No more $500 over invoice!
1/31/05, 05:48 PM
#1
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I ordered my 'stang back in October. Black GT, IUP, upgraded rims, alarm system etc etc. Back then, I was verbally told $500 over invoice. Yes, I know I didn't get anything in writing...my fault. But up until today...the price still stood at $500 over invoice.
Finally after the IUP ordeal, my car came in this morning. Bad news...they don't want to honor the $500 over anymore. Aparently the manager who okay'd the deal isn't there anymore and now the dealer owner says they can't sell a GT for that cheap. They're a small dealer and are having trouble getting the V6's off the lot....someone backed out on a previous Red on Red GT and that won't sell either. Not my fault!!
So...anyone have any last minute advice before I go to do the dirty work tonight? They want $1200 more than what I was "told". I know it's not terribly bad...but that would've been my Cat Back!!
Help?
Finally after the IUP ordeal, my car came in this morning. Bad news...they don't want to honor the $500 over anymore. Aparently the manager who okay'd the deal isn't there anymore and now the dealer owner says they can't sell a GT for that cheap. They're a small dealer and are having trouble getting the V6's off the lot....someone backed out on a previous Red on Red GT and that won't sell either. Not my fault!!
So...anyone have any last minute advice before I go to do the dirty work tonight? They want $1200 more than what I was "told". I know it's not terribly bad...but that would've been my Cat Back!!
Help?
1/31/05, 06:03 PM
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Originally posted by OSUstangfan@January 31, 2005, 7:56 PM
WALK!!! what they did is not illegal but it isnt right either!!!
WALK!!! what they did is not illegal but it isnt right either!!!
Tell them if they do the right thing - keeping their word - you'll be the best customer they've ever had and sing their praises everywhere, steer customers their way via the net and in person.
Tell them if they don't, you'll be the worst customer they've ever had and be just as verbal in telling everyone how bad the experience was.
Then be prepared to do either based on what they do. They can decide whether your word of mouth advertising is worth it.
1/31/05, 06:10 PM
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Originally posted by DiamondBlue+January 31, 2005, 7:06 PM--><div class='quotetop'>QUOTE(DiamondBlue @ January 31, 2005, 7:06 PM)</div><div class='quotemain'><!--QuoteBegin-OSUstangfan@January 31, 2005, 7:56 PM
WALK!!! what they did is not illegal but it isnt right either!!!
WALK!!! what they did is not illegal but it isnt right either!!!
Tell them if they do the right thing - keeping their word - you'll be the best customer they've ever had and sing their praises everywhere, steer customers their way via the net and in person.
Tell them if they don't, you'll be the worst customer they've ever had and be just as verbal in telling everyone how bad the experience was.
Then be prepared to do either based on what they do. They can decide whether your word of mouth advertising is worth it.
[/b][/quote]
Believe me....my anger makes me feel like walking...but I'm not going down without a fight. No way...I've been waiting for this for too long
Thanks for the advise OSUstangfan. Either way...if things go well or not, the Forum will be the first to know.
thanks
1/31/05, 06:17 PM
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Do whatever you can to speak louldy around other customers, scope the place out and make sure they're kind of busy before you go in. You might even want to have a few friends or relatives go there and pretend to shop just before you get there. This way they know they might be losing 2 sales rather than just yours. But man, that's one shady way to do business. I would also try to reason with them. Express that the difference is 'only' $1200. Remind them calmly that they'll likely make that on the next car you buy, or you may never go there again. Just remember that you yourself can guarantee them that for their $1200 you can guarantee that your family, friends, and co-workers will likely not buy there anytime in the near future. Be a "salesman" yourself and try to get your way by showing them the money they will be losing. Good luck, there seems to be quite a few California people on this forum.
1/31/05, 06:23 PM
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Originally posted by 05GT-O.C.D.@January 31, 2005, 7:20 PM
Do whatever you can to speak louldy around other customers, scope the place out and make sure they're kind of busy before you go in. You might even want to have a few friends or relatives go there and pretend to shop just before you get there. This way they know they might be losing 2 sales rather than just yours. But man, that's one shady way to do business. I would also try to reason with them. Express that the difference is 'only' $1200. Remind them calmly that they'll likely make that on the next car you buy, or you may never go there again. Just remember that you yourself can guarantee them that for their $1200 you can guarantee that your family, friends, and co-workers will likely not buy there anytime in the near future. Be a "salesman" yourself and try to get your way by showing them the money they will be losing. Good luck, there seems to be quite a few California people on this forum.
Do whatever you can to speak louldy around other customers, scope the place out and make sure they're kind of busy before you go in. You might even want to have a few friends or relatives go there and pretend to shop just before you get there. This way they know they might be losing 2 sales rather than just yours. But man, that's one shady way to do business. I would also try to reason with them. Express that the difference is 'only' $1200. Remind them calmly that they'll likely make that on the next car you buy, or you may never go there again. Just remember that you yourself can guarantee them that for their $1200 you can guarantee that your family, friends, and co-workers will likely not buy there anytime in the near future. Be a "salesman" yourself and try to get your way by showing them the money they will be losing. Good luck, there seems to be quite a few California people on this forum.
1/31/05, 06:31 PM
#7
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dont give up!! i went threw some bs myself but i got what i wanted. ask for the owner . forget the sales manager!! also tell them will will tell ford about this problem!!
