Username or Email Address
Do you already have an account?
Forgot your password?
  • Log in or Sign up

    VWVortex


    The Car Lounge
    Page 1 of 2 12 LastLast
    Results 1 to 35 of 80

    Thread: Dealership Apologizes for Having customer arrested

    Hybrid View

    1. Member pcm84's Avatar
      Join Date
      Nov 14th, 2004
      Location
      Tidwater, VA
      Posts
      445
      09-28-2012 07:27 AM #1
      Contract Law 101: Dealership apologizes for having customer arrested


      Chesapeake Virginia, May 7 2012,

      Man buys blue Chevrolet Traverse at Priority Chevrolet, takes
      it back and trades it for the same car, a black Traverse with more equipment. The dealership
      fails to pick up on the price difference. The contract is finalized and signed, reflecting the
      lower price of the original blue car
      .

      Next.. the dealership then realizes its mistake and has the customer arrested for theft.

      Police realize there is no case and drop the charges. Customer sues. Dealership apologizes.

      More to follow.


      According to the lawsuits, Sawyer test-drove a blue Chevrolet Traverse on May 7 but ultimately decided to buy a black one. He traded in his 2008 Saturn Vue, signed a promissory note and left in his new SUV.

      The next morning, Sawyer returned and asked to exchange the black Traverse for the blue one.

      The lawsuit claims Wib Davenport, a sales manager, agreed to the trade without discussing how much more the blue Traverse would cost. (Dealership vice president, Stacy) Cummings disputed that, saying Davenport told Sawyer it would cost about $5,500 more than the black one and that Sawyer orally agreed to the higher price.

      Regardless, the final contract Sawyer signed did not reflect the higher price, which Cummings said should have been in the area of $39,000. He blamed a clerical error.

      "We definitely made a mistake there. There is no doubt about it," said (Dealership owner, Dennis) Ellmer.

      After signing the contract - which listed a sale price of about $34,000 - Sawyer immediately left the dealership and returned with a cashier's check covering what he owed after dealer incentives and his trade-in.

      A week later, Sawyer came back from a vacation to find numerous voicemails and a letter from the dealership, the suit said. In a phone conversation, Davenport explained they had made a mistake on the contract and sold the car for too little. He asked Sawyer to return to the dealership and sign a new contract.

      The lawsuit claims Sawyer refused. Cummings said Sawyer initially agreed but never followed through.

      When Sawyer did not return to the dealership, Priority staff continued their attempts to contact him via phone, text message and hand-delivered letters. They eventually contacted police.

      On June 15, three Chesapeake police officers arrested Sawyer in his front yard and took him before a magistrate judge. He was released on bond after about four hours at the Chesapeake jail, the suit said.

      Commonwealth's Attorney Nancy Parr said her office dropped all charges Aug. 23 after speaking with representatives of the dealership and determining there was insufficient evidence to pursue the case.

      In an interview Tuesday, Ellmer and Cummings said their staff never reported the SUV stolen and never asked for Sawyer to be arrested. They said they called police only for help locating the SUV while they pursued the civil action.

      After speaking with police Wednesday, however, Ellmer said he'd learned one of his managers, Brad Anderson, had indeed said the SUV was stolen.

      Kelly O'Sullivan, a spokeswoman for the Chesapeake Police Department, said the officer told Anderson in advance he was going to secure a warrant for Sawyer's arrest.
      Last edited by pcm84; 09-28-2012 at 08:38 AM.

    2. 09-28-2012 07:39 AM #2
      That's hilarious, you go in and ask for new a new contract, they tell you to go **** yourself, they **** up on your behalf and they say you stole their vehicle, priceless...

      I have no idea why people hate buying cars, or dealing with sales people.
      Last edited by Vanilla_Coke; 09-28-2012 at 07:48 AM.
      Quote Originally Posted by Subwoofers View Post
      You must be a professional troll in real life.
      Quote Originally Posted by Crob View Post
      I'm more amused by the scientific formulas people bring up to justify why a BRZ lost to a Megane. Like really? All that college education you paid for and a BRZ is that important to you to go into some asinine explanation about how it's still a good track car?

