My Gt came in today...but dealer screwed up order

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10/27/04, 02:21 PM

#61

CrossBoss

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Quote:

Originally posted by UGAKarl@October 27, 2004, 12:56 PM
CrossBoss,

Not a legal beagle but took a few classes... I'd say that there was no "real" loss. The dealer made good in that they ordered a new car for him and didn't sell it from underneath him or some shady story that it never showed up. A real loss would be that the dealer took his money and never ordered his car or intentionally ordered it wrong to sell it from under him. If you can prove that then you may have a case, otherwise it's more of a bargaining chip in your favor.

You make a good point - the order for the car wasn't intentionally mishandled and the dealer has already put in another order for another with the correct transmission. On the other hand, the order for the car will now have taken twice as long as normal and the novelty of having an early model is lost. If the car has options that will have supply difficulties on, then it could take longer still. I'm not sure that the customer is totally helpless in this situation. If it were me and the dealer shrugged me off, I would certainly look into the possibility of some sort of forced remedy.

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10/27/04, 02:35 PM

#62

CrossBoss

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Originally posted by ace0215@October 27, 2004, 1:05 PM
your argument doesn't make much sense. nowhere did he state that the dealer would not order the car he wanted. if fact the dealer has already re-ordered the car that he wanted. There was just an honest mistake. The car WILL still be ordered. In the "contract" it does not state how long it takes to receive an order.

I believe that the premise of the argument certainly does make sense. It does appear true that the dealer made an honest mistake, but will the dealer make it right for the customer who has suffered some sort of loss due to a mistake of dealer?

In traffic accidents, there are honest mistakes made, but that doesn't stop the lawsuits from happening. Lawsuits, in their ideal, are used to equalize consequences of loss.

While it may not state in the "contract" when a car is to be delivered, there are ways to tell if the car ordered is the car that was supposed to be ordered. For example, when I ordered my last F250, my name was written on the window sticker. I also believe that the dealer must prosecute the order in a "reasonable" amount of time. If he does not, he is also in breach of his contract.

I am taking a hard nosed attitude to the situation, but there are times that if one doesn't, he will be stuck with all of the loss.

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