1/31/05, 06:31 PM
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I am not a lawer, but here is what I think:
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
1/31/05, 06:42 PM
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Originally posted by AvtoLubitel@January 31, 2005, 7:34 PM
I am not a lawer, but here is what I think:
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
I am not a lawer, but here is what I think:
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
1/31/05, 06:44 PM
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Originally posted by AvtoLubitel@January 31, 2005, 8:34 PM
So they will have to prove that he didn't make such promise.
So they will have to prove that he didn't make such promise.
No, the original poster will have to prove they did.
1/31/05, 06:44 PM
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Originally posted by AvtoLubitel@January 31, 2005, 8:34 PM
I am not a lawer, but here is what I think:
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
I am not a lawer, but here is what I think:
In NJ verbal agreement is legally binding. I am assuming it is also the case in your state. The fact that the manager who approved the deal isn't there any longer, does not matter. At the time of his emplyment he represented the dealership and so the deal is legally binding. If the dealership refuses to make it good on their initial offer, do take them to to small claims court (mention that you will prior to that - they might change their position). It'll be your word against... wait a second, the other guy is not there any longer! So they will have to prove that he didn't make such promise. The only way to do that is to have the guy testify in court for them. However, since he no longer works for them, he probably won't be doing them a favor. The only thing after that is to make sure that if they keep their contract, they don't try to get back at you during negotiating for a trade-in or financing.
Edit: The term 'Oral Contract' comes to mind. (get your mind out of the gutter...)
1/31/05, 06:49 PM
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Check with the BBB and see if the dealer a member. You can file a complaint with them and I believe it has to be arbitrated unless the dealer does right by you. The fact that the manager who made the verbal with you is no longer there, is not a viable excuse and the dealership knows that. They will protect their standing with the Better Business Bureau.
1/31/05, 06:53 PM
#13
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Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
1/31/05, 06:56 PM
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Originally posted by holderca1@January 31, 2005, 7:56 PM
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
1/31/05, 07:05 PM
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[quote=holderca1,January 31, 2005, 5:56 PM]
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Verbal is legally binding in California. If the present management says they won't abide by a verbal made by a manager "who isn't here anymore", they are admitting that a verbal existed in the first place. Would hold up anywhere. It's now up to them to prove a verbal didn't exist.
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Verbal is legally binding in California. If the present management says they won't abide by a verbal made by a manager "who isn't here anymore", they are admitting that a verbal existed in the first place. Would hold up anywhere. It's now up to them to prove a verbal didn't exist.
1/31/05, 07:36 PM
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Originally posted by holderca1@January 31, 2005, 8:56 PM
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Contract Components
There are three elements that must be present for a contract to exist: an offer, an acceptance, and consideration.
Offer
The first step to creating a contract is an offer. An offer is a written or spoken statement by a party of his or her intention to be held to a commitment upon the acceptance of the offer. There are a number of factors to look at to determine whether a statement constitutes an offer.
Is the person making the offer serious? A person who jokingly states that he will sell his or her new house for $100 is not making an offer.
Does the statement show a willingness of the party to be held to its contents? A person requesting a price quote or opening negotiations is not making an offer. Advertisements usually are seen as invitations to offers.
Does the statement contain definite terms regarding the subject matter? Is the subject matter identified, are the parties identified, is the price set, are quantities determined, and is time for performance stated? There should be enough information contained in the statement that, if needed, a court would be able to enforce the contract or determine the damages.
Sorry for the legnth of the post, but there's the info. Here's the Source.
The offer has been made, he accepted it, and consideration (as little as a promise) has been given. The contract is legal, it just has to be proven.
1/31/05, 07:39 PM
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Originally posted by wild stray@January 31, 2005, 9:08 PM
Verbal is legally binding in California. If the present management says they won't abide by a verbal made by a manager "who isn't here anymore", they are admitting that a verbal existed in the first place. Would hold up anywhere.
Verbal is legally binding in California. If the present management says they won't abide by a verbal made by a manager "who isn't here anymore", they are admitting that a verbal existed in the first place. Would hold up anywhere.
That's not a statement of admission.
1/31/05, 07:40 PM
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Originally posted by 05GT-O.C.D.+January 31, 2005, 8:39 PM--><div class='quotetop'>QUOTE(05GT-O.C.D. @ January 31, 2005, 8:39 PM)</div><div class='quotemain'><!--QuoteBegin-holderca1@January 31, 2005, 8:56 PM
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Maybe I am missing something, but having a verbal agreement as legally binding is the most rediculous thing I have ever heard. Unless it's recorded you can't prove that the agreement was ever made.
Contract Components
There are three elements that must be present for a contract to exist: an offer, an acceptance, and consideration.
Offer
The first step to creating a contract is an offer. An offer is a written or spoken statement by a party of his or her intention to be held to a commitment upon the acceptance of the offer. There are a number of factors to look at to determine whether a statement constitutes an offer.
Is the person making the offer serious? A person who jokingly states that he will sell his or her new house for $100 is not making an offer.
Does the statement show a willingness of the party to be held to its contents? A person requesting a price quote or opening negotiations is not making an offer. Advertisements usually are seen as invitations to offers.
Does the statement contain definite terms regarding the subject matter? Is the subject matter identified, are the parties identified, is the price set, are quantities determined, and is time for performance stated? There should be enough information contained in the statement that, if needed, a court would be able to enforce the contract or determine the damages.
Sorry for the legnth of the post, but there's the info. Here's the Source.
The offer has been made, he accepted it, and consideration (as little as a promise) has been given. The contract is legal, it just has to be proven.
[/b][/quote]
Wow...pulling out the components of a bilateral contract. Really into this. Need a job as a paralegal?