    3. Member stascom's Avatar
      Join Date
      Sep 12th, 2009
      Location
      So. Oregon
      Posts
      5,436
      Vehicles
      a Nissan
      09-28-2012 07:43 AM #3
      I hope they get sued out of business. I hate thieves, hasslers, and lairs.

    4. 09-28-2012 07:42 AM #4
      My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.

    5. Member
      Join Date
      Aug 25th, 2005
      Location
      Praha
      Posts
      4,377
      Vehicles
      2004 RX-8
      09-28-2012 08:18 AM #5
      Quote Originally Posted by Zanardi. View Post
      it is the right thing to do morally
      salesmen now operate under some moral code??? the bottom line is the only code they obey
      Quote Originally Posted by SuperGroove View Post
      "...you see an RX-8 has a rotary engine! Do you know what a rotary engine is? Well, the reason why I'm filling oil into my engine is...hello? where'd you go? It's injected into the combustion chamber and it LUBRICATES THE SEALS! IT LUBRICATES THE SEAAAAAAAAAAAAAAAAAAAAAAAALS"

    6. 09-28-2012 09:35 AM #6
      Quote Originally Posted by unleashedd View Post
      salesmen now operate under some moral code??? the bottom line is the only code they obey
      I speaking more about my conscience personally. I would prefer not to profit due to a typo; everyone makes mistakes.

    7. Member dopaz's Avatar
      Join Date
      Jun 17th, 2002
      Location
      Mechanicsburg, PA
      Posts
      964
      Vehicles
      [Current:] 99 Civic [Past:] 84 Rabbit, 85 Quantum, 87 Jetta, 97 Jetta, 96 Passat
      09-28-2012 09:41 AM #7
      In an interview Tuesday, Ellmer and Cummings said their staff never reported the SUV stolen and never asked for Sawyer to be arrested. They said they called police only for help locating the SUV while they pursued the civil action.

      After speaking with police Wednesday, however, Ellmer said he'd learned one of his managers, Brad Anderson, had indeed said the SUV was stolen.
      Is 'Making False Statements to Police' a crime in Virginia?

      Dealerships love to play the numbers game, it is fitting that the ineptitude of several employees (if they had actually been checking the contract before getting the customer to sign someone would have caught the mistake) cost them thousands.

    8. Member taymk2's Avatar
      Join Date
      Oct 22nd, 2001
      Location
      Middleburg Va
      Posts
      6,069
      Vehicles
      95 cabrio 08 jetta 08 yukon xl 13 explorer xlt
      09-28-2012 09:42 AM #8
      omly in va ....smh

    9. 09-28-2012 03:09 PM #9
      Quote Originally Posted by Zanardi. View Post
      I speaking more about my conscience personally. I would prefer not to profit due to a typo; everyone makes mistakes.
      well, i guess you're a better person....to each their owni

      if its legal to upsell, its also legal to down sell

    10. Member
      Join Date
      Jan 14th, 2003
      Location
      Houston, TX
      Posts
      1,920
      Vehicles
      2012 Porsche Carrera 991/2011 MINI S
      09-28-2012 03:25 PM #10
      Although the police were never involved, I did have a similar dispute years ago with a Ford dealership that resulted in my bringing the new car back to them.

