Help!! Need Advice on Dealership

[lochnessmonster]

The other real question is where are all of these lawyers who said that you could work it out with this dealership before? Remember them? I seem to remember tons of accusations saying that taking a hard line with the dealership was foolish. I seem to recall only one person saying to take a hard line. Wonder who that could have been?

I commented before that this dealership was unethical and that you should not be treated this way because you "had money". You paid good money for a car and it was significantly damaged. You were a good guy about it. Now, this dealership is going to make their money back on you, one way or another. Again, unethical, while you were willing to let the issue slide and move on.

As for the resolution........look, you most likely signed something about purchasing the car. Read it. They may be trying to change the terms on you. If they are trying to change the terms, hold them to the contract if you can. Otherwise you are going to have to be more nasty with them. They do not treat you as a valued customer.

Even if you had a new car delivered, who knows what they will do to it. Hope you get out of this set of problems.

Where are the other lawyers you ask? Practicing law. I was in Court all day Monday, and all day Yesterday. In fact, I'm in Court both days, every week. I don't read every thread on this site every day. I have work to do. Now, with respect to your comments, the "facts" of this situation have clearly changed. "Taking the hard line" and suing the dealership for "loss of use" and "emotional distress" was foolish, given the facts provided. Period. This issue is entirely different. If you can't see the difference, I'm not surprised.

I have no idea what the purchase contract says. Only the OP and his lawyer know that. Trying to provide legal advise without important documents in front of you is ridiculous. From what I can gather, the OP has cancelled the order as a result of the dealership requiring an additional $14,000 to continue the build. The contract may very well contain a clause that indicates that the"terms are subject to change at any time without prior notification on behalf of the seller". Have you ever read this before???? Duh. Only one of the most common terms in contract law. If this term is in the contract, and the OP has signed the contract, then he is legally bound to continue on with the performance of the contract. If the contract indicates that the deposit is non-refundable, he is in big trouble. Playing "hardball" has its time and place. It is impossible to know when that is without all the facts. Anyone who professes any different isn't, IMHO, providing good advise, whether it's legal or otherwise. Period.

[Patentlaw]

Ahhhhhh....no the facts did not change in the slightest. Same dealership.....same person. An additional thing happened. Same crap treatment. What fact "changed"? Everyone sees it on here but you. People are shaking their heads because they cannot believe the same crap treatment happened again to this honest person. Again, you have a problem with comprehension. I never said to bring a lawsuit for emotional distress or loss of use. Lame argument because that was never stated, at least by me.

Find out where I said to file for emotional distress....I did not and you can't say that I did. Wrong again on your part. You bring up facts and try to get them to stick, but there is no factual basis on it. Do you always argue this way? Claim someone said something when they did not?

The only one with fact problems is you. Frankly, you also have a problem with admitting you were wrong. And you state that "work it out with the dealership" was not advice........Pathetic. You saw enough time to put your two cents in before, even without "all the facts" as you state now. Nice turn around.......Typical lawyer dodge. Not successful when brought out in public however. Sorry you have a bruised ego, but time has proven you wrong. I also said "read the papers". I did not opine on the terms because I don't have them.

Keep "practicing" in court.......Most of us "represent" our clients.

[Blue T/A 2.0]

I would take your attorney's advice and sue them. Order your ACR ELSEWHERE.

[ViperSmith]

[lochnessmonster]

Ahhhhhh....no the facts did not change in the slightest. Same dealership.....same person. An additional thing happened. Same crap treatment. What fact "changed"? Everyone sees it on here but you. People are shaking their heads because they cannot believe the same crap treatment happened again to this honest person. Again, you have a problem with comprehension. I never said to bring a lawsuit for emotional distress or loss of use. Lame argument because that was never stated, at least by me.

Find out where I said to file for emotional distress....I did not and you can't say that I did. Wrong again on your part. You bring up facts and try to get them to stick, but there is no factual basis on it. Do you always argue this way? Claim someone said something when they did not?

