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First car is at Dealership, they are refusing to honor agreement


PhantomAce

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

 

 

Mike: -- Go get them GooD Luck. You have two cars on order??????

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Mike: -- Go get them GooD Luck. You have two cars on order??????

 

 

Good luck,...so tired of these dealers playing these games with loyal customers.

 

Even with a deposit paid, if you do not have a formal Purchase Agreement at MSRP you'll be out of luck I'm afraid. Verbal contracts from a dealer are not binding as they are impossible to prove unconditionally.

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Sorry to say it, but, welcome to the club.

 

I only had a verbal agreement and had no ground to stand on. As you may guess, I am very bitter about it. I hope your dealership and mine both end up eating dirt when all is said and done. I hope they lose significant business over the handling of their customers.

 

Good luck. If it does not work out for you, then I hope you find one later. If you are patient, an MSRP deal should come along by next Summer.

 

weren't you the one that had 2 cars at the same dealer? Maybe you can get them to agree to MSRP on the second one (in writing with the owners blood as his signature) if you let them have the first for profit.

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That just sucks, man. If you had a clear and written understanding of the situation, I am hopeful your attorney can help make things right. If that is the case, it seems to me that the only honorable solution is for the dealer to sell it to you at MSRP, even though he can get more for it at today's market price. If he didn't know what he was agreeing to, he shouldn't have made a deal with you way back when. :doh:

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

 

 

You have a Written Agreement that states you get the car at MSRP?? Do you have any WRITTEN communication that states that THIS is the car in question (ie, is the VIN stated on the documentation?)

 

If "YES" is the answer to both questions, you're golden.

 

MSRP is MANUFACTURER'S SUGGESTED RETAIL PRICE, not the dealer's DESIRED price. There is absolutely ZERO lattitude on this one. So, IF you have that and the VIN in the same document that is signed and dated by a representative of the dealership, you should be in good shape.

 

Good luck.

 

BTW, in the event they try to screw you, it would make a lovely story on your local TV station.

 

 

 

:shift:

 

 

bj

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Guest evilchris

You have a Written Agreement that states you get the car at MSRP?? Do you have any WRITTEN communication that states that THIS is the car in question (ie, is the VIN stated on the documentation?)

 

If "YES" is the answer to both questions, you're golden.

 

MSRP is MANUFACTURER'S SUGGESTED RETAIL PRICE, not the dealer's DESIRED price. There is absolutely ZERO lattitude on this one. So, IF you have that and the VIN in the same document that is signed and dated by a representative of the dealership, you should be in good shape.

 

Good luck.

 

BTW, in the event they try to screw you, it would make a lovely story on your local TV station.

:shift:

bj

 

 

He said somewhere he deposited in 2005, ie no VIN.

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

 

I think I'd bring the local TV station along with your lawyer. Get the "troubleshooter" guy/gal to come along with a camera.

 

Dave

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

 

 

 

Man that just plain sucks!!! Sorry to hear about it Mike.

 

If it makes you feel any better it happened to me to. I had a 14k deposit on a GT500 with my dealer. Tentative agreement in writing as well. They bought my 03 Cobra outright and I used the money from that for my deposit. My Cobra only had 800 miles on it when they bought it for 28k. After holding my money for four months they decided to play games and I got my deposit back. Just didn't feel like making a big stink about it. I figured I could get one later on for MSRP no problem. Well now I don't have my Cobra or a GT500. As I look back I should have just kept the Cobra and been happy with it.

 

Now I'm just waiting and watching the prices. Also waiting to see what other SE's will come out but they too will most likely have ADM's. I may just buy a regular GT, mod the hell out of it and be happy.

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A contract must be complete to be binding. For a contract to be complete, all material terms must be agreed upon and there must be consideration from both parties. Certainly, price is a material term. The question is whether "MSRP" is sufficiently specific to constitute an agreed upon material element of the deal. This is not a slam dunk, but I would say that most judges would rule in your favor on this issue. Most contracts relating to personal goods (real estate deals are different because they must be in writing), do not need to be in writing to be binding. Unfortunately, if the deal is not supported by a writing, it very difficult to prove that all material terms were agreed upon. If you clearly have an MSRP deal in writing, I'd say give em hell. Otherwise, you're probably better off looking for a different (reputable) dealer as prices start coming down to reasonable levels (which is only a matter of time).

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As a few others have suggested, make this very unpleasant for them.

