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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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Purchased vehicle in Reno, Nevada Thursday, July 16, end of

Customer Question

Purchased vehicle in Reno, Nevada Thursday, July 16, end of day. Purchase was made, based on misrepresentations from sales person. Told vans, of which there were four of them, these were 2014 leftover inventory, lack of demand, getting rid of at cost, were marked down 10k from msrp, making no profit. Negotiated 2k additional discount, was told would get cash back. So, agreed to msrp, less 12k. Prior to signing contract, found there is a 2k vehicle rebate from manufacturer, which was not mentioned. I was writing a check for purchase, and they had me wait, wait, and wait. Finally, said I had to leave, so a guy comes out, with printout off computer (not a contract) and had deal number, contract date, and numbers on it. There was no msrp sticker, and I assumed these numbers were what I was told, wrote check, and left. The sales person followed me home, driving the new vehicle, and the person that picked him up, got signatures from my husband and I. We were not provided a copy of the contract, but did not realize this, because was on a bike ride, when they stopped to get signature. I assumed the papers were left with us, and did not realize we had none until Friday. I called several times to get the papers, but was told there people were gone, with a big sales event going on at the Grand Casino. I also contacted our sales person on Friday afternoon, and he said a person named Tony will get it ready, and would let me know when done. Did not hear back until Saturday around 2pm. I also informed sales person, that the van had been delivered, and we did not even have temporary license plates. I drove to dealership, and went to business office, and person gave me documents. Walked out, and looked at the contract, and wanted to verify the msrp price listed. Ran into sales person, and he said the msrp sticker price was in glove box of the van, which was at home. After getting home, found the msrp inside glove box, as was mentioned, and the price was different by just over $3000.00, as well, there was no mention on the contract of the $2000.00 cash back. Immediately contacted sales person - and informed the contract price was incorrect, and need to check into discrepancy today. I also called the dealership
several times, and informed business office people work Mon-Fri, and the others were at the Grand Casino for the auto sale, and would be Monday before someone could get back to me. Meanwhile, sales person texted me a sticker price with higher amount, with dealer mark-up of $2960 + another fee of $79.95, of which the $79.95 for the same thing was included on the sales contract. Now, the sales person is telling me, I have the wrong sticker, and the one that was on the van must have been thrown away, when the vehicle was cleaned. Told me his manager was off, and he would have him call me tomorrow. By this time, my opinion was the sale price was misrepresented, I was unable to get hold of anyone, and felt the best option was to place stop payment on the check, which was done Saturday night. The salesman's manager called me Sunday evening, after I contacted sales person again, to find out when I would be called. The manager basically told me I had the incorrect msrp sticker, matter of factly, that was that, and I signed a contract. He did agree there was an overcharge of the $79.95, and there was no mention of the 2k cash back. Did not hear from anyone else, and was unsure if my stop payment would be honored, until Monday/Tuesday, because banking activity updates in middle of night. Finally, Tuesday early morning, emailed sales person, and informed stop payment was placed on check, and van would be returned. Received text back from sales person, that the DEAL was 10k off of $73k plus 2k cash back and that's what your getting. The vehicle isn't returnable. We are doing what we agreed to. The vehicle has not been driven, and had not heard from the dealer, I suspected, because they had not received the returned check. They got this yesterday, Thursday, which is when I got call to meet with the general manager. My plans currently are to drop the van by the dealership this morning, at 7am, when the service department opens, and leave keys in an envelope, with copy of the msrp sticker, photo of mileage on vehicle, and some other photos. No matter what, we do not like the business practices of the sales people, and do not want to do business with them. We want van returned, and have been in contact with the van conversion representative, to purchase from another dealer. We were also informed the msrp sticker I have is the correct msrp sticker, and I feel the reason we were not shown the other, assuming they had it, was that is showed the dealer profit, when they told us they were not making money on the deal. If I had seen it, we would not have agreed to it, when they specifically said otherwise.
Appreciate advice?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.
