Dealer sells car for too little then has buyer arrested.

[Michael Stora]

Dealership apologizes for error, customer arrest | HamptonRoads.com | PilotOnline.com

Mike

[crash]

After the crap most stealerships put people through, I think that's pretty darn funny.

[Steven K]

I guess the buyer thought ignoring the calls, letters, and texts, would make this go away.

[Michael Stora]

Originally Posted by Steven K

I guess the buyer thought ignoring the calls, letters, and texts, would make this go away.

It should have.

Mike

[Steven K]

Originally Posted by Michael Stora

It should have.

Mike

I disagree, he should have at least responded. Because the dealer made a mistake does that mean he doesn't owe the money? I am not sure legally. I think a strong case could be made from both sides, but a lot would depend on what was said. If they hadn't had him arrested he would have wound up in court and I am curious to hear what a lawyer would say the law is on something like this.

[crash]

Originally Posted by Steven K

I guess the buyer thought ignoring the calls, letters, and texts, would make this go away.

It should have never come up to begin with.

I cut a deal with the stealership on my truck. When I was handing over the check they tried to change the deal. I picked up my check, got in my car, and was driving out when the manager came running out and stopped me.

They pull this crap all the time, and it's just funny to see them get the short end for once, then try and get the cops involved. They will end up paying, and paying dearly, for what this guy went through.

[QSL]

There is always someone looking to get something for nothing...

[crash]

Originally Posted by Steven K

I disagree, he should have at least responded. Because the dealer made a mistake does that mean he doesn't owe the money? I am not sure legally. I think a strong case could be made from both sides, but a lot would depend on what was said. If they hadn't had him arrested he would have wound up in court and I am curious to hear what a lawyer would say the law is on something like this.

The law is VERY clear. The document, apparently, would speak for itself. It's a signed legally binding contract. End of story. Too bad the dealership screwed up. They had plenty of opportunity to catch the error and I know for a FACT that the dealership employs people that are supposed to do nothing else but review deals before they are signed to make sure they are making a "good deal"...at least from the dealerships point of view.

Bummer they signed a bad contract, but what if the shoe was on the other foot? If the customer signed a contract and then tried to renig on the deal, then would you be just as willing to cut the individual a break. I wouldn't, and as you can probably guess, I, for the most part do not care for car dealers.

A deal is a deal...especially when it is documented and signed!

[Avalanche325]

So, if you have a signed contract, the seller can decide that they want more money and the police will arrest you?

My only position on this is that the police should have told the dealer to call their lawyer and hung the phone up.

I don't agree with people sueing for everything. But, when someone is falsly arrested that is a big deal. I think the police are the ones that should be sued. The police should have never gotten involved in a contract dispute. What was the crime?

If the dealer reported the car as stolen, they should be penalized.

I really think if this went to court, the judge would look at the contract and say "case dismissed".

[DealsGapCobra]

They made a deal, I am sorry if the dealer made a mistake but it was there deal. Now, $2.2 million? Give me a break!

[crash]

Originally Posted by DealsGapCobra

They made a deal, I am sorry if the dealer made a mistake but it was there deal. Now, $2.2 million? Give me a break!

I'm with you on the first part, but please tell me, what would you do if you were arrested falsely based upon someone falsely reporting to the authorities that you stole a car and then spent time in jail?

I think I'd be pretty pissed. I don't think $2.2 MM is at all a bad starting point for what this dealership did.

I think someone at that dealership could also be facing criminal charges for filing a false report of GTA.

This is some serious stuff.

[Ray]

Originally Posted by DealsGapCobra

They made a deal, I am sorry if the dealer made a mistake but it was there deal. Now, $2.2 million? Give me a break!

One of the problems here is that the victim is an RN. His arrest was most likely reported to the regulating agency in his State and because of that, he could lose his license. No license, no job, no job, no money, house, etc.

$2.2 million is really high, but the lawyers gets at least a third so the amount always starts off HIGH.

Ray

[DealsGapCobra]

The dealer was Way out of line and should pay some penalty but that amount seems out of line. Then again, I didn't consider the professional impact.

