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    Thread: Dealership Apologizes for Having customer arrested

    1. Member chuckster1's Avatar
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      09-28-2012 12:13 PM #36
      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.


    2. Banned Hurt's Avatar
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      09-28-2012 12:15 PM #37


      Hilariously stupid. I guess this was one big miscommunication.

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      09-28-2012 12:19 PM #38
      In having signed paperwork for my house and my car in the last couple months BOTH documents have clauses in them stating clerical errors may be corrected up to 10 days after the signing. I believe this is a NJ law. So if the price was wrong they can change it if it was an error. (They can't just up prices or change warranties etc...) They have to have proof an error was made. Such as another document you signed with the correct amount. Just a thought as to what might explain this. Don't know what the laws or contracts clauses were.

    4. Member BostonB6's Avatar
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      09-28-2012 01:07 PM #39
      Quote Originally Posted by thedevilsequal View Post
      In having signed paperwork for my house and my car in the last couple months BOTH documents have clauses in them stating clerical errors may be corrected up to 10 days after the signing. I believe this is a NJ law. So if the price was wrong they can change it if it was an error. (They can't just up prices or change warranties etc...) They have to have proof an error was made. Such as another document you signed with the correct amount. Just a thought as to what might explain this. Don't know what the laws or contracts clauses were.
      I was just going to make this exact comment. Dealership always has me sign a form that states that if there is an error in the paperwork, I agree that it can be fixed within a certain period of time. Otherwise, dealership can sue for reformation:

      "Reformation is generally permitted when either the parties made a mutual mistake or one party made a unilateral mistake and the other engaged in fraud or inequitable conduct." Boyles Bros. Drilling Co. v. Orion Indus., Ltd., supra.
      The dealership made a 'unilateral mistake' in the contract... and the OP knew it.

      Unfortunately, the dealership did something very bad by reporting the car as stolen and having the customer falsely arrested. My guess is that they both leave everything as is customer agrees not to sue for the false accusation and the dealership does not sue for the $$$.
      Last edited by BostonB6; 09-28-2012 at 01:15 PM.

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      09-28-2012 01:09 PM #40
      Better call Saul.
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    6. Member BostonB6's Avatar
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      09-28-2012 01:16 PM #41
      Quote Originally Posted by Aonarch View Post
      Better call Saul.

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      09-28-2012 01:25 PM #42
      Quote Originally Posted by BostonB6 View Post
      I was just going to make this exact comment. Dealership always has me sign a form that states that if there is an error in the paperwork, I agree that it can be fixed within a certain period of time. Otherwise, dealership can sue for reformation:

      "Reformation is generally permitted when either the parties made a mutual mistake or one party made a unilateral mistake and the other engaged in fraud or inequitable conduct." Boyles Bros. Drilling Co. v. Orion Indus., Ltd., supra.
      The dealership made a 'unilateral mistake' in the contract... and the OP knew it.

      Unfortunately, the dealership did something very bad by reporting the car as stolen and having the customer falsely arrested. My guess is that they both leave everything as is customer agrees not to sue for the false accusation and the dealership does not sue for the $$$.
      If such a clause was signed and the buyer refused communication during the ten day window,.would that make the original contract void and thus the vehicle the dealership's property again?
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      09-28-2012 01:27 PM #43
      Quote Originally Posted by BRealistic View Post
      If such a clause was signed and the buyer refused communication during the ten day window,.would that make the original contract void and thus the vehicle the dealership's property again?
      And, if he was just "out of touch" (as his statement was he was on vacation), and not explicitly ignoring the dealerhsip, does that affect it also?
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      09-28-2012 01:31 PM #44
      Quote Originally Posted by VDub2625 View Post
      And, if he was just "out of touch" (as his statement was he was on vacation), and not explicitly ignoring the dealerhsip, does that affect it also?
      Are people really out of touch for a week now unless they choose ro not check voice and email messages?
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    10. Senior Member Aonarch's Avatar
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      09-28-2012 01:32 PM #45
      Quote Originally Posted by BRealistic View Post
      Are people really out of touch for a week now unless they choose ro not check voice and email messages?


