year would bring at auction. Those guys are not going to take a $10k or more hit for a mistake.
David Meiland Posted August 20, 2010 Report Posted August 20, 2010 Interesting topic. I think first order of business--if you choose to draw it out--is to determine if the signed paperwork you have constitutes an irreversible deal. If they signed everything and it's all there and binding... or it isn't... that's something you need to know. Second is to consult your conscience. It's easy to see a car dealership as a big outfit that operates on loose money and loose scruples, and if they blow it and take a $2K hit, tough for them. Maybe that's valid, I dunno, but if I accidentally left $2K off of someone's bill, and they weren't willing to make it right when it was pointed out, I'd probably get my feelings a little hurt. I don't necessarily agree that they're playing you, their chance to do that was before the paper was signed. It's not out of the question. Maybe the thing to do is give them the car back and get all your money back. You are virtually guaranteed some headaches dealing with clearing the blip off your credit reports.
Ben H Posted August 20, 2010 Author Report Posted August 20, 2010 I suppose for me, it's the way I was approached about "their" mistake. My initial phone call with the sales manager ended very heatedly after he accused me of being dishonest. Their angle about the situation was wrong. They accused me of not catching their mistake. And demanded I come back and give them more money.... You get more flies with honey.
Bill Kibbel Posted August 20, 2010 Report Posted August 20, 2010 I suppose for me, it's the way I was approached about "their" mistake. My initial phone call with the sales manager ended very heatedly after he accused me of being dishonest. Their angle about the situation was wrong. They accused me of not catching their mistake. And demanded I come back and give them more money.... You get more flies with honey. If that's how they handled it, I would have immediately returned the car. Except I'm the type that would return it to the showroom through a window.
randynavarro Posted August 20, 2010 Report Posted August 20, 2010 Cool. I just bought a new car too. 5 year, no interest loan. Thousands under list. It's a great time to buy a car. Whadya get?
kurt Posted August 20, 2010 Report Posted August 20, 2010 Xterra S. It's the best USV (Urban Assault Vehicle), imho. Relatively inexpensive for a ladder frame truck, no frills, reasonably heavy duty, and an amazingly short turning radius. The old one had 126k on it, and it was a mush pile. Even though I hate buying cars, it really is nice driving a new car.
Scottpat Posted August 20, 2010 Report Posted August 20, 2010 I would call the Honda regional customer service rep. They have them and I'm betting they will not be happy to know that this is going on and see what they say. I think I would write a letter to the dealership and tell them that you paid the amount that was agreed upon; you have the keys; the title paperwork; and the loan paperwork. Then tell them that you would be more than happy to bring the car back to them, but it will cost you a days work and that your normal fee for a days work is $2,000. So if they do not want the used car back on their lot they need to forget about the $2,000 and use this experience as an educational tool.
mgbinspect Posted August 20, 2010 Report Posted August 20, 2010 And don't forget, if you have it there, the three day recision law. Here, even if you sign paperwork on a car, I believe you have three days to cool down and decide "No deal"
Bain Posted August 20, 2010 Report Posted August 20, 2010 I would follow Scott's advice, except the part about 2K per day. The car will need servicing, hopefully-not-but-maybe warranty repairs, and other reasons you may need to return it to the dealership. I would ask to speak with the regional sales rep, and tell him you can't afford the extra 2K and ask what he thinks is fair. With these kinds of disputes, it's typically better to appeal to someone up the food chain who's more interested in reputation and customer satisfaction. I can almost guarantee you the rep will tell you to forget about the extra 2K. The local guys are more apt to pile on and let emotions and egos become involved.
mgbinspect Posted August 20, 2010 Report Posted August 20, 2010 I suppose for me, it's the way I was approached about "their" mistake. My initial phone call with the sales manager ended very heatedly after he accused me of being dishonest. Their angle about the situation was wrong. They accused me of not catching their mistake. And demanded I come back and give them more money.... You get more flies with honey. If that's how they handled it, I would have immediately returned the car. Except I'm the type that would return it to the showroom through a window. I kinda like Bill's approach. Things have been so quiet around here lately. A little excitement would go a long way. Plus, there might be some work for one of us afterwards - maybe a post repair inspection. [:-thumbu] Ben, get with Bill... [:-hspin]
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