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-   -   Car dealership has buyer arrested because THEY sold him the car to cheap. (http://www.disboards.com/showthread.php?t=3003101)

Heidict 10-05-2012 10:26 AM

Car dealership has buyer arrested because THEY sold him the car to cheap.
 
This just blows my mind. The salesman screwed up so they have the buyer arrested? What the heck?:eek:

What grounds did the cops have to arrest him? He paid for the car in full and had the signed contract. What did he steal?

I hope he wins big on the lawsuit because there is just so much about this that is wrong.

Quote:

Chevy Dealer Errs in Sale Price, Has Customer Danny Sawyer Arrested for Theft

When Priority Chevrolet of Chesapeake, Va., mistakenly sold Danny Sawyer a new Chevrolet Traverse for less than it had intended, the dealership tried to get Sawyer to sign a new, more expensive contract. When Sawyer refused, the dealership’s staffers reportedly called police and had him arrested, accusing him of stealing the vehicle.

The charges were ultimately dropped, but Sawyer, a 40-year-old registered nurse from Chesapeake, Va., has filed a $2.2 million lawsuit, the Virginian-Pilot newspaper reported.

Dennis Ellmer, the president of the dealership, last week acknowledged his staffers erred, first when they undersold the car and then when they reported Sawyer to the authorities.

“I owe Mr. Sawyer a big apology,” Ellmer told the Virginian-Pilot last week.

Ellmer, Sawyer and Sawyer’s attorney, Rebecca Colaw, did not return messages left for them today by ABC News.

According to the lawsuit, a copy of which was posted on the Virginian-Pilot’s website, Sawyer went to the dealership on May 7 and traded in his 2008 Saturn Vue for a black 2012 Chevrolet Traverse, though he came back to the dealer the next morning to exchange the black Traverse for a blue one instead.

Sales manager Wib Davenport agreed to cancel the sale on the black SUV and sell Sawyer the blue Traverse, the suit said, adding that the contract price on the blue 2012 SUV was $33,957.55.

Sawyer took the car home later that day and left for a cruise the following day. When he returned from vacation on May 15, he had numerous voicemail messages from the dealer’s staffers on his home and work phones, as well as a letter in his mailbox from Davenport, the suit claimed.

When he spoke with Davenport, the manager told him that the staff had made a mistake in the contract and the blue Traverse was worth more, the suit said. According to the Virginian-Pilot, the blue Traverse should have sold for about $39,000.

The suit claims Davenport asked Sawyer to come in and sign a new contract reflecting the corrected price. Sawyer declined, saying he had already paid in full.

According to the suit, the dealer’s staff continued to call Sawyer’s home and job for several weeks after, and on June 15, police came to Sawyer’s home and arrested him. He was held for four hours before being released on bond. Having no car, Sawyer had to walk the five miles to his home.

The suit also claimed that Davenport continued to ask Sawyer to sign a new contract even after the charges were dropped.

Among other things, Sawyer’s lawsuit alleged malicious prosecution, slander, defamation, abuse of process, negligence and fraud.

As a result of his experience, Sawyer has suffered emotional distress, shame, loss of reputation, sleeplessness, nightmares, fear of arrest and other consequences, the court papers added.

http://abcnews.go.com/blogs/headline...ted-for-theft/

SaraJayne 10-05-2012 10:38 AM

Seriously? They had the guy *arrested* over $5,000? WTH is wrong with them?

A good negotiator could have gotten the price down to that, no problem.

At least everyone knows where NOT to buy a car in the area. :rotfl2:

CdnCarrie 10-05-2012 10:43 AM

That $5000 will be peanuts compared to what they will lose due to their damaged reputation.

wdwmom0f3 10-05-2012 10:45 AM

Quote:

Originally Posted by CdnCarrie (Post 46357283)
That $5000 will be peanuts compared to what they will lose due to their damaged reputation.

You are not kidding. ::yes::

Arielle22 10-05-2012 10:45 AM

I worked at a car dealership for 7 years. I have seen problems when a car is sold for under cost. However we never involved police in the issue.

As long as it was a mistake by the dealership and not a scam by the customer, we would have eaten the loss.

However I do think his lawsuit is playing it to the hilt with emotional distress, shame, sleeplessness, loss of reputation etc.

The Mystery Machine 10-05-2012 10:45 AM

Well, I can't say I blame him. If the dealership was harassing him to sign a new contract because of their negligence with the sale of the car, then shame on them.

