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Old 10-05-2012, 03:00 PM   #46
Albort
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Quote:
Originally Posted by mrsklamc View Post
He might have known it was an awesome deal, doesn't mean he had any intent to be dishonest. Several DIS'ers ordered boots from Kohls a week or so ago for less than $10, regular price $125. Doesn't mean we should have any reason to think there was anything wrong with the sale. This guy doesn't run a car dealership, he has no idea if $6,000 savings on a $39,000 car is a clearance sale.
This is very true... Once a sale is completed, theres no way for the company to take it back... ive seen tablets that retail at $399 sold for $100, some people who got it at opening were able to snag a deal. Of course the store put it to a stop after 1-2 sales but you cant just call the police and make ppl return items back into the store...

If thats the case, if i bought a car overpriced, i cant call the police claiming robbery & fraud on the dealership...
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Old 10-05-2012, 03:07 PM   #47
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There's a reason they're called punitive damages.

You ask for a high amount because a. doesn't mean you'll get it, but you go in high, and b. because the point of punitive damages is not to compensate you exactly for things like suffering, those are intangibles that usually get the lower portion of the award, depending of course.

The point is to punish a business enough for the business to notice. That's the McD's original verdict. That's the tabacco verdicts, etc. If a business is large and making money, awarding someone like, a day's profits or whatever isn't going to wake them up to that they screwed up. Hence juries will sometimes give out very large awards. It's meant to slap a business across the proverbial face and say 'you cannot do this again, we're serious.'

That said, I think he'd have a decent case to get most of that given he's got an arrest on his record, his prints are in the system, he was actually harrassed, arrested, etc.
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Old 10-05-2012, 03:07 PM   #48
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I have never been a litigious person, but I hope he gets a big settlement out of this.
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Old 10-05-2012, 04:19 PM   #49
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Quote:
Originally Posted by ICF View Post
Can't believe a cop arrested and booked the guy for this!!

I also figure he got the car for 3K -- $33K for a $39K car isnt even close to "stealing" the car.

While $2.2M might be high to ask for, he was arrested...spent 4 hours in jail and I'm sure did endure a fair amount of stress given the calls/letters and such -- not to mention bad press as well.
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Originally Posted by rigs32 View Post
Many if you are assuming the dealership truthfully explained the circumstances to the police.
Quote:
Originally Posted by FireDancer View Post
That shouldn't matter. The police should have investigated the claim by the dealer fully before arresting the man. Anyone can accuse anyone of doing anything. Before an arrest is made those accusations should be fully investigated.
If you come in a swear out under pains of perjury that the vehicle is stolen it would be for the courts to decide, after arrest.

I hope he gets every dime he needs to clear all this off his record, that will be considerable. Also if you have ever had to sit in jail and know you are innocent it is HELL!!! Trust me we just went through this with SO's ex wife.
Have you ever see a grown man cry after he spent 14 hours in jail?

I hope he gets every dime & I hope that whoever in the dealership made the formal complaint is not only fired but prosecuted!!!
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Old 10-05-2012, 05:32 PM   #50
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This happened in my bff's town. her husband knows the owner of the dealership and says he's a sleazeball.
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Old 10-05-2012, 05:37 PM   #51
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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?
The dealership lied to the police stating he stole the vehicle.
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Old 10-05-2012, 05:48 PM   #52
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This sounds like a civil matter to me rather than a criminal one. But I'm not sure of the laws of the state the dealership was in. In some states, a civil arrest can be made and the cops will make it. However, if you're wrong and you make such an arrest, you're subject to prosecution and or civil suit yourself. Personally, if I'm that business, I notify the customer that we made a mistake on price but that we're honoring it. The smart thing to do for that business was to eat the 5k. In any case, I wouldn't have him arrested. Think of the difference between WOW. THEY MADE A 5K MISTAKE AND THEY HONORED IT. YOU CAN TRUST THESE GUYS, and WOW, THESE GUYS MADE A 5K MISTAKE AND HAD ME ARRESTED.
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Old 10-05-2012, 06:19 PM   #53
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Quote:
Originally Posted by Tuffcookie
I work on the civilian side of law enforcement. I have seen instances where the alleged victim (in this case, the car dealership) does not file a police report but goes directly to the county prosecutor's office. In a case like this, it would be the prosecutor's office filing the charges.

TC
That wouldn't happen in NY
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Old 10-05-2012, 06:24 PM   #54
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A different perspective

Consumerist article link here with my bolding.

Chevy Dealer Really Sorry About Having Customer Arrested Over Pricing Error
October 3, 2012 By Chris Morran

When the folks at a Chevy dealership in Virginia realized they had accidentally sold a customer a car for $5,600 less than they should have, they could have just eaten the difference and stewed about it for a bit. Instead, they tried to get the customer to pay the extra money — and then had him arrested for car theft when he refused.

According to lawsuits filed by the customer, he test-drove a blue 2012 Chevrolet Traverse back in May, but when it came time to actually buy the vehicle, he opted for a black one. He signed a promissory note and traded in his old car.

The next day, the customer decided that he really wanted the blue one after all and brought back his new Traverse to see if he could swap them out.

