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Old 06-22-2010, 09:10 AM   #41
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One of the things that I read that most people are missing...

The car was delivered from another dealership for him to test drive... the people in the office got some paperwork 'on that car' from the other dealer...

SOOO, you test drive the car... the salesman goes into the office and says 'yep, he wants that car from the other dealership... what is the price' and the negotiations start... you settle on a price... drive home and everything is great.. until the other dealership says 'wait a minute.... HERE is the correct paperwork'...

Sure.. SOMEONE should have checked the VIN on the paperwork with the VIN on the car... but that was not done.. mistake...


One of the things I would do is check to see if this is a more or less honest dealership... you KNOW some are very shady and if so you can say there might be something behind the whole thing... but I would say that more than likely it was just a case of wanting to sell you something quickly (you seem to have bought it the day you test drove from what I can read)....

If I were doing this, I would try to get the deal... but if I were the dealer I would say 'no'... (well, we really do not know how much they are 'losing'... so maybe I would not)...

I would think LEGALLY you do not have a leg to stand on... one of the lawyers will chime in here... but if you do not have a meeting of the minds a contract is void... since the VIN is not the same, this is kind of proof there was not a meeting of the minds on which car was being sold.. it does not matter what was said... the written contract is what is important here..

Good luck...
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Old 06-22-2010, 09:11 AM   #42
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Let the owner of the dealership decide, he or she is where the buck stops anyways. All this talk about calling TV stations to put the dealer in a bad light is knee-jerk reactions. The owner is the only one who can settle this dispute. Throwing lawyers at it this early will do nothing but cost you money and get nowhere.........
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Old 06-22-2010, 09:14 AM   #43
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Our newspaper car writer even recommended once that new car buyers check the oil, brake fluid, and tire pressure before accepting a new car. Seems a little extreme buyer beware, but maybe not.
I'm taking delivery of a new car in the next week or so. I will be checking the VIN and the spare wheel, especially the latter since on this model the spare is a full-size alloy rim (you can rotate through 5 wheels if you want).
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Old 06-22-2010, 09:19 AM   #44
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I'm taking delivery of a new car in the next week or so. I will be checking the VIN and the spare wheel, especially the latter since on this model the spare is a full-size alloy rim (you can rotate through 5 wheels if you want).
I think everyone who reads this thread will be checking the VIN now

Good idea about checking the spare tire too. Congrats on the new car!
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Old 06-22-2010, 09:35 AM   #45
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This happened to me when I bought my honda civic 10 years ago. I don't recall the facts exactly, but the car I negotiated a deal on over the phone had a certain VIN. I gave that to the ins co, got my ins binder issued, then went and picked up my car (on the other side of the state). At some point the insurance company realized my car's VIN didn't match the VIN they had on file. The car I had originally agreed to buy was made in the US, and the car I actually received was made in Japan (not that I care really). But the VINs indicated country of origin. Not sure if there was some difference in value based on country of origin??

As it turns out, this was a different car from another dealership. I think it was their test drive car or someone had returned it, because it had 300 miles on it when I received it "new".

10 years later and it is still running fine.

To the OP, put as many miles on it as you want. Take a road trip. Then when they finally get back to you regarding the car, say "ok, here's your used car back, good luck selling it!!"
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Old 06-22-2010, 09:55 AM   #46
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I agree that I need to wait and hear from the owner. I'm hoping he takes care of it. And the other dealership is the same owner, same name, just different location.
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Old 06-22-2010, 11:28 AM   #47
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Looks like a lot of us has had wrong VIN number situations. The pattern maked be believe this isn't the exception but perhaps a tactic used in car selling. Most consumers wouldn't think to check the VIN. You'd think that is something the car dealer should check and check again, but apparently they don't.
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Old 06-22-2010, 11:33 AM   #48
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And the other dealership is the same owner, same name, just different location.
This sheds a whole new light on the "problem"

If they sent you home with the "wrong" car, after completing all the paperwork, it's their fault, period. It was their own inventory!
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Old 06-22-2010, 11:36 AM   #49
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Legally its a complex issue, and varies by state, because of the nature of state title laws, although in general the consumer wins such cases, due to the dealer's failure to exercise commercially reasonable care. But in the two cases I dealt with that are similar we called the manufacturers regional representative , who made the consumer happy.
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Old 06-22-2010, 11:42 AM   #50
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I am not sure what I would do. I would not be a happy camper, and would most likely act irrationally and give them the car back and get my money back. However, don't be surprised if they want to charge you for the miles they put on the car!
I might return the car after grumbling about it and complaining that this is terrible customer service to not eat their own mistakes for something that probably represents less than 5% of the purchase price. But at least they did show *some* good faith with an offer to meet halfway.

But if they said I had to pay for the mileage I put on the car because of *their* mistake, I would scream bloody murder.
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Old 06-22-2010, 11:56 AM   #51
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Meanwhile, I wonder what's going on with "your" car? I agree that you should get the car you drove home or get your money back. If they want you to take the other car, I bet you can find something wrong with it.
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Old 06-22-2010, 12:48 PM   #52
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Just to follow up
IMVHLO in most states the consumer "owns" the specific car on the facts as presented and has the ability to force the dealer to deliver the title for registration. There is no "mutual" mistake of fact. The consumer has "equitable" ownership rights which the court can enforce by securing legal ownership.
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Old 06-22-2010, 12:58 PM   #53
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This waiting for "the owner" to call is just a tactic. They have taken the initiative out of your hands, and can keep it until they decide what to do with you. The goal of a transactions oriented business is to grasp and never let go of the initiative.