      I go in late on a Saturday afternoon circa 1996 wanting to trade my year old Ford pickup (stupid mistake on my part) for a new Mustang GT. They tell me they can accurately estimate the payoff of my current vehicle based on the payment and time elapsed so they put that figure into the paperwork. We come to an agreement on sales price, trade-in value, fees, etc and I go to the finance guy. They offer what I know is too high of a rate so I say I want to go to my own bank on Monday.
      Dealer tells me to take the Mustang home even though I kind of didn't want too until everything was squared away but did anyway. Monday I contact the bank, loan is arranged and dealer will be funded on Tuesday. Get a call from dealer Tuesday telling me all's well so come in and pick up my copies of all paperwork.
      On Thursday, FIVE days after we wrote up the deal, and two days after it was funded, I get a call from the sales manager saying the payoff for my car was $175 more than they had estimated and they wanted me to bring in a check for that amount. I told him no, he continued to argue, so I told him I'd bring the car back. Got back to the dealer, saw him over in the corner office scowling, and my saleswoman took me out to the back lot in a golf cart to retrieve my truck. Some cars were going to have to be moved, so she left me there while she went back to get some porters and keys to help her. A few minutes later she came back and told me if I still wanted the Mustang, the manager had relented. End of story.
      This was totally their mistake and their policies. They should have never sent me home in a new car unless they were 100% sure of everything. They also could have verified the payoff first thing Monday morning and brought it up then and changed the deal. Instead, they sat on for FIVE days and then wanted to quibble over $175 on a $20K+ car, stupid. I in no way felt morally obligated to pay that extra amount.
      Houston, TX
      2012 Porsche Carrera 991

    11. Member mikegilbert's Avatar
      Join Date
      Nov 29th, 2006
      Location
      Los Angeles
      Posts
      15,464
      Vehicles
      8 Rings / TDI
      09-28-2012 08:49 AM #11
      Quote Originally Posted by Zanardi. View Post
      My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.
      I'm curious about this as well. I'd push the police to file charges against the dealership for filing a false police report.
      PM Travy℠ |flickr | mikegilbertphotography.com | Everything you need to know | » | Scratch-It™ | Vimeo
      Quote Originally Posted by Double-V View Post
      China's main industries are spitting, noisy soup eating, and blatant copyright infringement.

    12. Member MatchStick's Avatar
      Join Date
      Nov 16th, 2000
      Location
      CT
      Posts
      6,408
      Vehicles
      2013 WRX 2012 Mazda5
      09-28-2012 09:24 AM #12
      even if they "apologized" I'd proceed with my lawsuit against them. ruthlessly.

    13. Member FACTORYBOOST's Avatar
      Join Date
      Sep 12th, 2011
      Location
      The Fort
      Posts
      1,567
      Vehicles
      03 Jetta GLS 1.8T
      09-28-2012 09:45 AM #13
      Quote Originally Posted by MatchStick View Post
      even if they "apologized" I'd proceed with my lawsuit against them. ruthlessly.
      Agreed, they had you arrested in your own front yard in front of your neighbors and family. They can apologize all they want, but it still doesn't change the fact that you were arrested and held for 4 hours.
      Quote Originally Posted by emmettlodge View Post
      I said dance bitch. Dance.

    14. Member
      Join Date
      Feb 4th, 2011
      Location
      Pee Dee Ecks
      Posts
      933
      09-28-2012 10:22 AM #14
      Isn't making a false police report a crime? The dealer lackey who called the police ought to be arrested and charged. Let him rot in a cell.

    15. Member troze1200's Avatar
      Join Date
      Oct 12th, 2000
      Location
      Republic of Dallas
      Posts
      7,261
      Vehicles
      turbo Miata track toy, stock Miata daily
      10-03-2012 02:30 PM #15
      Quote Originally Posted by FACTORYBOOST View Post
      Agreed, they had you arrested in your own front yard in front of your neighbors and family. They can apologize all they want, but it still doesn't change the fact that you were arrested and held for 4 hours.
      Let's not forget this owner also most likely lost his job and will pay processing and court fees.

    16. Geriatric Member BRealistic's Avatar
      Join Date
      Dec 16th, 2005
      Location
      Tennessee
      Posts
      64,731
      Vehicles
      88 F150, 04 RX8
      09-28-2012 10:24 AM #16
      Quote Originally Posted by Zanardi. View Post
      My question is, on what evidence and grounds did the police have to arrest this individual? Personally, I would work through this with the dealership just because it is the right thing to do morally, despite the fact he's probably not legally obligated. I would be less inclined to help though after they dealership got the police involved.
      As was shown by the robo-foreclosures,.the police assume a business has already done due diligence before calling the police for assistance, so if the accused claims.false arrest they just assume they are lying (because most criminals initially claim innocence). But obviously that is not the case anymore.

