Ron P

So I ordered a Nissan Titan pickup from a dealer that offered me a great deal. We did the contract and I gave him a $1000 deposit. The truck should take less than 8 weeks to be delivered.

So today, 4 weeks into the deal I call the dealer looking for a tentative delivery date. He says "that's funny, it's not showing anything". He checks around and calls me back and says "The GM decided not to order the truck because the price was too low".

They have refunded my deposit but I'd like to cause them some pain for my aggravation.

Do I have any recourse? Do I have any damages?

Nissan USA didn't seem to care because all dealers are independently owned and operated.

Do I have a course of action or should I just move on....?

BajaRunner

did you have a signed contract? if so, they broke it.

BajaRunner

that would fire me up. no phone call??

Ron P

Signed and accepted contract! They even hit my CC for the $1000 deposit.

No phone call. If I didn't call them, they wouldn't have called me.

They did refund my deposit today.

I think if I end up paying more somewhere else for the same vehicle that I can go after them in court for the difference. Thoughts?

BajaRunner

i would go after them for breach of contract. you cant do that. im no lawyer, but i definetly think you have a case.

you might call and tell the gm that if he doesnt fullfill his end of the contract, your going to take it to an attorney. he may change his thinking. if not, take it to the next step.

Ron P

I think I need some legal advise first. Yes he broke a contract, but I believe I need to show damages.

Like it costing more somewhere else.

Cord

iTrader: (2)

Read the contract first. They proably have something in there to cover them. It will be in 2pt.

If you really want to cause them some grief, make a complaint with the BBB. I was getting no attention until I filed the complaint. Then things really started to happen.

thedonz

under common law contract law, the dealer broke the contract, but you are correct in that you have to show damages in the form of a greater paid price elsewhere.....however, the difference may not be enough to justify the attorneys fees and litigation costs, unless there was an attorneys fees provision in your contract stating that the prevailing party in any legal action on the contract is entitled to receive attorneys fees and costs in addition to compensation....good luck

restabr

That really sucks!! I can't believe a reputable dealer would do that to you. If you have a buyers order signed by both you and the dealership its a slam dunk to pursue them for specific performance. If its not signed by the dealership it will get tougher but you might still have an argument because they accepted your deposit. If its a dealership that is not one of the large public chains I'd ask for the owner. If the store has any interest in their reputation the owner will stand by the deal.

BajaRunner

that will get their attention. this is of smaller detail, but i had a window replaced under warranty. they were tinted, and replaced it without tint. they told me to go get it tinted and bring them a bill. when i did, they forgot all about it, till i let the bbb know. i had a check and an apology from the gm in a week. they dont want an open complaint from the bbb.