Legal advice please
 

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....?

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

that would fire me up. no phone call?? :hothead:

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?

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.

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.

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.

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

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.

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.

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!

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.

They sold your ordered truck to someone else. Its still coming, your just not getting it :mad:

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. :D :D

maybe, might explain why you didnt get a call

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.

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

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.

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.

Ron, You should have bought a FORD.

Ron,

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.

Ron P,
sea what you get for not buying american,serves you right!!!!!!!!!!!!!hahahahahahah

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?

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.

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.

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.

What do you expect from a dealer that sells japanese trucks... and the parent company is Peugeot.... THE FRENCH!...... :D 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.

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.

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.

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!:D

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

Joe, I didn't understand this....

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

Ron, I missed the name of the dealer that is trying to screw you. Can you let us know which one it is? Maybe some OSO people have a contact there or at least they won't buy from that dealer.

I would ***** and see what happens. Tell them your going to put a sign in your vehicle window that says somthing like "Ask me how XXXXX Nissan screwed me over". They love that kind of advetising.

Mike, it was Haldeman Nissan in Hamilton Square NJ.

This guy found me because I filled out a "Request Quote" form on the NissanUSA.com web site. He offered the deal without me even asking. So I accepted and this where it got me. If I beat the hell out of them over the price I would feel some degree of fault. But since he offered the price in an email to me, I feel it's my duty to put the screws to them for waisting my time.

I rarely get pissed but this one is really under my skin.

Yes, it's personal:hothead: :hothead: :hothead:

always rember you only get what you pay for no one is in business for fun you got snookered

Your situation really sucks, but you have to think about:

1) How much is your time worth
2) Lawyer fees
3) Do you want any more stress in your life?

My 2 cents is let it go...

I'd go after them. I'd forward their emails to the manufacturer. Buying a car shouldn't be this hard!:hothead:

Dan

Nissan is usually pretty tough on their dealers. I'd start by calling the Nissan regional rep and tell him what happened.

-Greg

Ron-
you could always contact the local news station.. I doubt that Haldeman Nissan would want the local viewing public to know that they backed out of signed contact. Its probalby worth a shot