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Screw toenails, I'm ripping someone's friggin foot off!!!

Discussion in 'Gen 2 Prius Main Forum' started by bigbaldcuban, Jun 24, 2004.

  1. bigbaldcuban

    bigbaldcuban New Member

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    The loud sonic boom some of you may have heard over Florida today was not due to the Delta Rocket launch. It was due to the enraged profanity and head banging against my computer monitor at the following exchange of emails in between my (up until this point) reputable dealership (Vandergriff Toyota of Arlington, TX).

    Mike Mercer (I don't think this was his choice):

    Mr. and Mrs. Rathkamp,

    Unfortunately our management team has made the decision to return everybody's deposit on the 2004 Prius. I know you have been on the list for quite some time, but we are just not seeing any cars coming in. We do not see the situation improving at all, and some of our customers will be waiting for 2+ years before their cars would come in. I just need to know if you would like me to destroy your check or return it to you. If you want me to return it to you, please give me your updated address and I will get it mailed out ASAP.

    I apologize about this unfortunate situation and I wish it were not the case, but our hands are tied.

    Sincerely,

    Mike

    Manny's response (Confused shock):

    I don't know who the world Mr. or Mrs. Rathkamp are, but what's going on?

    Mike "He's probably dealing with people who are taking this a lot worse than me" Mercer

    Manny,

    I'm sorry your email came across with the wrong name. I regret to inform you that this decision does apply to you also. All we can do from this point is call you when we get one in, but I can tell you there will be market value adjustments added. We fought this tooth and nail, but ultimately the corporate bean counters won out.

    I apologize,
    Mike

    Manny: (Fighting a facial tick and an anurism)

    Can you give me any idea what the "market adjustment" is going to be for the next month or 2?

    Mike "I honestly feel bad for this salesman" Mercer:

    Our Management team has not decided yet. I'm guessing $3,000 to $5,000 dollars, but that will be negotiable. Toyota of Plano is adding $9,999 to every one they get. We won't go that overboard, but unfortunately they will be above sticker.

    Mike

    When I get back home, I'm going to rip off his head and shit down his neck (Full Metal Jacket) for givin me this crap when I'm number 1 on his f---ing waiting list after 6 months of "Oh no, Manny, we don't do that at Vandergriff" I'm sick of this whole experience. I think I'm going to email him the thread about "What are your thoughts on Gay Marriage" and super glue his eyeballs to the damned monitor :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing: :cussing:
     
  2. efusco

    efusco Moderator Emeritus
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    Oh Manny, that just sucks so hard. I think you NEED to go down and talk to the manager, or write a letter to the owner or something. I can see them doing this for people who more recently got on the list, but where you're sitting just makes that totally unfair. Unbelievable dude.

    I'm really really sorry. :cry:
     
  3. mcbrunnhilde

    mcbrunnhilde Opera singin' Prius nut!

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    Manny, I am SOOOOO sorry that you've been kicked in the...uh...teeth by your dealer. If pooping down someone's neck (or ranting to Toyota corporate) doesn't bring the desired result, may I suggest that you call dealers in West Virginia (except Advantage Toyota in Barboursville, who charges over MSRP) and some small-town dealers in California to get on waiting lists that will be much more optimistic. I got mine at MSRP from Melissa Favello at Merced Toyota, and it was a quick, pleasant experience all around--I highly recommend her. I believe the dealer in Barstow CA also charges MSRP. It will mean some travel (or shipment) expense, but at least you might have SOME hope of getting one in the near future. BTW many smaller dealers will be willing to pick you up from a larger airport that might be an hour or two away, so you might not have to spend a fortune getting to a puddle-jumper airport.

    Best of luck to you!
     
  4. DaveG

    DaveG Member

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    Ya, that's garbage. It's crap like that that gives car dealers the reputation that they have.

    And another dealership adding 10 grand to every car they get? That sounds like unbelivable greed.

    I'd be writing letters to Toyota about it immediately.

