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.
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.
"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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"No sir, I had no idea. They said come and trade the blue one for the black one, no questions asked. Swear!"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. )
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.
2012 Porsche Carrera 991
The dealership AND the PD is at fault on this one...
False arrest, filing of a false police report, etc....
Last edited by TJSwoboda; 09-28-2012 at 08:06 PM.
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.
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.
Aung San Suu Kyi
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.
"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%.
everything is a bottle opener if you're savvy enough -- Chapel
I ♥ snap oversteer
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.
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.