[joyridin']

The dealership lost $5600 on one deal. They probably made that up before the car left the showroom from ripping off all the other customers.

Invoice my rear!

[Carography]

Originally Posted by Ray

$2.2 million is really high, but the lawyers gets at least a third so the amount always starts off HIGH.

Ray

The article said $2.2mil plus attorney fees

Originally Posted by joyridin'

The dealership lost $5600 on one deal. They probably made that up before the car left the showroom from ripping off all the other customers.

Invoice my rear!

Likely, they sell 13,000 cars a year. That works out to 36 cars a day.

[VPR-KLR]

Their sales will also take a hit because of this.
If I were a local I would love to see a pic of the guy posted in the paper that reported it stolen. Drive him out of car sales in the entire area.

[yankabilly]

Originally Posted by Ray

One of the problems here is that the victim is an RN. His arrest was most likely reported to the regulating agency in his State and because of that, he could lose his license. No license, no job, no job, no money, house, etc.


Ray

Yep. Here in Mi. conviction of theft would get an R.N. license pulled quick.

[ETriggs]

I seriously doubt the RN will get his license revoked as this charge is going nowhere. The investigating officer needs to have his LEO credentials taken and burned. There is no way the buyer should have ever been arrested.

The dealership's insurance carrier is gonna pay ALOT of money one this one...

[QSL]

cant always believe just what the media reports. There is something else to this story. Why would someone return a car just on color. The other car had more options thats why... The dealership did not even have to honor a switch. So i guess this goes under the heading... no good deed goes un punished...All this probably could have been avoided by simply returning a call. Seems kinda shady, he did not know the price was wrong, but its got more options for less money and then the dealer is calling you multiple times and you dont call back?!?!? Sorry, but the woe is me excuse is not passing the common sence test.



Rebecca Colaw, Sawyer's attorney, said the price listed on the contract for the blue Traverse was $33,957.55 - about $400 less than the price her client had negotiated for the black one. In an interview, Sawyer said he did not know anything was amiss with the new contract.

"I just thought it was a great deal," he said, noting that the blue Traverse had an in-dash navigation system and other features the black one did not.

Sawyer immediately left the dealership and returned with a cashier's check covering what he owed after dealer incentives and his trade-in. The check was cashed May 10, the suit said.

[TNCobra]

Clearly a civil, not a criminal matter. Not sure if the police has the duty to investigate the circumstances when someone reports their property stolen, so it goes back on e dealership for filing a false claim.

[Michael Stora]

I'm frequently puzzled and troubled by some of the arrests the police make for non-crimes: Using a valid on-line rain check, having some gift cards with raised numbers and some without raised numbers (all were valid), paying with $2 bills, paying with a $50 bill, etc. (many of these seems to be generated by just two retailers: Best Buy and Fry's Electronics). It seems even a tiny bit of police work (like calling the 800 number on the back of the gift card) would resolve these situations at the store.

In this situation, even the most basic Who? What? Where? How? questions would have made it clear that this was not a criminal matter.

Mike

[Thanatopsis]

Originally Posted by Michael Stora

In this situation, even the most basic Who? What? Where? How? questions would have made it clear that this was not a criminal matter.

Mike

When you can arrest people willy-nilly with no repercussions you end up with this:

[Ray]

Originally Posted by ETriggs

I seriously doubt the RN will get his license revoked as this charge is going nowhere. The investigating officer needs to have his LEO credentials taken and burned. There is no way the buyer should have ever been arrested.

The dealership's insurance carrier is gonna pay ALOT of money one this one...

You are correct in that his license won't get revoked, but there will be an investigation. As for the Officer, all he got in the computer was that the car was a stolen. It's happened to me several times. Plate/VIN comes back hot. Felony stop, guns out, people on the ground, people telling us "But it's my car!" etc. In this case, it's highly unlikely that the paperwork would have cleared and been issued in the buyers name. So, car appears to be still registered in the dealers name, VIN is hot, someone ends up in jail.

Ray

[Thanatopsis]

Here's where I think the cops screwed up:

On June 15, three Chesapeake police officers arrested Sawyer in his front yard and took him before a magistrate judge.He was released on bond after about four hours at the Chesapeake jail, the suit said.

