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Considering suing a local dealer

Discussion in 'Dealers & Pricing' started by texasshawshank, Apr 7, 2017.

  1. texasshawshank

    texasshawshank Member

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    Hi all, last year I shared my horrible experience with a local dealer and now I am considering suing the dealership for breaching the contract and possible deceptive trade practice.

    Here is a brief chain of events:

    Late June I placed a special order for 2016 Prius three not III, only 2010 Prius used uppercase Roman numerals for model designation with AT package, because gst doesn't carry the model. At the time I was told (1) it will take two weeks to confirm in the system , (2) it will take 8-10 weeks for the order to arrive, and (3) deposit is refundable.

    In July and august for two months the dealer didn't return my phone calls or respond my emails, nor providing any perfect update.

    On august 30 he finally returned my voice message and told me Toyota had stopped taking 2016 model orders and they ordered me a 2017 model instead, before he started to pressure me to buy it at MSRP. Of course I rejected it.



    Because a precious two months have been wasted, no other dealership was able to order it, even worse, I can't even find enough inventory of the 3touring models as a substitute.

    At the end I had to buy one from Carson Toyota in California and paid $550 to ship it to Texas.

    Later when I asked for the deposit back in November, for the first time I was told special order deposit is not refundable!

    I suspect it's the dealer's strategy to lure customers with false statements into a purchase commitment around model your change over then force them to buy a new model at a higher margin.

    Several key questions I need to find out are:

    (1) how does Toyota ordering process work?

    (2) when is the exact order cutoff date for a model year? Especially for 2016?

    (3) When the model year dealer orders is not available any more, would Toyota supply the newer model year without consulting the dealer?



    Is there anyone here able to help me out?



    Thanks in advance,
     
    #1 texasshawshank, Apr 7, 2017
  2. Tideland Prius

    Tideland Prius Moderator of the North
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    Maybe private message @Prius Team ? They'll be able to help out with the first two point at the minimum.
     
    #2 Tideland Prius, Apr 7, 2017
  3. bisco

    bisco cookie crumbler

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    wouldn't it just be easier to take them to small claims court for your deposit? did you sign anything stating that it was non refundable?
     
    #3 bisco, Apr 7, 2017
  4. texasshawshank

    texasshawshank Member

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    Yeah. That's exactly what I am planning to do -- small claims court.
    There was nothing signed, and I was told the deposit was refundable in the beginning and that's a very important reason why I ordered from them.
     
    #4 texasshawshank, Apr 7, 2017
  5. bisco

    bisco cookie crumbler

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    you'll need to get someone to wear a wire (i-phone with recorder on) and go in and ask to order a car, and is the deposit refundable.
     
    #5 bisco, Apr 7, 2017
    WilDavis likes this.
  6. fuzzy1

    fuzzy1 Senior Member

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    Even if that were ever true, it was applicable only if they receive and could deliver the specific item that you special ordered, at the price that had been negotiated.

    Any unilateral change by them or Toyota corporate, or failure of the specially ordered item to arrive at all, would cancel any non-refundabilty. Model year changed? Features changed to your detriment? Price increased? Sorry, they must return the deposit. (They may choose to give you a free upgrade or swallow any price increase.) Anything less amounts to breach of contract or bait-and-switch fraud.

    Does your state have a Consumer Protection Bureau, or a similar department under the Attorney General's office
     
    #6 fuzzy1, Apr 7, 2017
    Last edited: Apr 7, 2017
    Chodronish likes this.
  7. bisco

    bisco cookie crumbler

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    good point. also, someone mentioned in another thread, contact a newspaper or television station with consumer reporter. they can be very persuasive, at no cost to you.
     
    #7 bisco, Apr 7, 2017
    Chodronish likes this.
  8. bingee3

    bingee3 Active Member

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    Interesting situation , the special order deposit , what does contract say ,,, no refund I'll guess
    All the other part ,, I'd be pissed too , but , what's in writing and signed ? ,, in my town , two TV
    Stations gave CONSUMER HELP "" they hear the story , the call the sit party , who doesn't want bad publicity
    And most times settle ,,, good luck
     
    #8 bingee3, Apr 7, 2017
  9. Samprocat

    Samprocat Active Member

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    Just post claim to BBB and tske them to court.....Talk to the Manager and try nice
    ...mention BBB and taking them to court

    Posted via the PriusChat mobile app.
     
    #9 Samprocat, Apr 7, 2017
  10. budrow56

    budrow56 Junior Member

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    There are a ton of dealers to buy them from or brokers that can sell them to you.


    iPhone ?
     
    #10 budrow56, Apr 7, 2017
  11. SFO

    SFO Senior Member

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    #11 SFO, Apr 8, 2017
  12. wrprice

    wrprice Active Member

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    #12 wrprice, Apr 8, 2017
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