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Legal advice please

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Old 03-29-2004, 04:11 PM
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Dealerships usually fall under governing bodies that they fear more than the BBB. In CA you can call the BBB till you are blue in the face and the dealer can care less. One phone call to the "DMV Inspectors" office and they will cry out loud!
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Old 03-29-2004, 04:12 PM
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Yes the contact was signed and accepted by the dealer and they hit my CC for a $1000 deposit.

What do you mean by specific performance?

Standing by the deal now (starting an order from scratch) won't help as I need the truck now, that's why I ordered it a month ago.
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Old 03-29-2004, 04:14 PM
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They sold your ordered truck to someone else. Its still coming, your just not getting it
 
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Old 03-29-2004, 04:16 PM
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I would ping the GM back in person. Show him the contract, and let him know he is in breach of it. Second recourse is finding one of those dealers that will 'meet or beat' any deal. Tell them you are on your way over there to have them order your truck.

I did the latter with a jet-ski one time, and the dealer that wrote up the quote for the ski even cheaper was 700 miles away. (Friend of mine). The dealer that I orginally contracted with did not let me walk out without the ski, and I got them to throw in the free trailer and CG equipment.

I had a Pontiac dealer that broke a contract on me once too. This was a demo unit on the lot, and GM went on strike, so their on lot units went up in value. I did not get the car, but the CC debit for the deposit was never processed, (found out later), so when I forced them to refund my deposit to my CC in front of me, I ended up making money.

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Old 03-29-2004, 04:16 PM
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Quote:
Originally posted by Mr. Demeanor
They sold your ordered truck to someone else. Its still coming, your just not getting it
maybe, might explain why you didnt get a call
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Old 03-29-2004, 04:22 PM
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Funny thing is that they are a small town mom and pop type dealer, not a highway store.

I'm gonna shove this up thier arss as far as it will go.
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Old 03-29-2004, 04:24 PM
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I just sent him a love note..........
-----------------------
Hello Robert,

Please read your email to me (below) from last month. You may also want to show this to Vince and your GM. It was this email that got me to place an order with your dealership. I really don't understand how I could give you a $1000 deposit, walk out with a signed contract, yet your dealer decided on his own to not order my truck as per our contact. Also, how could you not call me to tell me he wouldn't order it? The deal was accepted and a managers signature is on the contract. Now one month later, I'm back to square one.

My problem will become your problem as your dealership broke a contract.

As I mentioned during our phone conversation of earlier today, I still plan on buying a Titan and I'll be coming back to you for any difference in price between what we contracted for and what I'll end up paying somewhere else. Plus any additional expenses I incur along the way such as needing to rent a truck in order to do my business.

Earlier today I gave you the information for a Titan in Mass at Kelley Nissan. I am expecting you to deliver that truck to me for the price we agreed on at our meeting in your dealership on 2/27/04. If this is not going to happen, I need to know immediately so I can make other arrangements.

I'll await your written reply.

Ron Polli
732 255 3969


Subject: 2004 Nissan Titan Order


Dear Ron,

My name is Robert Septak and I work for Vince in the internet department. I know that he has spoken to you about the order of the Titan at cost. That is what he promised you and that is what you will get it for. The price of the vehicle is $36,210. Invoice price and the price you pay is $32,653. Parts is closed right now so I am not able to get you a price on the overhead roof rack for you. I can let you know tomorrow what they are in price. If you can agree to these numbers, please call me directly at (609)586-1900 ext 202 and I can take a deposit from you over the phone. If you cannot reach me you may ask for Vince. Thank you for the request and I hope we can earn your business.


Robert Septak
Internet Sales
Haldeman Nissan
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Old 03-29-2004, 04:34 PM
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Specific Performance is simply suing them to fulfill the contract to the terms agreed upon. Again, I would suspect if the owner will talk with you that he will honor the deal. If he won't talk to you I'd go after them. If you need the truck on a deadline, unless there is something unusual about what you ordered they can probably find it at another dealer and transfer it in to their inventory. They will lose holdback on the truck, but they can do it.
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Old 03-29-2004, 04:55 PM
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The truck I want is very rare. The closest one to me is in Mass and the dealer isn't willing to drop his price nearly as much.
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Old 03-29-2004, 05:01 PM
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Ron, You should have bought a FORD.
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