That is like "bait and swtich" sort if you think about it.

Maybe the guy would have passed on the car if he knew it was 39,000.

They both agreed to the price at the time of the sale, you can't go backwards and cry foul.

My2Pixies 10-05-2012 10:52 AM

That place is right down the street from me. I know where I won't be purchasing a car in the future!

indimom 10-05-2012 10:55 AM

Quote:

Originally Posted by Arielle22 (Post 46357321)
I worked at a car dealership for 7 years. I have seen problems when a car is sold for under cost. However we never involved police in the issue.

As long as it was a mistake by the dealership and not a scam by the customer, we would have eaten the loss.

However I do think his lawsuit is playing it to the hilt with emotional distress, shame, sleeplessness, loss of reputation etc.

I think 2.2 mil is going way to far; but honestly, I think I would be highly emotionally distressed over something like this. Being drug into jail, accused of being a thief (and the fear that some people may believe these accusations even if the charges were dropped). These would be a really big deal for me. And would be more than enough to stress me out, possibly for a long time.

I think they owe him more than a "big apology." They knew darn well that he didn't cheat them. It was their mistake. It looks to me like they were trying to threaten and intimidate him into paying up after their mistake. That behavior seems almost criminal to me.

Tuffcookie 10-05-2012 11:06 AM

Quote:

Originally Posted by Arielle22 (Post 46357321)
I worked at a car dealership for 7 years. I have seen problems when a car is sold for under cost. However we never involved police in the issue.

As long as it was a mistake by the dealership and not a scam by the customer, we would have eaten the loss.

However I do think his lawsuit is playing it to the hilt with emotional distress, shame, sleeplessness, loss of reputation etc.

Normally, I would agree with you but in this case, I think he's justified and he probably did suffer all of those things!

TC :cool1:

StephMK 10-05-2012 11:06 AM

That is ridiculous and you know people had to get fired for that! I don't blame the guy for filing a suit though the amount seems unrealistic. If it went really as the story shows, those employees were way out of line.

I thought the story was going to be he got it for $3,000 instead of $33,000 or some typo like that. I don't understand what the police even arrested him for - did they ask the dealership why he was accused of theft before they arrested him?

jrmasm 10-05-2012 11:11 AM

Quote:

Originally Posted by indimom (Post 46357454)
I think 2.2 mil is going way to far; but honestly, I think I would be highly emotionally distressed over something like this. Being drug into jail, accused of being a thief (and the fear that some people may believe these accusations even if the charges were dropped). These would be a really big deal for me. And would be more than enough to stress me out, possibly for a long time.

I think they owe him more than a "big apology." They knew darn well that he didn't cheat them. It was their mistake. It looks to me like they were trying to threaten and intimidate him into paying up after their mistake. That behavior seems almost criminal to me.

If they harrassed him for weeks and had him falsely arrested for a mistake they made, I don't think it's too far at all.

What happened to the car?

Andtototoo 10-05-2012 11:11 AM

Quote:

Originally Posted by StephMK (Post 46357578)
I don't understand what the police even arrested him for - did they ask the dealership why he was accused of theft before they arrested him?

Yeah, I'd like to know why the cops arrested him. "Boo hoo, we sold a product for less than it was worth and now we want you to arrest the guy who got a good deal off of our stupidity. Boo hoo..." If that's the way it works, can I call the cops to retroactively arrest the guy who bought my first car for far less than it was worth when I was young and stupid?

FireDancer 10-05-2012 11:11 AM

The dealership was completely but I think going for millions of dollars in a lawsuit is also wrong. People should sue for actual damages not perceived emotional damage. Whatever actual damages the person sustained should be covered and possibly even doubled or trebled because of the circumstances and police involvement but I doubt personally even trebling the actual damages reaches 2.2 millions.

Another perfect example of why we need tort reform in this county in my opinion.

The police were also way out of line. What ever happened to doing an investigation and determining if the accusation is valid before making an arrest? Morons.

Laugh O. Grams 10-05-2012 11:14 AM

Honestly, what are the chances that this case ever sees the inside of a courtroom? This bad boy's got "out of court settlement" written all over it.

newt2 10-05-2012 11:15 AM

When it comes the amount of the suit, you always aim for the sky. Doesn't mean he'll get it though.

Most people don't remember that the coffee lady at McDonald's only ended up getting a fraction of what her suit was for, they only remember the 1 million initially in the news.


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