Like Tree0Likes

Legal advice please

Old 03-29-2004, 05:09 PM
OffshoreOnly Antagonizer
VIP Member
Phknlwyr's Avatar
Join Date: Mar 2002
Location: Bethesda, Maryland
My Boats: 1981 Sears inflatable, twin oars
Posts: 865


Inasmuch as the dealership's phknlwyr wrote the contract that you signed, I would bet that it has more holes for the dealer than there are hair plugs on Stecz20's head.

Look specifically for a section entitled "Remedies" or "Default" or "Cancellation." You will probably find that you agreed that your sole recourse against them is limited to the return of your deposit monies.

I agree with the others: be a squeaky wheel. You never know what may happen.
"Kevin, prepare for the summer."

-Mr. Sorkin, 10th Grade Geometry teacher
Phknlwyr is offline  
Reply With Quote
Old 03-29-2004, 05:16 PM
outer42's Avatar
Join Date: Mar 2002
My Boats: 42 GTX OL
Posts: 1,289

Ron P,
sea what you get for not buying american,serves you right!!!!!!!!!!!!!hahahahahahah
outer42 is offline  
Reply With Quote
Old 03-29-2004, 05:31 PM
Enjoy the show
VIP Member
Thread Starter
Ron P's Avatar
Join Date: Feb 2001
Location: The Joisey Shore
Posts: 10,353

Ok, now that outer 42 got that out of his system.........

I read the fine print. The only thing I see regarding this issue is as follows:

DELAYS IN DELIVERY Dealer shall not be liable for failure to deliver or for any delay in delivering the vehicle covered by this order where such failure or delay is due, in whole or part, to any cause beyond the control or without the fault of negligence of dealer.

I don't think that gives them a right to screw me and just walk away. Does it?
Ron P is offline  
Reply With Quote
Old 03-29-2004, 05:39 PM
cuda's Avatar
Join Date: Sep 2001
Location: Deland, Florida
Posts: 25,191

I'm sure they would expect you to hold up your end of the contract if they sold it, and you should be able to expect the same. Ask him how he'd like it if you took delivery of the truck then decided they wanted too much. They can't have it both ways. I'd be bitter for sure.
cuda is offline  
Reply With Quote
Old 03-29-2004, 05:39 PM
Join Date: Sep 2003
Location: Argyle, TX
My Boats: scratching the surface!
Posts: 1,623

Ron if you need a good price on the truck pm me the specs and I can get ya one a little over cost thru my friends branch in TX if you need the help on the pricing.
JPD Motorsports is offline  
Reply With Quote
Old 03-29-2004, 05:40 PM
Official OSO boat whore
Charter Member
Trade Score: (2)
Join Date: Oct 2000
Location: Mequon, WI
My Boats: 8' row boat
Posts: 6,157

It's in there. Why do you think the contract is on legal and 5 pages long? And the others are proably right...they sold your truck to somebody else.
Cord is offline  
Reply With Quote
Old 03-29-2004, 05:43 PM
Reed Jensen's Avatar
Join Date: Dec 2003
Location: Los Angeles California
Posts: 8,301

What do you expect from a dealer that sells japanese trucks... and the parent company is Peugeot.... THE FRENCH!...... I think you have a case against them for breach of contract.... but you may be trying to push a rope uphill by sueing them.... I'd just walk away and take my business elsewhere. I've gone the "hardnose" route before.... Even when I was totally in the 'right'... it cost me double in attorney's fees what I recovered.... plus it took two years out of my life. Do you really want to be entangled in some litigation for several years over a few dollars?... Move on and chalk it up to " trying to get the best deal"... but it didn't happen.
Reed Jensen is offline  
Reply With Quote
Old 03-29-2004, 05:45 PM
big daddy's Avatar
Join Date: Apr 2001
Location: Springfield, Mo
My Boats: 99 Scarab 33 AVS
Posts: 132

It's expensive, but an unhappy customer of a dealership across town from ours hired a bunch of people from a temp agency to picket the store on a Saturday(busiest day of the week). Word is, the dealer figured he lost over $100,000.00 that day from lost business and bad publicity. Sometimes a threat of that nature is all it takes.
big daddy is offline  
Reply With Quote
Old 03-29-2004, 05:47 PM
Member #9
Charter Member
hp500efi's Avatar
Join Date: Oct 2000
Location: Pewaukee, WI
Posts: 4,269

Ron, sounds as though the dealer was negligent in not ordering the vehicle.

Being that the truck is rare, I am sure that the dealer found out they are allocated only som many and the deal they made you is tough for them to swallow thus the 'no deal'.

I would stress the price difference as well as a rental as you mentioned since it will take additional time until you get it.
Member of the Liquid Jungle
hp500efi is offline  
Reply With Quote
Old 03-29-2004, 06:46 PM
Offshore Cowboy
Platinum Member
Joe's Avatar
Join Date: Nov 2002
Location: Houston, TX
My Boats: '03 Lip-ship Gladiator - Purchased (Not from Lip-Ship) w/ worn out Merc's posted on OSO Classifieds and told to me had "Fresh Motors." Wish I would have gotten to Philly's 1 Day Sooner and bought the Gladiator he sold to Tommy!!!
Posts: 1,834

You should tell him the price has just been dropped 5k, and thank him for already giving you 20% of that back. Remind him that'll be much cheaper for them than a stiff summary judgement!

sorry to hear that... But, I agree with bajabob38, "You should've bought a Ford!" Sorry... bad timing for humor!
Joe is offline  
Reply With Quote

Related Topics
Thread Starter
Last Post
General Boating Discussion
06-12-2002 09:15 PM

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

All times are GMT -5. The time now is 01:59 PM.

Copyright 2011 OffShoreOnly. All rights reserved.