The only one with fact problems is you. Frankly, you also have a problem with admitting you were wrong. And you state that "work it out with the dealership" was not advice........Pathetic. You saw enough time to put your two cents in before, even without "all the facts" as you state now. Nice turn around.......Typical lawyer dodge. Not successful when brought out in public however. Sorry you have a bruised ego, but time has proven you wrong. I also said "read the papers". I did not opine on the terms because I don't have them.

Keep "practicing" in court.......Most of us "represent" our clients.

Something "new happening" is the facts changing. Are you for real? Your advise to sue the dealership before was wrong. You said you would "sue them and win". You're right, I inserted emotional distress and loss of use as the causes of action. Which ones would you sue for based on the previous facts before "the change"? When was the last time you were in Court? Are you a litigator? I am. Call me at 306-268-8600 if you have the balls. We'll exchange fax numbers and I'll send you my credentials and you can send me yours, because based on your responses to the issues I don't even think you're a lawyer. Oh, and I'll want proof of when you were last in Court arguing for a client. Mine was yesterday. I can prove that with ease. Can you? In the meantime, since you didn't say it before, on what basis would you have sued the dealership based on the facts we had, and what would be your assessment of the damages? Please I'd love to have you put this in writing.

[orlanderlv]

I've been given a promise to have my refund sent to me however, it's been 4 days now and nothing. Mail in the city only takes 1 day to process and send/receive. I sent a very stern email last night with explicit details on consequences if they fail to deliver my refund expeditiously. So far no response and no refund check. I am meeting with my attorney next week to discuss litigation.

[orlanderlv]

Hi all - I'm not from the LV area so I don't know what dealer orlanderlv is dealing with. I looked through the thread I don't see anywhere the dealer or sales persons name if I could get that might help

I appreciate your response. My undergrad was in pre-law and i have spent many hours reading laws on litigation (albeit with a focus on internet and trademark law). I'd rather keep names confidential at this point until this matter is resolved. There are other steps to take once this issue with my refund is remedied. One of my businesses I own specializes in social media reporting and promotion. My agency works with several prominent local clubs and celebrities. If there's one adage in this social-prominent influential day and age, it's never mess with a person or group that can control and/or steer public sentiment through social media. This Vegas based dealership truly picked the wrong person to F over.

[lochnessmonster]

I've been given a promise to have my refund sent to me however, it's been 4 days now and nothing. Mail in the city only takes 1 day to process and send/receive. I sent a very stern email last night with explicit details on consequences if they fail to deliver my refund expeditiously. So far no response and no refund check. I am meeting with my attorney next week to discuss litigation.

Just so we are clear on "the facts" which are crucial, my understanding is that you have your car back, it has been serviced and repaired, your ACR contract has been terminated, with a written response from the dealer indicating that your deposit is being returned forthwith. Correct? Also, what is your attorney asking for as a retainer? $5000.00 usually gets the wheels on the bus moving in these parts. Or, is he/she working on a commission basis? If so, what is their commission on the damages? We max out at 33% up here, and that's pretty standard.

[orlanderlv]

Thanks for your questions. I work with a few of the most prominent nightclubs here in Vegas and am friends and to a degree, co-workers, with a couple of the attornyes for these clubs. I don't have a retainer. I do have a retainer I pay for our attorney that handles accounting and LLC related activities but that isn't the person i've asked to help out. I guess I should disclose that my group is a fairly successful and well known group in Vegas for concierge service. We work with many nightclubs, influential persons in cities like LA. One particular club owner here in Vegas is a renowned attorney so we discuss legal matters from time to time free of charge. I've been fortunate in many regards but have also worked hard to get to where I am today.

I received my refund check, finally. I've deposited it and am waiting for it to clear. Once it does, I will begin phase 2.

Does anyone have a number for Dodge to call and complain regarding my recent problems with this dealership?