The swap seemed to go down without a hassle, but the customer says no mention was ever made that the blue Traverse costs several thousand dollars more than the black one. The dealership’s sales manager says the customer verbally agreed to pay the higher price. It doesn’t really matter because the contract that everyone signed was for the lower amount.

After getting his blue Traverse, the customer provided a cashier’s check for the approximately $34,000 listed on the contract and drove off into the sunset or something.

But within a few days, the dealership began contacting the customer, telling him that a mistake had been made in the contract and that he had to come by the dealer and sign a new contract for the higher amount.

The sales manager tells the Virginian-Pilot that the customer initially agreed to the higher price but then balked.


So, after further attempts to contact the customer, the dealership contacted police, and he was arrested on charges of theft.

The charges were subsequently dropped after prosecutors determined that there was insufficient evidence.

The dealership’s manager first told the Virginian-Pilot that the police were only asked to help locate the Traverse while the dealer pursued a civil action. He claimed there was no intention of having the customer arrested or charged with theft.

But then he did a little digging and found out that someone at the dealership had indeed told the police that the SUV was stolen.

A rep for the police tells the paper that the person at the dealership knew in advance that the customer was going to be arrested if found.

“This shouldn’t have happened,” said the manager of the group that owns the dealership along with several others in the region. “I owe [the customer] a big apology.”

He says he intends to let the customer keep the disputed cash.

“I can’t tell you how I plan to fix it, but it is my intention to make it right,” he tells the Virginian-Pilot.

Meanwhile, the customer’s attorney says that “An apology is not enough.”

The lawsuit, which alleges malicious prosecution, slander, defamation and abuse of process, seeks $2.2 million in damages.

Dealership apologizes for error, customer arrest [HamptonRoads.com via AutoBlog.com]


Looks like a 'he said, she said'. We'll never know the truth. The dealership was at fault for accepting his check for the incorrect amount and not getting signatures on the proper paperwork with the correct purchase price.
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Old 10-05-2012, 06:35 PM   #55
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As a Nurse every single time this guy applied for a job and they run the check, they are going to find grand theft auto on his record. It may say " found not guilty" but a lot of jobs are not going to call you and ask for your side of the story, they will just rescind their offer and say they chose someone else. So now every single job he ever applied for, he has to start the interview with "oh by the way, you might find this on my background check" . That is not a good way to start off.
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Old 10-05-2012, 06:35 PM   #56
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Quote:
Originally Posted by dare2dream View Post
Consumerist article link here with my bolding.

Chevy Dealer Really Sorry About Having Customer Arrested Over Pricing Error
October 3, 2012 By Chris Morran

When the folks at a Chevy dealership in Virginia realized they had accidentally sold a customer a car for $5,600 less than they should have, they could have just eaten the difference and stewed about it for a bit. Instead, they tried to get the customer to pay the extra money — and then had him arrested for car theft when he refused...
So in reality, the sales manager doesn't deserve our ire and a pink slip, he deserves a medal and pay raise. If you don't believe it, just ask him.
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Old 10-05-2012, 06:43 PM   #57
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[QUOTE=dare2dream;46361008
Looks like a 'he said, she said'. We'll never know the truth. The dealership was at fault for accepting his check for the incorrect amount and not getting signatures on the proper paperwork with the correct purchase price.[/QUOTE]

Except it's not 'he said, she said' - or in this case 'he said, he said,' - because there was a signed contract. The entire purpose of a contract is to keep it from ever being 'he said, she said.'

And for some reason an identical vehicle in blue costs $6,000 more?
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Old 10-05-2012, 07:27 PM   #58
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Originally Posted by surfergirl602 View Post
The dealership lied to the police stating he stole the vehicle.
So they just take a complaint at face value, make no effort to find evidence and arrest somebody?

Fascinatingly variable set of rules about what leads to arrests in this country given that I've sat thru intakes with rape victims and watched the cops treat them like they are scum and accuse them of lying through their teeth even with visible and obvious signs of physical trauma and refuse to make an arrest because of "insufficient evidence." But a car dealer only has to say, "That guy stole my car" and Boom, even though the guys has title and registration, he gets slapped in cuffs? Interesting.
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Old 10-05-2012, 07:43 PM   #59
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Originally Posted by dakcp2001 View Post
As a Nurse every single time this guy applied for a job and they run the check, they are going to find grand theft auto on his record. It may say " found not guilty" but a lot of jobs are not going to call you and ask for your side of the story, they will just rescind their offer and say they chose someone else. So now every single job he ever applied for, he has to start the interview with "oh by the way, you might find this on my background check" . That is not a good way to start off.
They can have it expunged.
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Old 10-05-2012, 08:08 PM   #60
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I live in Virginia. EVERY car (total of 4) we have ever bought or financed at a dealership, we have gotten the call a few days later that we owed them money. It has ranged from $500-$2500. We never paid it and offered to bring the car back and void the deal, but the dealership always ate their mistake. This even happened the time we paid with a cashiers check, like the guy in the article. I absolutely hate dealerships and refuse to buy a car from them ever again.
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