If you make a deal, do you stand by it?

[Sue J]

Sounds to me like you negotiated a deal on the car you were shown and drove. But they had the paperwork from the less expensive car without the extra options and they negotiated the deal based on the paperwork they had. You didn't know they made the deal based on the car you had not seen.

This sounds like it's their mistake and they should eat the difference or they should accept the car back and refund your money and cancel the loan. I think it's their responsibility to double check the VIN# and options package before they complete the deal.

How were you supposed to know that you were buying a car other than the one you had in front of you? Is it normal for a car dealer to sell a car unseen, complete the sale, sign the paperwork and let you drive home something else? No, they didn't realize they negotiated a deal on the wrong car. Their mistake, let them take it back and refund your money.

 

[Telly]

snip
This sounds like it's their mistake and they should eat the difference or they should accept the car back and refund your money and cancel the loan. I think it's their responsibility to double check the VIN# and options package before they complete the deal.

I agree. One or more people at that dealership are idiots. They did not do their job. They screwed up big time! To me, there is only one course of action to resolve this sorry situation...

The dealership:

1) Provides proper paperwork to dm for the car he now has, including bill of sale in the amount that was agreed upon at the time of sale (what he paid).
2) They send the correct VIN and info to DMV for the vehicle that dm now has, so the title will be correct when it arrives.
3) They apologize to dm for the mess that they have created.
4) They say they hope they can do better in the future, and throw in some free oil changes.
5) Afterwards, the senior person at the dealership kicks some *sses for an incredibly stupid multi-mistake.
6) They chalk it up to the cost of doing business, and use it as an example for why a procedure MUST be followed.

 

[scrabbler1]

Since a car can come with different packages many times a salesperson will test drive someone in a car with more or less options than the actual car you are going to buy. Options usually don't change the way a car drives in most cases so this practice is normal. Sometimes because it may be the only car in stock at the time and it could also be that the car you actually want is out of stock or buried in the back of the lot behind many other cars.

So just because you were shown and drove a particular car that doesn't mean that's the car you were going to buy.

Fascinating story and thread.

While I can't say for sure how I'd react if this happened to me, I can agree with 73ss454's post quoted above. This happened with two of the 3 cars I bought. The last one was 3 years ago. I test drove a car which was not the one I wanted to buy but was the same except for some interior options. The car I wanted to buy was buried in a lot surrounded by many other cars, and that lot's pavement was covered by a sheet of slippery ice and snow (I nearly fell on my a$$) from a snowstorm we had a few days earlier. I was able to enter that car and start the engine and look it over for a few minutes. The Inventory # on that car's keys matched what I had been following in the dealer's website so I knew that was the correct car, not the one I test drove.

 

[bruce1]

Last fall my cousin bought a car from a small dealer in Hamilton. The salesman quoted a price somewhat lower than he should, the contract was completed and my cousin made his buying decision based on the misquoted price. The dealership (owner on down) honored the contract without whining threats or demands for more money. There was never any question of the deals completion at the agreed price. They only requested that we recommend their dealership when the opportunity presented itself. This is how it should be in my opinion.

 

[Dawg52]

Sounds to me like you negotiated a deal on the car you were shown and drove. But they had the paperwork from the less expensive car without the extra options and they negotiated the deal based on the paperwork they had. You didn't know they made the deal based on the car you had not seen.

This sounds like it's their mistake and they should eat the difference or they should accept the car back and refund your money and cancel the loan. I think it's their responsibility to double check the VIN# and options package before they complete the deal.

How were you supposed to know that you were buying a car other than the one you had in front of you? Is it normal for a car dealer to sell a car unseen, complete the sale, sign the paperwork and let you drive home something else? No, they didn't realize they negotiated a deal on the wrong car. Their mistake, let them take it back and refund your money.

This summarizes how it looks to me. I would let them take it back and move on to another dealership.

 

[donheff]

It does sound like their problem. In essence they showed you a car, negotiated the deal on THAT car and then slipped in the wrong paperwork (on purpose or by accident). You could tell them that and add that you will consult a lawyer. If the salesman continues to hold out for the $1000 tell him you are waiting until you talk to the owner. In the meantime the miles keep piling up. At some point it will become a slightly used car and they will never get their extra $2K anyway.

 

[dm]

There was never a question that the car I test drove was the car that was being sold. They actually said they only had one and had it brought over from one of their other dealerships. Now they are saying that they had two cars and based their pricing on the wrong car. I don't think that they would have let me take a new car home if they didn't think it was sold.

I don't think that this is a scam, I just can't believe it is worth it to them. I think they made a mistake, they sent the paperwork over for a different car, but I never knew there was any other car.

I'm just saying that we made a deal on the car I was presented and I think they should honor that deal. It's not like I was aware that they made a mistake and was trying to take advantage of them. The car is a Mercury and I know that they are not going to be making them anymore. I assumed that they would be more interested in making a deal. The list was $34,000, that was clearly on the window of the car, and I paid $30,000.

I was suppose to hear from the owner last night, but he did not call. When I was in business there is no way that I would not stand behind the deal made. But I don't know the car business.

 

[Rustic23]

Telly +1

And if they don't call you local TV station and let their 'Consumer Reporter' have a go at it. I would also write a letter to the car manufacturer.