      And somebody mentioned filing a false police report.
      I doubt the buyer.cares about criminal charges against the probably now fired salesman.
      Civil court ahead full speed!
      |˙˙ʇǝuɹǝʇuı ǝɥʇ uo ʇxǝʇ uʍop ǝpısdn ɯopuɐɹ pɐǝɹ noʎ :ǝɯıʇ ǝǝɹɟ ɥɔnɯ ooʇ ʎɐʍ ǝʌɐɥ noʎ ןןǝʇ oʇ ʍoɥ˙˙˙|http://hotlinktest.com/

    17. Geriatric Member ATL_Av8r's Avatar
      Join Date
      Oct 17th, 2002
      Location
      Gapiana
      Posts
      41,118
      09-28-2012 10:29 AM #17
      Lock him up for frivolous lawsuits. And make the dealer sell Mitsubishis for their transgressions.
      MemeGate 2012 - First Responder, post #2

      Quote Originally Posted by .skully.
      Mike, quote me in your signature

    18. Member
      Join Date
      Feb 4th, 2011
      Location
      Pee Dee Ecks
      Posts
      933
      09-28-2012 10:30 AM #18
      Quote Originally Posted by BRealistic View Post
      And somebody mentioned filing a false police report.
      I doubt the buyer.cares about criminal charges against the probably now fired salesman.
      Civil court ahead full speed!
      I wouldn't care either if I had my sights set on $2M. But the DA should be proactive in charging the assclowns who thought it was okay to use the police as a shake-down.

      Quote Originally Posted by ATL_Av8r View Post
      Lock him up for frivolous lawsuits. And make the dealer sell Mitsubishis for their transgressions.
      Quote Originally Posted by ATL_Av8r View Post
      sell Mitsubishis
      That's a thing?

    19. Member BluMagic's Avatar
      Join Date
      Apr 9th, 2008
      Location
      snohomish, WA
      Posts
      5,090
      Vehicles
      2011 CT200h
      09-28-2012 10:47 AM #19
      40k for a chevy traverse is theft
      Quote Originally Posted by winstonsmith84 View Post
      He did this at 22 old. He is world strongest man. President Obama ordered him to stop but truth must come out. Buy silver in middle of week.

    20. Member
      Join Date
      Aug 2nd, 2010
      Location
      Athens, Ohio
      Posts
      1,969
      Vehicles
      99 Jetta TDI, 00 Golf 2.0, 81 Rabbit pickup vr6, 02 TDI jetta
      09-28-2012 10:53 AM #20
      Quote Originally Posted by BluMagic View Post
      40k for a chevy traverse is theft
      Athens Euroworks, http://www.athenseuroworks.com/
      Owner, mechanic, diagnostician, parts specialist, receptionist, custodian, you get the point

    21. Member MCTB's Avatar
      Join Date
      Dec 30th, 2005
      Location
      The Northern of Virginia
      Posts
      9,058
      Vehicles
      '12 Focus SE, '72 MGB GT, '58 MGA, '15 Outback Limited
      10-03-2012 09:23 AM #21
      Quote Originally Posted by BluMagic View Post
      40k for a chevy traverse is theft
      I dont know about that. Chevys are getting pretty nice.




      I had to call the cops one time. I went in to a Jeep dealer to look at Wranglers. I was trading in my Audi. It was only going to take "30 mins" to appraise. I went on a drive and came back and after 40 minutes, I began asking for my key. They said they wouldnt give them to me until "we" could make a deal. A deal was not going to happen so I kept asking. After just shy of an hour, I asked one more time nicely. They said they could not find them. I told them I was going to call the police and the salesman balked. I reached across in front of him, picked up his phone and dialed 911. By the time I punched the last 1, the salesman was out of the office and running to the manager who "found" my key in his pocket. I told them where they could stick it, took the key and walked out. As I walked out, a cruiser showed up to the place responding to the call. That dealer doesnt exist anymore.