- get the TV/Radio "5 on your side" kind of reporters to do a story on a "Big business screwing the consumer" type of story. They love doing this stuff - especially when "real" news is slow.

- call into talk radio/public radio type shows - tell your story. You'll be surprised how this stuff get's blown up quickly.

- ask the dealer owner if he/she wants a non-violent picket to be setup near their dealership - give him/her a few sign ideas that he/she will see - "This dealer does not honor contracts", "Ask me how this dealer STOLE my car", "This dealer values $ over customer relationships" etc. Say that you, your family and friends/co-workers will be there every weekend.

 

In short, if you flinch they have you. Their lawyer is going to argue "contract" - you need to focus on your agreement (in writing) and the potential downside they may reap.

 

Good luck!

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Don't worry about it...wait until next year and the prices will definitely be more reasonable...besides you won't have to deal with any quirks that the 07 Shelby may develop...they will have ironed out most of them by '08. I wouldn't give them any satisfaction.

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Just verified with the ownership of my dealer, he will be keeping my car for himself. And I have a written contract for the 1st GT500 that comes into the dealership, a Dora with my name on it and they have had my money since July 2005. My lawyer will be calling. What a bunch of crap!

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Just verified with the ownership of my dealer, he will be keeping my car for himself. And I have a written contract for the 1st GT500 that comes into the dealership, a Dora with my name on it and they have had my money since July 2005. My lawyer will be calling. What a bunch of crap!

 

 

svttim,

 

Very, very sorry to hear that.

 

Honor Integrity Dignity

 

These are values our society no longer esteems nor posess.

 

Hopefully, Justice still means something...at least in this case! We're with ya!

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As a few others have suggested, make this very unpleasant for them.

- get the TV/Radio "5 on your side" kind of reporters to do a story on a "Big business screwing the consumer" type of story. They love doing this stuff - especially when "real" news is slow.

- call into talk radio/public radio type shows - tell your story. You'll be surprised how this stuff get's blown up quickly.

- ask the dealer owner if he/she wants a non-violent picket to be setup near their dealership - give him/her a few sign ideas that he/she will see - "This dealer does not honor contracts", "Ask me how this dealer STOLE my car", "This dealer values $ over customer relationships" etc. Say that you, your family and friends/co-workers will be there every weekend.

 

In short, if you flinch they have you. Their lawyer is going to argue "contract" - you need to focus on your agreement (in writing) and the potential downside they may reap.

 

Good luck!

 

 

+1 ...and if it wasn't a valid contract, why did they put it in writing? because they felt MSRP was a good contract deal at the time!

 

Go get 'em Phantom -- you know you're right!

 

-Dan

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Just verified with the ownership of my dealer, he will be keeping my car for himself. And I have a written contract for the 1st GT500 that comes into the dealership, a Dora with my name on it and they have had my money since July 2005. My lawyer will be calling. What a bunch of crap!

 

my 2 cents, if they, and you, signed the sales agreement for MSRP and they took your down payment and gave you a reciept for it you are golden. it still is going to cost some money for the lawyer to get this enforced, but thats the way it is. the first thing i would do is call your State Attorneys General office and get them going on this now. they love to smack down crooked car dealers....

i also had a deposit reciept and a sales agreement for one, but i was the dumb a... who thought that a reciept for deposit and a sales agreement that stated for MSRP was good enough. my mistake was not getting the sales agreement signed by them. i thought deposit and reciept would be good enough.

 

good luck

1FSTHRSE

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Who is the dealer?

Kim from Waupaca, Wis.

 

 

 

Rosemurgy Motors in Wausau. I have e-mailed the state also. The bad part was I was willing to discuss the situation but he was a complete arrogant ass!

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Rosemurgy Motors in Wausau. I have e-mailed the state also. The bad part was I was willing to discuss the situation but he was a complete arrogant ass!

 

with the DORA and your other paper work on hand i would walk into the dealership and demand the deal go through immediatly, if he still doesn't do it call 911 and report a robbery or larceny or illegal breach of contract in progress. the cops have to show up, have the local news there also. because they have your money and you have the contract i don't see how you can get in trouble with 911.

admittedly somewhat extreme but i think would work.

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with the DORA and your other paper work on hand i would walk into the dealership and demand the deal go through immediatly, if he still doesn't do it call 911 and report a robbery or larceny or illegal breach of contract in progress. the cops have to show up, have the local news there also. because they have your money and you have the contract i don't see how you can get in trouble with 911.

admittedly somewhat extreme but i think would work.