There is little doubt he told the officers he paid for the vehicle and little doubt he had the documents at his house. Obviously a civil matter. He also had to post bond. If he didn't have the cash he would have to go through a bondsman and that costs money.

The arresting officers should have applied some common sense. The "arrest them now and let someone else sort it out" attitude is unfair the innocents.

If anything, charges should be filed against the dealership employee for filing a false police report.

[Xybram]

It's not up to the officer to determine guilt or innocence. That is the courts job. The car was reported stolen, the LEOs did their job. The idiot dealership that falsely accused this guy is going to have to pay. That amount should absolutely be penal! To be honest 2.2 million sounds about right.

Chris

[joyridin']

Originally Posted by QSL

cant always believe just what the media reports. There is something else to this story. Why would someone return a car just on color. The other car had more options thats why... The dealership did not even have to honor a switch. So i guess this goes under the heading... no good deed goes un punished...All this probably could have been avoided by simply returning a call. Seems kinda shady, he did not know the price was wrong, but its got more options for less money and then the dealer is calling you multiple times and you dont call back?!?!? Sorry, but the woe is me excuse is not passing the common sence test.

Common sense? You are kidding right? I have physically seen people try to return a leased car with 60k miles and never had the oil changed from the day they got it. Still had the factory oil filter. It was amazing they were smart enough to add oil, but the oil light probably came on. Their excuse was they did not know they had to do maintenance on a leased car. BTW...the car had a free maintenance program for 3 years.

Common sense is highly overrated. The dealer screwed up. Too bad. I am QUITE sure if they had overcharged her for the car, they would have not put ANY effort into calling her back.

[Joe]

Nice, I've been off the forum for most of the past couple of weeks and come back to this.. Was the suspect taken before a magistrate (judge) and did the judge find probable cause and set a bond? Do we really know all the facts, or are we just bashing because it's fun?

Continue on.. I'll check back in again in a few weeks..

[BOB SCHAEFER]

Sure, the dealership screwed up on a number of accounts but there's no way you guys can convince me the customer didn't know a mistake was made on price. He runs out of there and returns with a check for the balance? Trying to get it paid for as quick as possible?

As I stated, the dealership made mistakes...and maybe they are of low morale fiber. But there are two sides.

If you were at the cash register trying to buy something at, say, Home Depot, and you knew the price was $500 and she rings up $200, would any of you guys on this forum not tell the clerk of her mistake? I would, and I bet you guys would too. Why is it different in this situation? Why does the public have this hate attitude with car dealerships (stealerships)

As you all know, I am a dealer and you would be shocked at the things the retail public will do and justify it because of what? Because the perception is the dealership is lying and decietful and they make tons of money anyway...they can afford it?

Have any of you guys looked around and seen all the franchises and independent dealerships go out of business? Do you think these stores are closing because they've made enough money and are retiring?

No...it's because they are losing money due to increased overhead and loss of income due this crappy economy. We are a small store and we write off over $100K a year to bad debt and retail/wholesale losses.

This car deal above will fall into that catorgory. It is probably a $3K loser.

And the 2.2 lawsuit? Where does that come from? The bottom line. What the hell...they can afford it!

[Michael Stora]

Joe, I think you are being a bit sensitive. Obviously the villain here is the car dealer but it is perplexing how the police allowed themselves to be used here.

Chris, people lie to the police all the time. While final determination of guilt is not their job, their job is to build a case. Tne cannot assume that everyone is telling the truth.

To no one in particular, from the time line he was facing charges for 2 1/2 months. I'd want quite fairly large compensation too.

Mike

[crash]

So what EXACTLY should I expect a cars price to be when I walk into a dealership? I don't know because THE DEALERSHIP WANTS IT THAT WAY. Has anybody, and I do mean ANYBODY paid exactly what it says on the sticker when they bought a vehicle? I would bet not. It is either more or less and all based upon the dealers discretion. We all know this.

So yeah, the notion that he thought he just got a great deal is totally believable to me, as the price is whatever the dealer makes the contract for. All the talk and BS before or after is irrelavent. THE CONTRACT SPEAKS FOR ITSELF.