Harry P. Posted October 4, 2012 Share Posted October 4, 2012 http://ourtaxdollarsatwork.wordpress.com/2012/09/28/chesapeake-virginia-police-arrest-man-for-stealing-suv-hed-just-purchased-with-no-evidence-of-theft-priority-chevrolet-tried-to-get-out-of-legal-and-binding-sales-contract-by-lying-and-saying-he/ Quote Link to comment Share on other sites More sharing options...
blubaja Posted October 4, 2012 Share Posted October 4, 2012 Yea...lame. I doubt he'll see close to the $2.2 mil he wants..But the dealership really effed up on that one. As long as the customer has the final bill of sale, then the dealership has nothing to go on. Quote Link to comment Share on other sites More sharing options...
Harry P. Posted October 4, 2012 Author Share Posted October 4, 2012 Exactly. He paid the amount listed on the bill of sale. What person in their right mind would then voluntarily go back and pay the dealer more, just because the dealer messed up the numbers? And then the dealership has the nerve to call the cops and have the guy arrested for stealing the car?!!! I agree, suing for $2 million is way out of line, but he should get something from the dealership. If it was me I'd settle for a lifetime, bumper-to-bumper, no exceptions, no exclusions warranty on the car. That seems like fair reimbursement. Quote Link to comment Share on other sites More sharing options...
Guest Johnny Posted October 4, 2012 Share Posted October 4, 2012 Sure she wasn't conning the dealer. It has been done just like that before. Sort of a gimmick like the short change artist does. They should not have called police but turned it over to the legal department and let them handle it. They would have gotten the money in the end. Or the vehicle back. Quote Link to comment Share on other sites More sharing options...
Harry P. Posted October 4, 2012 Author Share Posted October 4, 2012 There was no money for the dealer to "get back." The guy paid the amount listed on the bill of sale. The dealership charged him too little. The dealership screwed up, the buyer wasn't conning them. He paid the amount that was listed on the contract, then after the sale, the dealer wanted him to come back and pay more than they had sold it for, because they realized that they had messed up the numbers. Not the buyer's fault. And no justification for the dealer then claiming the guy stole the car and having him arrested. Quote Link to comment Share on other sites More sharing options...
Guest Johnny Posted October 4, 2012 Share Posted October 4, 2012 There was no money for the dealer to "get back." The guy paid the amount listed on the bill of sale. The dealership charged him too little. The dealership screwed up, the buyer wasn't conning them. He paid the amount that was listed on the contract, then after the sale, the dealer wanted him to come back and pay more than they had sold it for, because they realized that they had messed up the numbers. Not the buyer's fault. And no justification for the dealer then claiming the guy stole the car and having him arrested. Sorry Harry but they could take it to court and would have gotten the difference from the buyer or the vehicle back. Just had a deal like that here at the Kia dealership. The buyer took it all the way to court and the Judge ruled against him! Quote Link to comment Share on other sites More sharing options...
charlie8575 Posted October 4, 2012 Share Posted October 4, 2012 Oops. Sorry...written binding contract trumps oral. And after this cluster, if I was the manager, I'd give him the car free and clear and offer him full lifetime maintenance for the car for life of car or owner, whichever comes first. Costs less than bad publicity and lawyers in the long run. And if this guy is anything like me....except for perhaps a toy, this will be the last car I ever have to purchase- it will be grossly over-maintained and driven until the welds holding it together let go. Charlie Larkin Quote Link to comment Share on other sites More sharing options...
Jordan White Posted October 4, 2012 Share Posted October 4, 2012 Initially, it's the salesperson's fault who didn't pay attention to the price of the vehicle (even if the guy was trying to pull a scam, wouldn't the salesperson know that generally most of the vehicles on the lot have different prices?) If they would have noticed and said something, either the guy would have backed out (scam) or would probably have paid the difference (not scam). Secondly, whoever phoned the police that it was stolen should have been arrested for filing a false report. Also, sure the $2+ million seems excessive, but remember that the jury (and judge) have the final say in the amount actually awarded to any party. They could award more, or find that the number is excessive and award less. Quote Link to comment Share on other sites More sharing options...
charlie8575 Posted October 4, 2012 Share Posted October 4, 2012 Sorry Harry but they could take it to court and would have gotten the difference from the buyer or the vehicle back. Just had a deal like that here at the Kia dealership. The buyer took it all the way to court and the Judge ruled against him! Remember, fifty states, fifty (at least) different laws and legal customs. There is a doctrine...can't think of what it's called right off the top of my head at the moment, that says that if a contract or price is not reasonable, a more correct price can be enforced, but it's rarely used and you have to have a major botch-up to use it. And example would be printing the price of a house at $1,000 instead of $100,000. Where $5600 is a substantial (relative to cost) error, I think the mitigating circumstances (false arrest, dealer incompetence) would probably weight that out in the eyes of most judges and juries. Charlie Larkin Quote Link to comment Share on other sites More sharing options...
martinfan5 Posted October 5, 2012 Share Posted October 5, 2012 I thought a sign contract was a signed contract, I hope the the buyer comes out on top of this one. Quote Link to comment Share on other sites More sharing options...