    22. Geriatric Member BRealistic's Avatar
      Join Date
      Dec 16th, 2005
      Location
      Tennessee
      Posts
      64,731
      Vehicles
      88 F150, 04 RX8
      09-28-2012 10:59 AM #22
      Quote Originally Posted by kimilein View Post
      I wouldn't care either if I had my sights set on $2M. But the DA should be proactive in charging the assclowns who thought it was okay to use the police as a shake-down.
      If they had a recurring problem with businesses filing false police reports,.then I could see
      DA thinking it was worth the court time to charge them.
      But for one case? IDK. And then you have to prove the salesman knowingly filed a false police report.
      The defense lawyer could easily cast a reasonable doubt to the charge of intentionally filing a false report with so many people involved.
      |˙˙ʇǝuɹǝʇuı ǝɥʇ uo ʇxǝʇ uʍop ǝpısdn ɯopuɐɹ pɐǝɹ noʎ :ǝɯıʇ ǝǝɹɟ ɥɔnɯ ooʇ ʎɐʍ ǝʌɐɥ noʎ ןןǝʇ oʇ ʍoɥ˙˙˙|http://hotlinktest.com/

    23. Member freedomgli's Avatar
      Join Date
      Mar 26th, 2002
      Location
      USA
      Posts
      8,944
      09-28-2012 11:07 AM #23
      Way to treat a customer....

      A fat cash settlement would be the only thing that could erase my memory of this apparent injustice if I was in the customer's shoes.

    24. Member MRVW00's Avatar
      Join Date
      Oct 30th, 2000
      Location
      Everywhere you want to be.
      Posts
      9,635
      Vehicles
      B5 2.8Q, Buell XB9S
      09-28-2012 11:13 AM #24
      In 2002 or so, I was working at a VW dealer where the new sales manager sold a Passat GLX 4Motion for $18K....in reality, the customer had a legal contract and could've told the sales manager to GTFO.
      Tucker Max of the Gays and Demokratikally Elekted Minister of Slutty Gay Whoring and Muppet Sex of the People's Independent Republik of Offtopikstan
      RIP Cosmic TDI
      Quote Originally Posted by HideYoKids View Post
      Dann is More sassy than any man with facial hair should be. It's entertaining.

    25. Member
      Join Date
      Feb 4th, 2011
      Location
      Pee Dee Ecks
      Posts
      933
      09-28-2012 11:16 AM #25
      Quote Originally Posted by MRVW00 View Post
      In 2002 or so, I was working at a VW dealer where the new sales manager sold a Passat GLX 4Motion for $18K....in reality, the customer had a legal contract and could've told the sales manager to GTFO.
      Dealerships: contracts are binding if we like them. They're rubbish if we don't.

    26. Member GTE77's Avatar
      Join Date
      Sep 2nd, 2009
      Location
      Florida / Rio de Janeiro
      Posts
      4,074
      Vehicles
      Puma GTE / Audi A3 8L
      09-28-2012 11:24 AM #26
      Quote Originally Posted by MRVW00 View Post
      In 2002 or so, I was working at a VW dealer where the new sales manager sold a Passat GLX 4Motion for $18K....in reality, the customer had a legal contract and could've told the sales manager to GTFO.
      Wut..

    27. Member GeoffD's Avatar
      Join Date
      Aug 13th, 2001
      Location
      Killington, Vt & South Dartmouth, Ma
      Posts
      12,389
      Vehicles
      07 Fahrenheit GTI, 03 Mountaineer
      09-28-2012 03:51 PM #27
      Quote Originally Posted by Zanardi. View Post
      My question is, on what evidence and grounds did the police have to arrest this individual?
      The dealership told the police he stole their car. That's all the evidence the police would need. You can question why they didn't back off if the guy showed them the bill of sale but they were probably frothing at the mouth thinking they had a "Grand Theft - Auto" bust. Local cops ain't mensa candidates.

    28. Member Cousin Eddie's Avatar
      Join Date
      Dec 17th, 2005
      Location
      Ontario, Canada
      Posts
      15,551
      Vehicles
      That there's an RV, Clark
      10-03-2012 10:53 AM #28
      Quote Originally Posted by Zanardi. View Post
      Personally, I would work through this with the dealership just because it is the right thing to do morally
      Yeah, you go try that going the other way when working with a dealership as a customer.

