just another bad stealership story

sf_firestarter · 03-15-2005, 02:48 PM

On February 25, 2005, I Contacted Metro Toyota of Cleveland, Ohio regarding a vehicle they had listed on Automart.com. The vehicle is a 2002 Honda S2000.

On March 1st I spoke to Jennifer Zielinski and told her that I wanted to buy the car and agreed to a purchase price of $22,000. I then asked what I had to do next. She informed me that a deposit should be placed and paperwork signed to complete sale of car and to prevent it being sold to someone else. Jenny then faxed three documents to me which I signed and returned by fax. The documents included a purchase agreement, a work order form and a credit application. I also agreed to a deposit of $1000 to be paid by the visa card I had provided previously.

On March 3rd I received a fax confirmation that the deposit had been processed and a receipt for the transaction as verification of payment of $1000. The car was also indicated as sold on the receipt.

I then informed Jennifer that I wanted to work out the details for full payment and shipping. They offered loan me financing which I declined as I chose to use my own financing. Jenny asked when I could send in full payment. I replied that payment will be sent out on Friday and she said that would be fine.

On March 4th I notified Jennifer that the checks would be going out today and that I would contact her on Monday to make shipping arrangements.

I attempted to contact Jennifer on March 7th and 8th and left voice messages with no reply.

ON March 9th I contacted the sales manager to ask what was happening with the transaction. More specifically I wanted to know if the check had been received, I also told him that I needed to begin arranging shipping, and that I would like a response by the end of the day. I did not receive a return call from the sales manager.

On March 10th in the A.M. I received a call from Jennifer, in which she stated that the car was no longer on the lot. When I asked what this meant, she further explained that the car had been sold to a wholesaler. She also said that, ?maybe if I had been willing to pay more they would not have sold the car to someone else.?

Later that afternoon I contacted the G.M. Ken Schneider regarding the matter. He stated that the car had been sold to a dealer. He further stated that they could not get the car back and did not know how to resolve the problem. I told him I wanted my car, that I had purchased the car and it was not within his rights to sell it. I informed him that I had put a deposit on the car, signed a purchase contact and sent in full payment and that he was under a contractual obligation to provide the car. He then told me the car was now titled with the new owner and there was no way for him to get the car back.

What should and can I do?

link to discussion on S2ki...
http://www.s2ki.com/forums/index.php...T&f=1&t=274732

Metro Toyota in Cleveland

wowowox · 03-16-2005, 07:17 AM

i guess u r best bet would be calling the 3B ...

jcool · 03-17-2005, 03:57 AM

Cheeky muddyfunsters! Have my own dealership story - was sold a '01 S2000 which was described as GT, and on the checksheet they'd ticked that the rear window heater worked.

Realised after I bought it that not only did it not work, but there was no button to switch it on. Wrote & rang, but the sales manager ignored all my phonecalls & letters. Wrote to customer services, but they said it wasn't their problem coz the dealerships are franchised. T'was only when I started involving the media that suddenly their MD was available and sorted things out.

Swines...

koy59agi · 03-19-2005, 07:59 PM

Wow! What a disapointment. I can only advise you to seek legal counsel. In Delaware you could sue for specific performance. They could be made to sell you a comparable car for the agreed price and for legal costs.

Iconoclast · 03-20-2005, 11:04 AM

that sucks man

Luckyace · 03-21-2005, 04:21 AM

Contact your lawyer(s) and sue their ass
make sure you still have all your paperworks and receipt
SUE for every penny they have!!!

dml256 · 03-22-2005, 02:06 PM

I know what i would do: I'd show up at their lot at around 3 AM with a baseball bat and do about $22,000 worth of damage on their windshields. Those dirty rotten criminals.

RUCrash · 03-23-2005, 09:25 PM

Definately get some legal help. You should be able to get them to locate and sell you a comperable car at the negotiated price (even if it means a loss to them) since you have signed a purchase contract. If not, I am sure their business manager would be willing to do a LOT to not have a breach of contract suit against them broadcast on the local media. Call a few lawyers for info, and get your local news stations involved. No news travels like bad news!