 

 

I like your approach ;-) but probably ought to pass on 911 call -- they wouldn't likely have a sense of humor.

 

Btw, do you have a hearse?

 

 

 

Funny 911 story: a few months ago a woman called 911 (upstate NY rural village) to try to find out the name of the cop who came to her appartment on a noisy neighbor call the evening before. 911 asked why that was an emergency. She told them "I'm 43, honey, and ain't gettin' any younger and I just want to contact him." They dispatched the cop she had talked to... to arrest her for abuse of 911. True story (though I kinda thought they could have been a bit more 'understganding' <lol>)

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Well, as expected:

 

My 1st car arrived at the dealership Friday evening.

Saw the car, sat in it, started it up (and by the way, no, the exhaust is not really THAT quiet).

 

GSM at dealership is telling me flat-out that their position is that they do not have to honor the MSRP deal as there is no "specific price agreed to, therefore the agreement is invalid".

We all know this is BS. When they agreed to "MSRP" they were agreeing to the price on the Maroney (sp?) sticker that is required to be on the window at time of delivery by Federal Law.

I am going to try to meet with my attorney again this week, will see where it goes from there.

 

I am NOT paying an ADM on these cars after I waited a year and a half with an agreement at MSRP and money changing hands. So, if I don't win this battle, then I guess I don't get one. But, I'm going to fight like mad.

I am remaining in written contact with the dealership. Have asked for documentation from them that states and/or backs up the validity of their position, or to allow me to take delivery immediately at MSRP as agreed.

 

Trying to stop them from selling the 1st car out from under me while I get an injunction in place through my attorney. We'll see what happens.

 

Has anyone else had a specific case of an MSRP deal with a dealer not being honored because it is not a "defined" price? If so, let me know, would like to know what the outcome was.

 

Mike.

 

 

 

Mike, Make a DMV complaint, actually the threat of a DMV complaint might be better, in Calif and Nevada, any signed complaint has to be handled personally by the actual owner no GM's no att's, the nasty little DMV guys come right into the owners office. The owners don't like that, you will get some action. Do file if the threat does not work. 68 is right, do not call 911 they will arrest you.

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with the DORA and your other paper work on hand i would walk into the dealership and demand the deal go through immediatly, if he still doesn't do it call 911 and report a robbery or larceny or illegal breach of contract in progress. the cops have to show up, have the local news there also. because they have your money and you have the contract i don't see how you can get in trouble with 911.

admittedly somewhat extreme but i think would work.

 

Sorry to hear this, but I think I would call & write NBC Dateline, 20/20 OR SOME OTHER BIG NEWS CREW for an undercover sting operation. Why go local when we need this to go Nationally. That way ALL dealers get the message LOAD & CLEAR!

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Rosemurgy Motors in Wausau. I have e-mailed the state also. The bad part was I was willing to discuss the situation but he was a complete arrogant ass!

 

 

SVT Tim, I have an msrp agreement signed by both the lead salesman and myself at a place just down the road(with cash down). After signing he asked for an extra $3,000.00 and I told him we already had a signed deal. He was all done with me at that point forward. I worked for the owner of this dealership for two of the 16 years I wrenched for ford and he Is a good honest guy. But I am still worried about the deal going straight south !

 

Then I truely will become the Dodge Man !

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Sorry to hear this, but I think I would call & write NBC Dateline, 20/20 OR SOME OTHER BIG NEWS CREW for an undercover sting operation. Why go local when we need this to go Nationally. That way ALL dealers get the message LOAD & CLEAR!

 

 

Coldwater, that's a great idea!!! This is the kind of stuff that would never make the 'radar' of the general public and has the 'gut' value that news agencies love. Good thinking!

 

:party:

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There seem to have been a number of posts with end result of no one actually pursuing their claim. Just gave up or decided it wasn't worth it or whatever. Most of them actually sounded like they had a good case. I am not a lawyer but in my business we deal with a lot of contracts and "breach of contract" is enforceable.

 

I think it would be great that someone really nails one of these guys for breach of contract. The bad guy continues to win because the other party flinches first.

 

No more flinching :rant:

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Coldwater, that's a great idea!!! This is the kind of stuff that would never make the 'radar' of the general public and has the 'gut' value that news agencies love. Good thinking!

 

:party:

 

Your welcome.... If you want your dreams to come true you MUST think BIG & I mean REALLY BIG!

 

If Mr. Big wants his car more than you do I think he needs to pay a REALLY BIG ADM

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