I am sorry to learn of this situation.Unfortunately, these claims can be kind of tough as they are a "he said/she said" dispute where it is a question of credibility between the two of you over what was stated in the negotiations (not that you cannot win such a suit, but take this into consideration when determining how much time and resources you are willing to put into pursuing a resolution).You can pursue a tort claim of "Fraud in the Inducement" (they misrepresented a material fact which you relied on in entering into the contract). This makes the contract "voidable" (you, as the injured party, can void or enforce the contract at your option).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.You can also try filing a dispute with the BBB (the BBB is fast, free, and can be effective - it has no enforcement authority, but filing a claim with the BBB will not compromise your claim with any future suit - so you don't lose anything by trying it first):
Customer: replied 2 years ago.
Thank you for your response. Specifically, I want to know about returning van to dealership immediately this morning, since payment for van was stopped. Basically, they do not have the money.
Customer: replied 2 years ago.
would this not place the burden of lawsuit on them to file?
Expert:  CalAttorney2 replied 2 years ago.
Please keep in mind, I cannot give you formal legal advice on this forum. We cannot substitute for local legal counsel, and nothing we provide here is more than "general legal information" Stopping payment on a check is equivalent to passing a bad check and you open yourself up to criminal (misdemeanor) prosecution, as well as civil suit for breach of contract.You are generally better off dealing with this proactively.If you want to try punishing their business practices, report them to the NV Attorney General, but simply returning the van and stopping payment on the check is probably not in your best interest.
Customer: replied 2 years ago.
Are you licensed Nevada attorney. Is there not a 3 day right to rescind contract.
Customer: replied 2 years ago.
I heard that if you write a check, and don't have money to cover It, then yes, charges can be brought, but if you did not write a "hot check", but stopped payment, this is different?
Expert:  CalAttorney2 replied 2 years ago.
I am not licensed in Nevada, but the legal principles I am providing to you are Nevada law.The 3 day "cooling off period" does not apply to motor vehicle sales (in fact, it applies to very few contracts - time shares, and "door to door" sales fall under the statutory 3 day cooling off period).Cancelling a check creates the same liability as writing a check without funds. The law is based on writing a negotiable instrument without funds. ("willfully intend to defraud another").
Customer: replied 2 years ago.
There was no willful intent to defraud - the check was cancelled, after copy of contract provided, and it was different than was discussed. Doesn't the dealership have some responsibility? Like, don't they have responsibility to provide documents at the time of signing? If I drop the new van at the dealership, am I going to be arrested, and taken to jail?
Expert:  CalAttorney2 replied 2 years ago.
I don't think you are going to jail, but I do think you need to get a resolution with the dealership.A passive/aggressive approach to this isn't going to work.If you cannot reach a resolution through direct negotiations, try hiring a mediator (contact the Washoe County Bar Association for referrals).
Customer: replied 2 years ago.
are you saying I should speak to the general manager, who has requested this. To be honest, I have no plans to do business with them, due to their business practices, and I have no problem talking to the general manager regarding what was done. They can certainly resell the van- as it has not been driven, except by the sales person that delivered it. It is not like they are "out" a bunch of money, or that title would be transferred, since I think they have to wait 20 days, or something like that.
Expert:  CalAttorney2 replied 2 years ago.
Yes, I do think you should speak with them, and I do think you have some negotiation leverage (see the information above re: "fraud in the inducement" and reporting to the NV AG's office).Make sure to get any resolution in writing.
Customer: replied 2 years ago.
so, in assuming, they take back the van, get this in writing? I cannot go meet with them, and then leave with the van, because then I would have to make payment (since the check was cancelled), and I have no plans to keep the van from this dealership, even if they said, hey, we will give you additional 8k off this van - we do not want the van from this company, because of what happened.
Expert:  CalAttorney2 replied 2 years ago.
I cannot advise you on what to do as far as settling this matter with them. You have a contract that you entered with them. You have some legal defenses you can use (including a defense that you can arguably use to make the contract void). I also believe that you understand that litigation is inherently risky (meaning there is no guarantee you would win your case) so there is necessarily going to need to be some negotiation room when you go to the dealer. You also have the threat of making a report to the NV AG (I don't know how seriously they will take this (some businesses are more concerned about this than others). (Some businesses also care very much about threats for negative social media - this of course isn't legal advice, it is simply something you may find useful when negotiating).
Customer: replied 2 years ago.
Ok, thank you very much. Have a good day.
Expert:  CalAttorney2 replied 2 years ago.
You are welcome, and I do wish you the best with this matter.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.Thank you again, and again I wish you the best.Bill