[lochnessmonster]

You haven't answered my question. Which is, what is this going to cost you to litigate? And, perhaps more importantly, how do you feel you are entitled to damages? Clearly Patentlaw's advise to sue the dealership was wrong, as I indicated, because in all likelihood as soon as they were served with a cause of action, they would be retaining your vehicle and deposit until the legal matters were resolved. Period. You wouldn't have your car, and you wouldn't have your deposit. End of story. But, because you DIDN'T get lawyers involved, YOU have resolved the matter thus far with what we call in the business, a "DEMAND LETTER" which is exactly what your attorney would have written, but you would have paid $500.00 at least for that letter. Are you starting to get the picture?

[Newport Viper]

[orlanderlv]

You haven't answered my question. Which is, what is this going to cost you to litigate? And, perhaps more importantly, how do you feel you are entitled to damages? Clearly Patentlaw's advise to sue the dealership was wrong, as I indicated, because in all likelihood as soon as they were served with a cause of action, they would be retaining your vehicle and deposit until the legal matters were resolved. Period. You wouldn't have your car, and you wouldn't have your deposit. End of story. But, because you DIDN'T get lawyers involved, YOU have resolved the matter thus far with what we call in the business, a "DEMAND LETTER" which is exactly what your attorney would have written, but you would have paid $500.00 at least for that letter. Are you starting to get the picture?

All good questions and points. The promises I have from this nightmare of a dealership include additional discounts towards a new ACR, free tint, free protective sealant and last but certainly not least, my Viper has been in service for a full 2 months during the last 4. 75% of that time was due to damage to my vehicle the dealership/service department caused through negligence. It's a fairly open and shut case according to my attorney. As soon as my deposit check clears I am first going to submit a bill for my time and the time my Viper was held up in service. Then, I may seek damages through a law suit. Again, all this is preliminary. In the very least i'll use my local contacts to help me out with advertisements and opinion pieces in local magazines like LV Weekly, SEVEN magazine and others. As i've said, never screw with someone who owns a social media and PR agency.

I'm not trying to be vindictive. I just want justice.

[lochnessmonster]

I hear ya, and I understand that you feel you haven't been treated fairly, and that you may very well be entitled to some compensation for your trouble. Just make sure you do a "reasonable" cost/benefit analysis before diving into what may turn out to be a situation that is costly both monetarily and emotionally. Don't forget that the dealership has the right to counter sue for breach of contract etc. They may also pursue a slander/liable suit depending on what comments you make with social media. They will want to do everything they can to defeat your law suit in an effort to maintain their credibility in the marketplace, and I suspect the dealership has a fair amount of resources (i.e. "deep pockets") it is willing to invest (read: money, lawyers, etc.). As my grandfather would say, "Kid, there's a time to fish, and a time to cut bait. You need to be wise enough to know when that time has come, and which choice you need to make." Just remember, depending on the arrangement you have with your attorney, their suggestion to litigate may be motivated by monetary gain. I can say this, there is no such thing as an "open and shut case." As you have seen throughout this experience, things change, and if you aren't prepared to ride this out to the bitter end, you might want to cut your losses and move on. Window tint, undercoating, price reduction, and loss of use, what value would you put on all this? If it isn't worth more than you are going to pay your lawyer, you are throwing good money after bad. In any event, good luck with it. I feel your pain. I've had experiences like this before, and its hard to walk away, but sometimes that's the best solution.

[orlanderlv]

I hear you, lochnessmonster and I fully appreciate your advice. I'm pretty careful. Nothing has been done yet. I've only taken the initial steps to discuss the situation with my attorney. Also, i'm very familiar with internet law and defamation suits. Opinion pieces, citing exact details (with proof provided) are hardly ever grounds for suing on the grounds of slander or libel. It's my contract I have for the sale of the new ACR and also recorded messages (voice and SMS) that seem to have my attorney thinking we have an easy case. I'll keep everyone updated.