      "Oh your brakes rotted away and flaked off 1,000kms out of the 33,000km warranty on them? That's too bad, pay $1200 please. It's in the contract"

      My dad actually had that happen on a GMC Sierra after buying multiple vehicles with that dealer. Needless to say he didn't buy from them anymore and eventually stopped buying GM all together after years of being a loyal customer cause they were junk and he was sick of dealing with issues.

      This looks good on them, I support the gentleman 100%.

    29. Member Zstampe's Avatar
      Join Date
      Apr 24th, 2011
      Location
      Kansas, just Kansas
      Posts
      616
      Vehicles
      Past: 98 Cherokee Classic, 04 Wrangler, 05 Z71 Silverado, 06 4Runner
      09-28-2012 11:34 AM #29
      Quote Originally Posted by FACTORYBOOST View Post
      Agreed, they had you arrested in your own front yard in front of your neighbors and family. They can apologize all they want, but it still doesn't change the fact that you were arrested and held for 4 hours.
      "Swat came into my house, disrespected my family"

      Quote Originally Posted by Crob View Post
      No, but hypothetically I pissed in your mom.
      Quote Originally Posted by ToucheTurtle View Post
      One time my girlfriend said she didn't like the Acura NSX so i broke up with her....just kidding shes ****ing dead.

    30. Member NOLA_VDubber's Avatar
      Join Date
      May 23rd, 2007
      Location
      New Orleans
      Posts
      5,231
      Vehicles
      98 M3
      09-28-2012 11:55 AM #30
      Quote Originally Posted by Zstampe View Post
      "Swat came into my house, disrespected my family"

    31. Geriatric Member Aonarch's Avatar
      Join Date
      Dec 4th, 2006
      Location
      US 129/ GA SR 60
      Posts
      35,172
      Vehicles
      The Standard of the World | Das Auto | Feed Your Restless
      09-28-2012 01:00 PM #31
      Quote Originally Posted by NOLA_VDubber View Post
      Semper Fi | USMC '06-'14 | 0311 | 0331| 0933
      Aonarch's Blog!
      Quote Originally Posted by Mark Twain
      Never argue with stupid people, they will drag you down to their level and beat you with experience.

    32. Member chuckster1's Avatar
      Join Date
      Mar 7th, 2001
      Location
      Central OH, USA
      Posts
      845
      Vehicles
      '09 Jetta Wolfsburg, 2.0T TSI, DSG, Salsa Red
      09-28-2012 01:13 PM #32
      So the dealership lost $5000, and now to make matters worse, they have a huge negative publicity problem, with the potential to lose a lot more money if the guy decides to sue. One bad mistake after another.


    33. Banned Hurt's Avatar
      Join Date
      May 3rd, 2011
      Location
      Boston, MA
      Posts
      3,846
      Vehicles
      1998 Jetta GT, 1998 GTI 2.0, 2012 GLI, 2012 GTI
      09-28-2012 01:15 PM #33


      Hilariously stupid. I guess this was one big miscommunication.

    34. 09-28-2012 11:56 AM #34
      Quote Originally Posted by Zstampe View Post
      "Swat came into my house, disrespected my family"

      LMAO!!!

    35. Member FACTORYBOOST's Avatar
      Join Date
      Sep 12th, 2011
      Location
      The Fort
      Posts
      1,567
      Vehicles
      03 Jetta GLS 1.8T
      09-28-2012 12:42 PM #35
      Quote Originally Posted by Zstampe View Post
      "Swat came into my house, disrespected my family"

      I never narc'd on nobody! I never narc'd on nobody!
      Quote Originally Posted by emmettlodge View Post
      I said dance bitch. Dance.

    Page 1 of 2 12 LastLast

    Posting Permissions

    • You may not post new threads
    • You may not post replies
    • You may not post attachments
    • You may not edit your posts
    •