 

[dm]

And to be fair, the sales manager said it was out of his hands, he said he couldn't sell me the car for the price quoted. He said it was in the owners hands and I'm still waiting to hear from him.

As far as I'm concerned their options are to send me the correct paperwork for the car I have at the agreed upon price. Or give me my money back. I may pay more for the car somewhere else, but I made a deal, shook hands on it, and that's it. They can step up and say they made a mistake but are honoring the deal made.

I am not taking a car that I didn't know existed and don't want.

Hopefully I'll hear from the owner today. The wife is still driving the car and I would assume that they know that. It may just be a long test drive.

 

[dm]

I agree. One or more people at that dealership are idiots. They did not do their job. They screwed up big time! To me, there is only one course of action to resolve this sorry situation...

The dealership:

1) Provides proper paperwork to dm for the car he now has, including bill of sale in the amount that was agreed upon at the time of sale (what he paid).
2) They send the correct VIN and info to DMV for the vehicle that dm now has, so the title will be correct when it arrives.
3) They apologize to dm for the mess that they have created.
4) They say they hope they can do better in the future, and throw in some free oil changes.
5) Afterwards, the senior person at the dealership kicks some *sses for an incredibly stupid multi-mistake.
6) They chalk it up to the cost of doing business, and use it as an example for why a procedure MUST be followed.

I agree. I cant believe that they would want the bad publicity over what can't be more than a $1,000.

And they have to know that I'm going to be telling everyone I know how this pan's out.

 

[REWahoo]

I had something similar happen to me many years ago. I test drove and negotiated a deal on a new car, agreed on price with the salesman and signed my acceptance of the deal. While going through all the paperwork (and upsell attempts) with the finance guy at the dealership, I called my insurance company to set up coverage. As I read off the VIN to USAA, the finance guy got a strange look on his face, looked closely at the number and excused himself.

A few minutes later he returned with salesman who explained he had made a terrible mistake. The deal we had negotiated, similar to what happened to the OP, had been on a less expensive model. The salesman apologized profusely but the car I had test driven and "thought" I had purchased was $1,500 more because he had written down the wrong price on the "deal sheet".

To make a long story short, after multiple attempts by several different folks at the dealership to extract more money, I left without the car and said I would return the following day after consulting with an attorney. I told them I was sure it was exactly as they said, a simple mistake, but I thought it was a good idea that I understood the law with regard to bait-and-switch.

I returned late the following morning and the car was ready for pick up. My lasting impression was they really did make a mistake, but I'll never know.

 

[MichaelB]

There's something about auto sales. A reputation of constantly trying to deceive. Something similar has happened to me, to one sister, to one brother, and to my mother. This whole "it's in the owners hands" sounds to me like "I need to talk to the sales manager". Maybe. Or maybe just a tactic. Problem is, this business doesn't have credibility.

My $0.02 - give them the choice of keeping the deal as is or taking back the car, returning all your money and you find another car to buy. Today, as it seems to me time favors them.

 

[lets-retire]

He said...she said...Whatever. What can be proved? You asked the dealer for a car with specific qualifications. The dealer provided a car for you to test drive that they had delivered from another site. You looked at it. Test drove it and negotiated the sale of the vehicle presented. After the paperwork was signed, they discover they negotiated the wrong price for the car.

It could have been a simple mistake. As a general manager/owner/supervisor, I would have had some kind of process in place to ensure the vehicle delivered is in fact the one that belongs with the paperwork. This would ensure two things: 1) a happy customer and 2) a profit.

I think they are BS'ing you about the price. $4k off sticker is nothing. There has to be some wiggle room for negotiations and less than $3k is not negotiating. It's dictating. My brand of choice I go in and instantly get 4-5K off almost all of the cars, because I'm a shareholder.

What the court would decide, I couldn't tell you. What I can say is the proper response for the owner is, "Give the customer the car and a couple years free oil changes for the mental strain and to say sorry. General manager, you better be chewing some rear and/or firing someone for this screw up." The car market is too competitive for dealerships to be hard nosed with the customers when the dealership makes a mistake.

 

[Bestwifeever]

I guess we should, but do car buyers really check the VIN number on the paperwork against the car's little VIN metal plate before leaving the dealership?

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.

 

[Martha]

The car we were shown, test drove with the salesman, and took home had the voice activated navigation stuff, back up camera, ect. A $2000 option. The paper work vin # is for a car without this option. The car listed for alittle over $34,000, I paid $30,000. I would not have paid $32,000 for the car. I bought the car on Saturday, I may be to late now for the buyers remorse. But I think it would be hard for them to force me to take the other car. The salesman did mention that it was a mistake and I couldn't legaly force them to honor the deal. So I would assume this works both ways.

They might claim they made a mistake, but you didn't make a mistake. You made a deal for the car that you have in your hand for the price you paid.

To set aside a deal for a mistake generally required a mutual mistake.

I agree with you. Either they correct the paperwork or they give you back all of your money in return for the car.

 

[Texas Proud]

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...

 

[FinanceDude]

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.........

 

[BigNick]

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).

 

[Bestwifeever]

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!

 

[FUEGO]

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!!"

 

[dm]

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.

 

[easysurfer]

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.

 

[Westernskies]

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!

 

[Emeritus]

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.

 

[ziggy29]

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.