      They said they hand delivered mail to the customer?
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      09-28-2012 01:33 PM #46
      unreal...

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      09-28-2012 01:35 PM #47
      Quote Originally Posted by BostonB6 View Post
      I was just going to make this exact comment. Dealership always has me sign a form that states that if there is an error in the paperwork, I agree that it can be fixed within a certain period of time. Otherwise, dealership can sue for reformation:

      "Reformation is generally permitted when either the parties made a mutual mistake or one party made a unilateral mistake and the other engaged in fraud or inequitable conduct." Boyles Bros. Drilling Co. v. Orion Indus., Ltd., supra.
      The dealership made a 'unilateral mistake' in the contract... and the OP knew it.

      Unfortunately, the dealership did something very bad by reporting the car as stolen and having the customer falsely arrested. My guess is that they both leave everything as is customer agrees not to sue for the false accusation and the dealership does not sue for the $$$.
      And how much is it going to cost the dealer to sue for reformation and prove that the guy in the OP was aware of the mistake? Lots more than the $5k.

      In CA:

      California Civil Code section 3399 provides: "When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value." The remedy of reformation is equitable in nature. (Demetris v. Demetris (1954) 125 Cal.App.2d 440, 443. )
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    13. 09-28-2012 02:09 PM #48
      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

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      09-28-2012 02:25 PM #49
      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.
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      09-28-2012 02:38 PM #50
      Quote Originally Posted by BRealistic View Post
      Are people really out of touch for a week now unless they choose ro not check voice and email messages?
      It's possible. I went to Jamaica for a week this year and didn't check my phone/email a single time. 'Twas glorious, really.

    16. Member GeoffD's Avatar
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      09-28-2012 02:51 PM #51
      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.

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      09-28-2012 02:55 PM #52
      Quote Originally Posted by BetterByDesign View Post
      I dont know which is worse

      - 40K for a Chevy Traverse
      - incompent sales people
      - incompent Chesapeake Police Department
      - guy who takes back a car because he wants a different color
      $40K for the Traverse is the worst.
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      09-28-2012 03:31 PM #53
      "The lawsuits seek $2.2 million in damages, plus attorney fees."

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    19. Member BostonB6's Avatar
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      09-28-2012 03:40 PM #54
      Quote Originally Posted by bmann View Post
      "The lawsuits seek $2.2 million in damages, plus attorney fees."

      GTFO
      Maybe he left his coupon home.


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      09-28-2012 05:58 PM #55
      The dealership AND the PD is at fault on this one...

      False arrest, filing of a false police report, etc....
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      09-28-2012 07:41 PM #56
      Quote Originally Posted by Zstampe View Post
      "Swat came into my house, disrespected my family"


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      09-28-2012 08:03 PM #57
      Quote Originally Posted by driveareliablecar View Post
      Police should have called it a civil matter (contract dispute). I've seen them call stolen vehicles on private property a civil matter.
      This. What the hell did the dealership show the police (and subsequently the judge that signed the warrant) that made it look like fraud? Either they lied, or this guy has a lawsuit against the police department too. Even if the dealership is legally in the right, it's still a civil matter.
      Last edited by TJSwoboda; 09-28-2012 at 08:06 PM.
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      10-03-2012 01:44 AM #58
      Quote Originally Posted by BRealistic View Post
      Surely he knew the higher content vehicle wouldn't be the exact same price.
      You're kidding right? I've seen people tell me they own a so-and-so car, and then I look and it's something else. They don't even know what they bought, they just know what color it is and that it has cool wheels. We're talking about a buyer who returned the car on the basis of the color. I don't think that buyer knows diddly about trim levels or dealer margins.

    24. Senior Member AZGolf's Avatar
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      10-03-2012 01:46 AM #59
      Quote Originally Posted by BRealistic View Post
      Surely he knew the higher content vehicle wouldn't be the exact same price.
      You're kidding right? I've seen people tell me they own a so-and-so car, and then I look and it's something else. They don't even know what they bought, they just know what color it is and that it has cool wheels. We're talking about a buyer who returned the car on the basis of the color. I don't think that buyer knows diddly about trim levels or dealer margins. What he does apparently know is how to look up "lawyer" in the yellow pages and it sounds like he got a particularly aggressive one. 4 hours wrongfully placed in jail would probably make me do the same thing, although Arizona jails probably suck a lot worse than Virginia.