IMO, you need to get the initiative back, right now. Don't you need to take a trip to see your dear old Mother? Didn't you buy a car when you did because you needed a full function, legally registered car right now?

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Old 06-22-2010, 01:22 PM   #54
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I might return the car after grumbling about it and complaining that this is terrible customer service to not eat their own mistakes for something that probably represents less than 5% of the purchase price. But at least they did show *some* good faith with an offer to meet halfway.

But if they said I had to pay for the mileage I put on the car because of *their* mistake, I would scream bloody murder.
If not screaming bloody murder, at least tell them you will get your money's worth telling others you know to boycott their dealership

You may have read my post sometime back with my car battery experience. I'm still getting my money's worth on that. The expression on their face was priceless when I told them I'm gonna go and tell all my friends to don't use their service
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Old 06-22-2010, 01:45 PM   #55
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If not screaming bloody murder, at least tell them you will get your money's worth telling others you know to boycott their dealership

You may have read my post sometime back with my car battery experience. I'm still getting my money's worth on that. The expression on their face was priceless when I told them I'm gonna go and tell all my friends to don't use their service
In addition to safety regulation I taught Consumer protection law for many years.
I used to send recalcitrant sellers copies of my course material (case studies of defaulting sellers). I would include a suggestion that they might make an even better example of unconscionable behavior. It was amazing how well it worked.
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Old 06-22-2010, 02:42 PM   #56
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This waiting for "the owner" to call is just a tactic. They have taken the initiative out of your hands, and can keep it until they decide what to do with you. The goal of a transactions oriented business is to grasp and never let go of the initiative.
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With all due respect, we don't know that. I am quite surprised at all the "advice" being doled out here. Just because someone bought a few cars in their life does not make them a legal expert on these matters..........
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Old 06-22-2010, 02:53 PM   #57
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With all due respect, we don't know that. I am quite surprised at all the "advice" being doled out here. Just because someone bought a few cars in their life does not make them a legal expert on these matters..........
True, we don't know that, but we don't have to know it. Perhaps the "owner" is suffering from hemorrhoids and is too uncomfortable to call. But what business do you know about that doesn't have someone that can deal with a customer who is very inconvenienced, even when the owner is indisposed? It is pretty clear at the least that the OP has not made it to the top of the stack.

I know nothing about the law involved, only the psychology and I think it is clear that OP has lost control of the situation and also that this is not ideal.

I gave and give no legal advice, only advice is to attempt to re-seize the initiative. That can't be bad, IMO. Waiting for incoming is never optimal, if you have any other options and it appears that he does.

On rethinking, maybe it doesn't matter. Be interesting to see.

Ha
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Old 06-22-2010, 03:52 PM   #58
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True, we don't know that, but we don't have to know it. Perhaps the "owner" is suffering from hemorrhoids and is too uncomfortable to call. But what business do you know about that doesn't have someone that can deal with a customer who is very inconvenienced, even when the owner is indisposed? It is pretty clear at the least that the OP has not made it to the top of the stack.

I know nothing about the law involved, only the psychology and I think it is clear that OP has lost control of the situation and also that this is not ideal.

I gave and give no legal advice, only advice is to attempt to re-seize the initiative. That can't be bad, IMO. Waiting for incoming is never optimal, if you have any other options and it appears that he does.

On rethinking, maybe it doesn't matter. Be interesting to see.

Ha
Well, with more info and all... I CAN see that the decision is going to the owner.. the new news is that the owner owns both dealerships..

So, right now I bet it is a blame game between the managers of each location... the one you bought from does NOT want to take the hit on their books, but wants the owner to tell the other manager he is taking it... so he will not agree unless he has to... if he agrees without the owner giving blessing, then he loses as the loss is already booked on his books...

I have seen some major ranting and raving on who is going to take a loss at mega... nobody wants it on their cost center if they can help it..... even if it IS their fault... we are talking bonuses here...
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Old 06-22-2010, 04:46 PM   #59
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I talked with the owner and he acted like I was just delivered the wrong car. He felt that their offering for me to basically pay half the difference was doing their part. Lets just say I disagreed. He said lets wait one more day and think it over, so we could both cool off. I still have the car and one more day won't make a difference. If he doesn't agree to the original price, I would get my money and paperwork back.

I don't plan to sit by the phone and I have tee times everyday this week.

I fully expect to take this car back and pay a thousand more to another dealer than I can buy it from them. But I'm kinda pissed.
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Old 06-22-2010, 05:19 PM   #60
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I talked with the owner and he acted like I was just delivered the wrong car. He felt that their offering for me to basically pay half the difference was doing their part. Lets just say I disagreed. He said lets wait one more day and think it over, so we could both cool off. I still have the car and one more day won't make a difference. If he doesn't agree to the original price, I would get my money and paperwork back.

I don't plan to sit by the phone and I have tee times everyday this week.

I fully expect to take this car back and pay a thousand more to another dealer than I can buy it from them. But I'm kinda pissed.
Consider just cooling off, hearing him out when he phones, and then negotiating your best deal. It may be as little as $500 or $750. The guy needs to save face. If you are pissed, no need to buy another car from him, but if this is your best deal at least think about taking it.

When I would get into a macho standoff about something my Dad would say, "well that sounds like fun, but you are taking your eye off the ball".

In every situation there is a ball, remember where it is and don't lose sight of it.

Ha
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