03-15-2005, 02:48 PM	#1 (permalink)
sf_firestarter Junior Member Join Date: Mar 2005 Posts: 1	just another bad stealership story On February 25, 2005, I Contacted Metro Toyota of Cleveland, Ohio regarding a vehicle they had listed on Automart.com. The vehicle is a 2002 Honda S2000. On March 1st I spoke to Jennifer Zielinski and told her that I wanted to buy the car and agreed to a purchase price of $22,000. I then asked what I had to do next. She informed me that a deposit should be placed and paperwork signed to complete sale of car and to prevent it being sold to someone else. Jenny then faxed three documents to me which I signed and returned by fax. The documents included a purchase agreement, a work order form and a credit application. I also agreed to a deposit of $1000 to be paid by the visa card I had provided previously. On March 3rd I received a fax confirmation that the deposit had been processed and a receipt for the transaction as verification of payment of $1000. The car was also indicated as sold on the receipt. I then informed Jennifer that I wanted to work out the details for full payment and shipping. They offered loan me financing which I declined as I chose to use my own financing. Jenny asked when I could send in full payment. I replied that payment will be sent out on Friday and she said that would be fine. On March 4th I notified Jennifer that the checks would be going out today and that I would contact her on Monday to make shipping arrangements. I attempted to contact Jennifer on March 7th and 8th and left voice messages with no reply. ON March 9th I contacted the sales manager to ask what was happening with the transaction. More specifically I wanted to know if the check had been received, I also told him that I needed to begin arranging shipping, and that I would like a response by the end of the day. I did not receive a return call from the sales manager. On March 10th in the A.M. I received a call from Jennifer, in which she stated that the car was no longer on the lot. When I asked what this meant, she further explained that the car had been sold to a wholesaler. She also said that, ?maybe if I had been willing to pay more they would not have sold the car to someone else.? Later that afternoon I contacted the G.M. Ken Schneider regarding the matter. He stated that the car had been sold to a dealer. He further stated that they could not get the car back and did not know how to resolve the problem. I told him I wanted my car, that I had purchased the car and it was not within his rights to sell it. I informed him that I had put a deposit on the car, signed a purchase contact and sent in full payment and that he was under a contractual obligation to provide the car. He then told me the car was now titled with the new owner and there was no way for him to get the car back. What should and can I do? link to discussion on S2ki... http://www.s2ki.com/forums/index.php...T&f=1&t=274732 Metro Toyota in Cleveland

03-22-2005, 02:06 PM	#7 (permalink)
dml256 Junior Member Join Date: Mar 2005 Posts: 4	i know what i would do I know what i would do: I'd show up at their lot at around 3 AM with a baseball bat and do about $22,000 worth of damage on their windshields. Those dirty rotten criminals.

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03-16-2005, 07:17 AM	#2 (permalink)
wowowox Senior Member Join Date: Aug 2004 Posts: 313	i guess u r best bet would be calling the 3B ...

03-17-2005, 03:57 AM	#3 (permalink)
jcool Junior Member Join Date: Mar 2005 Posts: 2	Cheeky muddyfunsters! Have my own dealership story - was sold a '01 S2000 which was described as GT, and on the checksheet they'd ticked that the rear window heater worked. Realised after I bought it that not only did it not work, but there was no button to switch it on. Wrote & rang, but the sales manager ignored all my phonecalls & letters. Wrote to customer services, but they said it wasn't their problem coz the dealerships are franchised. T'was only when I started involving the media that suddenly their MD was available and sorted things out. Swines...

03-19-2005, 07:59 PM	#4 (permalink)
koy59agi Junior Member Join Date: Mar 2005 Posts: 6	Wow! What a disapointment. I can only advise you to seek legal counsel. In Delaware you could sue for specific performance. They could be made to sell you a comparable car for the agreed price and for legal costs.

03-20-2005, 11:04 AM	#5 (permalink)
Iconoclast Junior Member Join Date: Mar 2005 Posts: 5	that sucks man

03-21-2005, 04:21 AM	#6 (permalink)
Luckyace Member Join Date: Apr 2004 Posts: 49	Contact your lawyer(s) and sue their ass make sure you still have all your paperworks and receipt SUE for every penny they have!!!

03-23-2005, 09:25 PM	#8 (permalink)
RUCrash Junior Member Join Date: Mar 2005 Posts: 4	Definately get some legal help. You should be able to get them to locate and sell you a comperable car at the negotiated price (even if it means a loss to them) since you have signed a purchase contract. If not, I am sure their business manager would be willing to do a LOT to not have a breach of contract suit against them broadcast on the local media. Call a few lawyers for info, and get your local news stations involved. No news travels like bad news!