Bait N Switch? What do I do now?

[efusco]

And if you have phone records that could be handy too, to prove that that package #3 is yours and was promised as yours.

[Freedom]

Originally Posted by efusco

I'm sorry, I thought you were getting a higher MSRP...I guess I'm confused then...are you saying they're trying to charge you OVER MSRP or that you'd negotiated a price below MSRP initially?

We negotiated a price below MSRP initially.

I called Toyota Customer Relations. All they do is give you a reference number and send your complaint to the "dealer's" customer service representative. So I've done that.

I've also called the State Attorney General, Consumer Protection section, learned how to file a complaint with them.

[a priori]

Originally Posted by Freedom

We negotiated a price below MSRP initially.

I called Toyota Customer Relations. All they do is give you a reference number and send your complaint to the "dealer's" customer service representative. So I've done that.

I've also called the State Attorney General, Consumer Protection section, learned how to file a complaint with them.

OK.

Now you've decided to fight them. The only way to get this done right is to go to a local attorney who handles commercial contracts. Get a half-hour session ASAP with the attorney and find out whether you have an enforceable contract. Find out whether the actions of the dealer constitute a breach of the contract. I know they have not failed to produce the car (they haven't even received it yet), but there is such a thing as an anticipatory breach. They've just told you they will not honor their side of the bargain. This means they are in breach. The easy solution is for them to produce the car as promised and for you to pay the contract amount. If they cannot separate the Toyota add-ons, then see if they would be willing to have you purchase them at the dealer's cost. You then could hold them, use them or sell them on eBay.

Really, though, the cost differential is not going to be worth much of a fight. Paying a lawyer for one-half of an hour may not be cheap, but it will be less than the current overcharge. Paying for a lawsuit is going to be expensive. Meanwhile, you will not have the Prius.

And don't forget this: If you accept the car and pay the money, then you will have no further claim.

[Paducah Dave]

[FONT='Verdana','sans-serif']I am a salesman in Paducah Ky. Did you both sign an agreement and did you give a deposit on the Prius you were interested in? A deposit (in most states ) will lock in the price unless the MSRP has risen. Still I am amazed that a dealer would offer to sell you a Prius at sticker or less. That makes no sense because in this market the Prius is a serious commodity. While Toyota dealers are making more profit on Prius, Corolla, Yaris and Matrix models, dealers are losing thousands of dollars in profits Tundras, 4-Runners and Sequois. It is the just ebb and flow of the market. [/font]

[Paducah Dave]

Originally Posted by Freedom

We negotiated a price below MSRP initially.

I called Toyota Customer Relations. All they do is give you a reference number and send your complaint to the "dealer's" customer service representative. So I've done that.

I've also called the State Attorney General, Consumer Protection section, learned how to file a complaint with them.

Whoa Freedom. That is not the approach most dealers will repsond to. Once a Toyota is sold, Toyota Corp will send consumers surveys to see how thier experiance was at the Dealer level. THESE SURVEYS ARE TAKEN VERY SERIOUSLY by the Dealers. If a dealer believes there is a danger in a bad survey from you, many times they will pass on selling you a car. Especially a Prius. A dealer would rather sell to someone else that will give them a good survey.
The dealer will correctly assume that someone that has called the State Attorney, Consumer Protection section and Contacted Toyota Customer Relations is someone that will definately trash the dealer on the survey if the dealer sold that someone a car.

[a priori]

Whoa, Paducah Dave! (And welcome to PriusChat, and thank you for your first two posts.)

If the dealer is so concerned, then the dealer should honor the contract.

If what Freedom has is not a binding contract, then the action of going to the Attorney General and others certainly will label Freedom as a big risk. On the other hand, if the contract is as Freedom has said, then the dealer has taken an even bigger risk by not honoring the deal. There was a time to negotiate the price, and it was before signing the deal.

What is your response to the dealer's statements that the add-ons were done by Toyota and are out of the dealer's control? If this is the case, then the dealer should have put language in the contract to cover it. After all, who wrote the contract? Believe me, such add-ons, if they are not mentioned in the contract, will not be the buyer's responsibility. If the dealer and Toyota are bound by a separate agreement, then the dealer has to live with it, not Freedom.

[Paducah Dave]

In a perfect world The Dealer would honor the agreement. Most Dealers will. We are only hearing one side of the story but it sounds like maybe this Dealer got greedy. In the Automotive business a deal is not a deal till the car crosses the curb onto the public streets with a temp registration in the name of the new owner. Up to that point the car belongs to the dealer. Many customers have changed thier minds after they signned contracts and refused to "TAKE DELIVERY" of thier new car. The dealer can do nothing but put the car back in stock and return the downpayment.

About add ons If they are added by the regional there is nothing the dealer can do about it. Different regions have different add ons. Dealer do not always know what add ons if any the region may add. Prius and all other Toyotas are not ordered by the dealer but they are allicated to the dealer. The dealer may request a color and option list from the factory and the factory will usually preferance the car toward that dealer but it is not a guarantee. It depends on how many cars the dealer is selling for toyota and believe it or not the factory / regional office looks hard at the dealers survey scores from previous customers when deciding on which dealer gets the most desired cars.

Sorry I tend to ramble I hope this answers your questions.

[Freedom]

Originally Posted by PaducahDave

Did you both sign an agreement and did you give a deposit on the Prius you were interested in?

Yes, exactly right.

Originally Posted by paducahdave

Whoa Freedom.

Haven't filed with the State. YET. I am REALLY upset over this, I have a contract for $X and I want that car!!!

I just phoned Better Business Bureau. This dealership has 28 complaints in the past 3 years, but 22 are in the past ONE year, and more than HALF are for sales practices. Also, they are currently not in good standing with BBB.

[bac]

Originally Posted by Freedom

I'm furious and stumped what to do.

Call Toyota corporate (edit: sorry, just read that you've already done this). Tell them about the shady way this dealership is doing business. They should straighten it out. If they don't, I would demand my deposit back, and begin looking again.

Some dealerships are just thieves - sadly, there's no way around it. Feel free to drop their name here. At least someone may benefit (by staying FAR away) from your bad experience.

.... Brad

[subarutoo]

Its a car dealer. What do you expect? Mine was $500 over the agreed on internet price when I got there. (Added pinstripes, door and wheel moldings). How bad do you want the car? I paid the extra, drove out happy. At least you got some added value, not just a jacked price for the same car. Write the check, or walk, its your choice. I wrote the check.