1930fordpickup Posted October 5, 2012 Share Posted October 5, 2012 The big deal is the customer that paid for the car and then was arrested is a registered nurse . Try to change jobs as a nurse with a felony arrest on your record. Quote Link to comment Share on other sites More sharing options...
martinfan5 Posted October 5, 2012 Share Posted October 5, 2012 The big deal is the customer that paid for the car and then was arrested is a registered nurse . Try to change jobs as a nurse with a felony arrest on your record. That is a very good point, if it was a felony arrest , there are different charges when it comes to auto theft, there is theft of means, grand theft auto, and a lot more, I am not sure if all of them carry a felony charge. His lawyer needs to make sure that the arrest is erased from his record. Quote Link to comment Share on other sites More sharing options...
charlie8575 Posted October 5, 2012 Share Posted October 5, 2012 That is a very good point, if it was a felony arrest , there are different charges when it comes to auto theft, there is theft of means, grand theft auto, and a lot more, I am not sure if all of them carry a felony charge. His lawyer needs to make sure that the arrest is erased from his record. Expunging records is best, but the CORI should reflect "charges withdrawn" or something to that affect, if it shows up at all. Charlie Larkin Quote Link to comment Share on other sites More sharing options...
martinfan5 Posted October 5, 2012 Share Posted October 5, 2012 Expunging records is best, but the CORI should reflect "charges withdrawn" or something to that affect, if it shows up at all. Charlie Larkin Thats what I was thinking as well, but you never know Quote Link to comment Share on other sites More sharing options...
my80malibu Posted October 5, 2012 Share Posted October 5, 2012 Sorry Harry but they could take it to court and would have gotten the difference from the buyer or the vehicle back. Just had a deal like that here at the Kia dealership. The buyer took it all the way to court and the Judge ruled against him! Did this story have a buyer falsely accused of stealing a car.This other car buyer may have lost in court .But it is quite obvious that the Dealer Really Screwed up buy Accusing him of stealing the vehicle,lying about accusing him of stealing the vehicle,and then having him arrested for stealing the vehicle.If that buyer was able to have a jury listen to what happened to him, I am sure the Dealer would pay the 2.2 mil. They know that Because They Screwed Up Quote Link to comment Share on other sites More sharing options...
route66modeler Posted October 5, 2012 Share Posted October 5, 2012 You don't have the buyer arrested, you repo the car. This dealer is being sued and the police dept maybe next. Don't see any probable cause for the arrest. the purchase of a vehicle is a civil legal matter. Unless the guy bought it with counterfit money. Quote Link to comment Share on other sites More sharing options...
fumi Posted October 5, 2012 Share Posted October 5, 2012 I thought a sign contract was a signed contract, I hope the the buyer comes out on top of this one. Mistakes can void a contract. Since the buyer had already acknowledged the higher price before he signed the actual contract, the contract might be voidable. Quote Link to comment Share on other sites More sharing options...
torinobradley Posted October 5, 2012 Share Posted October 5, 2012 The dealer is showing it's true colors in this matter, I think. A few years ago I went truck shopping and found a mis-priced truck, quite by accident. The price on the truck was $14,700 and the actual retail was closer to $22,000. The dealer honored the price on the truck and even acknowledged someone had mis-priced the truck. They took a 7k loss on that truck. Maybe the dealer is just money-hungry and not willing to accept their mistakes. His mom said he has to get his stuff back as it wasn't a good trade... Quote Link to comment Share on other sites More sharing options...
route66modeler Posted October 5, 2012 Share Posted October 5, 2012 but, errors in a contract are handled in civil court, not in criminal setting. the buyer just hit the jackpot. Quote Link to comment Share on other sites More sharing options...
Lownslow Posted October 5, 2012 Share Posted October 5, 2012 Yea...lame. I doubt he'll see close to the $2.2 mil he wants..But the dealership really effed up on that one. As long as the customer has the final bill of sale, then the dealership has nothing to go on. not from the dealer but probably from the police department. Quote Link to comment Share on other sites More sharing options...
Aaronw Posted October 5, 2012 Share Posted October 5, 2012 Sounds to me like one of the salesmen, tried to cover up his screwup by calling the cops. I'm guessing that saleman will be joining the unemployed soon. The appropriate response would have been to have their lawyer contact the buyer about the mistake and try to work out a resonable adjustment. Even if the buyer were unwilling to budge, this is a case of a $5000 descrepancy on a $40,000 car which seems well within the dealers negotiation range and hardly worth all this trouble to the dealership, so they didn't make any money on this one, maybe even lost a bit but pretty minor. To the salesman however I'm guessing this was a wash, no profit no commision which explains the hardball tactics and false report. Quote Link to comment Share on other sites More sharing options...
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