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Screwed by dealer

Discussion in 'Commercial Snow Removal' started by Vaughn Schultz, Mar 3, 2005.

  1. Vaughn Schultz

    Vaughn Schultz PlowSite.com Addict
    Messages: 1,565

    Some of you may know I have been looking for a dump truck for a long time!Today a bought one, or I thought I did. It was a 3500 HD Turbo Diesel http://www.plowsite.com/showthread.php?t=24087.
    Well a few minuts ago I got a message on my phone " sorry Eric, we can not sell you this truck it was sold, please come pick up your deposit." WHAT :angry: We both signed on the price,I put money down, I told them I would be to there tomorrow morning to pick up the truck. ( they wanted me to leave today with it, I had to go to the bank).? Sure sounds like someone offered them more money than me, and they took it.
    What is the point of a deposit? What Should I do? What would you do?
    Last edited: Mar 3, 2005
  2. jt5019

    jt5019 Senior Member
    Messages: 853

    If you put a deposit on it they cant sell it its YOURS.Thats the whole point of the deposit.They probably did get a higher offer and naturally want to go with them now.Im not sure what you can really do next.If you really want the truck i would try fighting it tell them you put the deposit down and filled out the proper papers the truck is yours ....and you want it. Atleast make a nice stink infront of everyone that might get the manager to change his mind.
  3. Dwan

    Dwan Senior Member
    Messages: 879

    about the only thing you can do is ask them to pay for any expences you may have had after signing the aggrement.
  4. Mebes

    Mebes Senior Member
    Messages: 386

    Hey Dwan I was wondering why your signature comes up as a hyperlink and not a gif on my computer when I read your posts?

    I know that little bouncing truck worked before when you posted.

    Grassbusters sorry for jacking your thread.

    smiley plow driver copy.gif
  5. Dwan

    Dwan Senior Member
    Messages: 879

    I have also been woundering that but havn't had time to investagate. I have been able to get it to work as an avetar on another site I use.
  6. SkykingHD

    SkykingHD Senior Member
    Messages: 368

    Evil Dealers

    Tell the dealer you want a truck like you agreed on. Then don't settle for one unless it has MORE options on it. Do you have a TV station that would love to show how this dealer is not living up to agreements? I would think this is bordering fraud. No performance on contract. Where is the contract police when you need them!

    Document your lost time and put a value on it.

    Good luck.

  7. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Before you accept your deposit back, visit with an attorney. Usually an initial consultation is free. A situation like this is pretty straight forward as far as the state law. But if you accept the return of your deposit, it will weaken your argument.
  8. davidrbean

    davidrbean Member
    Messages: 49

    Make them give you the truck. They are bound by law to go thru with the sale. the dealer made a mistake on the contract of a vehicle I bought once (wrong int. rate) they tried to get me to sign new papers,I refused and they ended up finding financing at the rate.
  9. Ken1zk

    Ken1zk Senior Member
    Messages: 193

    I smell a skunk :nono:
    I worked in a dealership selling cars back in the mid 90s and I can tell you that someone would have to really have to screw up in order to sell the same vehicle twice. There is a lot of internal paperwork, and procedures etc to prevent such a thing. I also witnessed this happening, I was not a party to it but after selling a used car a salesman had a previous shopper come in and offer something like $1200 more for the car he just sold. So this salesman and the sales manager undid the previous deal by telling the customer they found a problem with this used auto and asked her to come in and pick out something else!!!! I only sold cars for about six months and this is just one reason why :angry:
  10. Mdirrigation

    Mdirrigation Senior Member
    Messages: 408

    Hopefully you have a copy of a reciept or sales contract. If you do , go to the dept of motor vehicles and talk to the dept that licences car dealers and ask them about your situation. Also read the rules about being a dealer . Basically they entered into a contract and unilaterally broke it. You may be entitled to damages . Remember that the dealership wont like bad press .
    An attorney will be expensive . But it would be a good story for the evening news. ( Pick a station they dont advertise on car dealers spend alot of money with tv stations)
  11. doug96

    doug96 Member
    Messages: 33

    big dogs

    there is a chance (a small one) that there was a screw up , let him on to the fact that your one of the big boys in the landcaping/ plowing and you and the other folks you know and talk to in the business will go through more big trucks than a thousand custormers
    Get him to cut you a great deal on some thing else you like ,must be something, a bit more expensive u like if its a honest screw up he will really work with you ,, if someone offered him more,hes not going to work with you
  12. johntwist

    johntwist Senior Member
    Messages: 415

    I don't know who deserves to be on the death list more, the weathermen or frigging car salesmen.

    I agree with what most of the other guys said. Don't take your deposit back, keep your paperwork and tell the business manager you're ready to call the State's Attorney General, or whatever the title is in your state. Don't let them b/s you, once a deposit is made and a sales contract is signed they have to follow through with it, unless there is language in the contract that gives them a way out. Read it over thoroughly.

    If all else fails you can always go down there and stand out front with a big sign that says "Joe Blow's Chevrolet Screwed Me!!!!" or something like that. Bring your wife and kids too and have them hold signs. As a union guy I know picketing can be very effective. Before you know it the local paper will have a photographer down there (because you'll call the paper of course) and maybe even the local TV station if they are having a slow news day.

    One thing these bozos hate is bad publicity. They'll be kissing your a$$ in no time.
  13. Vaughn Schultz

    Vaughn Schultz PlowSite.com Addict
    Messages: 1,565


    I just got Back from the Dealer been there 4 hours. They screwed me, I have to call an attorney :angry:

    " there is nothing we can do, we are sorry"
  14. DJDarknez

    DJDarknez Member
    Messages: 92

    That's an enormous, heaping, stinking pile of bovine excrement.

    You put money down. You signed paperwork. It's your truck.

    Get in touch with the lawyer....FREE TRUCK!!! :p :p :D
  15. johntwist

    johntwist Senior Member
    Messages: 415

    I don't know if you've ever had to sue anyone before but I had to once and it ain't pretty.

    These rats have lawyers too and alot more dough to work on. They count on wearing you down before it gets to court because it's such an aggravation to go through the process even if you are in the right. So, be prepared to take time off work to go to court at least 2 or 3 times over the next year (if you're lucky) and pay at least I'd guess 3 grand to your lawyer, unless you get lucky and they'll do it on a contingent basis.

    If you are right and it's on paper, you'll eventually get satisfaction, but it's a long, drawn out pain in the a$$ process. You need to decide if for you it's worth all the time, money and aggravation. The dealer is counting on you not wanting to bother. Think about it and of course, take your own attorney's advice. Good luck, I hope you stick it up their a$$ to the elbow.
  16. Vaughn Schultz

    Vaughn Schultz PlowSite.com Addict
    Messages: 1,565

    It's really not worth my time. I'll just have to find a new one :(
  17. Mick

    Mick PlowSite.com Veteran
    from Maine
    Messages: 5,546

    Between this and the other thread you have going about this, I'm wondering if there was a "bait and switch" thing happening. I can understand about it not being worth your time pursuing; I did the same thing when we got cheated on our house we built. I'd suggest calling the Attorney General and any consumer group that handles car dealership problems in your state.
  18. doug96

    doug96 Member
    Messages: 33


    I know finding the right truck at the right price is VERY tough,
    going to court is baiscly out of the question, find a different truck that suits you and is a little more expensive.

    having just filled his pocket selling your first pick , payup ,
    he may be willing to lower the price more than he would have normally ,
    he should want the second sale pretty badly