    25. 10-03-2012 02:12 AM #60
      Quote Originally Posted by BRealistic View Post
      Are people really out of touch for a week now unless they choose ro not check voice and email messages?
      Not this past year, but the 2 prior years I have gone on 7 day cruises where I didn't have cell phone coverage or internet access. Was actually really nice.

      We're total slaves to technology these days. Remember the days when people took cross country road trips without cell phones and gps units? How did we ever survive? Anyway...sorry to hijack.

    26. Senior Member feels_road's Avatar
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      10-03-2012 03:30 AM #61
      I am glad I live in a city with rather friendly and reasonable police. I am pretty sure they wouldn't arrest anyone if a person could provide a recent sales contract (with matching VINs). And even if that wasn't handy, I'd ask the police to call the dealership's manager right there and swear that a transaction did not take place. If the manager then waffles and says something like "yes, but we made a mistake," - I am pretty certain the police would immediately release me and start formality on filing a false report.

      Now, if the customer here had a bad conscience and acted all up in front of police instead of remaining calm, that might explain some things.

      Quote Originally Posted by BostonB6 View Post
      "Reformation is generally permitted when either the parties made a mutual mistake or one party made a unilateral mistake and the other engaged in fraud or inequitable conduct."
      But what is inequitable, here? And can they prove it?
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      10-03-2012 08:23 AM #62
      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.

    28. Member Cousin Eddie's Avatar
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      10-03-2012 09:53 AM #63
      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 Basil Fawlty's Avatar
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      10-03-2012 10:57 AM #64
      The second after he drove it off the dealership lot he lost about 4k in depreciation... mazel tov!

    30. Member MCTB's Avatar
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      10-03-2012 11:04 AM #65
      Quote Originally Posted by Basil Fawlty View Post
      The second after he drove it off the dealership lot he lost about 4k in depreciation... mazel tov!
      And thats different from every other vehicle how?

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      10-03-2012 11:15 AM #66
      Quote Originally Posted by MCTB View Post
      And thats different from every other vehicle how?
      Because he's gonna make it back from the dealership, and then some.

      You think $40k for a Traverse is bad, try $2.2m+fees, thats what the dealership could be in to it for.
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    32. 10-03-2012 11:17 AM #67
      Quote Originally Posted by BRealistic View Post
      Are people really out of touch for a week now unless they choose ro not check voice and email messages?
      My personal email and voice mail box only get checked once a week or less most of the time.
      Most of the time when I go on trips the phone stays off and I have no access to the internet unless I find somewhere with computers and internet access.

    33. Member romanl's Avatar
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      10-03-2012 11:36 AM #68
      i know this is not exactly same situation guys,
      but if dealers have no problems marking up certain vehicles
      and im sure this Chevy dealer sells plenty of "PROTECTION PACKAGES" to females shopping alone , so if dealer can add on $thousands to the price out of thin air,
      im ok if they loose few $K every once in a while.
      it was their mistake, they should eat it.


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      10-03-2012 12:09 PM #69
      I live in the area with some other Priority dealerships near me and my experiences haven't been pleasant, they have all had the same sleazeball attitude as this situation implies. This is the kind of dealership that has added "market price adjustments" to their window stickers, and services like "Auto Butler" to mark up prices.

      What bothers me so much about this is how the dealership felt entitled to even call the guy in the first place. Sorry but if you sell me the car for a deal and under cost then that's not my problem, mistake or not. A deal is a deal.

      All sales for cars in VA are final, there is no "cooling off" period like other states. The dealership should know it works both ways. If they were on the other end of the transaction, they certainly wouldn't go out of their way to tell you you're overpaying.

    35. Member titleist1976's Avatar
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      10-03-2012 01:11 PM #70
      And THIS is the proper way to go from a VW Golf R to a Audi TT-RS. Or a Traverse to a Escalade.

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