    Dave
     
  5. eastercat

    eastercat New Member

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    Toyota of Plano

    The one in Plano has been infamous enough to rate a news article from some out of state paper on dealers who gouge. They basically don't have waiting lists, but sell to the highest bidder instead. Plano is a city you'd want to avoid anyway.
    You might want to try Shreveport, LA. I had gotten a call earlier this month that a car was coming in after waiting since late March/early April. Unfortunately, I couldn't afford to buy my baby at the time, so I had to pass. :cry:
    Of course, there's always WV.

    Esther
     
  6. Marg

    Marg New Member

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    Manny, this is terrible! I can't believe how inept Mike was and how stupid the dealership was to implement a new policy in such a clumsy fashion. I wish there were an emoticon of a little head hitting the roof, 'cause I'd sure be using it now.

    This incident particularly steams me because I know you've been trying to follow your personal principles and buy locally. You've tried, in your way, to be one of the good guys. It's just not fair to see you get screwed like this.

    Please let us know if there is anything we can do to help. In addition, I suggest that everyone keep their eyes peeled and ears open for news of an available salsa 9. This man needs a car. Maybe we can help him find one. You never know.

    I'm sure you've thought of the following stuff already, but I'll blather anyways. In addition to talking to the dealership and with Toyota Customer Service, will you consider the following?

    1. Getting in touch with your local Better Business Bureau (they exist in the States, don't they?) They probably can't solve your immediate problem, but I think the dealership's behaviour needs to be noted so that future customers can be warned. Be sure to tell the dealership that you are reporting them.

    2. Investigating your legal options (as a last resort, of course. Legal solutions are usually expensive!). Was there a written agreement about the price you would pay for the car when it arrived? If so, is it legally enforceable?

    3. Contacting the media consumer advocate in your area. You know what I mean, some guy or gal from the local paper or TV that tries to solve people's consumer problems.


    Again, I am so sorry to hear about this Manny. I hope the matter gets resolved in your favour soon.
     
  7. aarons12

    aarons12 New Member

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    wow. i don't know what to say other than i'm really sorry too! but i agree with Marg, that i would be talking to a lawyer friend and/or reading the sales agreement very carefully to see if they have that kind of 'out' built into it.

    speaking from my experience in general buying out of state, i can say in the end it was a fun adventure, so i would recommend it to others also.
     
  8. DicksieLee

    DicksieLee New Member

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    Hi Manny,

    The exchange of emails you detailed leaves me with the distinct impression that your dealership is trying to weasel out of contracts they signed. I am not certain about the fine print, but if you have a signed purchase agreement and if you have placed a deposit to secure that agreement, then the dealer can't just void that with an email. Not having any Prii to sell in one thing, but voiding everyone's contract just to jack up the price is quite another.

    Do you have a local consumer protection hotline? Is there a local media outlet with a "fraud patrol"? Is your brother-in-law a lawyer? The more pressure you can generate, be it public or private, the better your chances of getting the dealer to back down.

    Finally, is your dealership designated a "Presidential" award dealership? If so, complaining loudly to Toyota corporate and letting the dealership know you are going to corporate, will help. The dealerships do not want to lose that designation! And this would do it.
     
  9. FloridaShark

    FloridaShark Member

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    Manny that really sucks,I hope other dealers don't get any
    ideas amongst themselves to try this across the board. Since I'm
    in the Southeast Toyota area I wouldn't be suprised. We got one scumbag dealer selling his on Autotrader way over MSRP.
    Hope you have some good luck finding a dealer who can get you your
    car.
     
  10. Tempus

    Tempus Senior Member

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    Ouch :(

    If you want to fight with them don't take the deposit back.

    Tell them: No, we had a deal, I expect you to honor it.

    Once you do they can (probably successfully) argue that you have agreed to cancel the deal.

    Often times, once they see you're willing to fight, and get them bad publicity, they may honor the deal just to keep you quiet.

    After all, how many local news interviews in front of the dealership explaining them breaking their word do they want out there :)
     
  11. rflagg

    rflagg Member

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    I *highly* suggest demanding to find out who the "corporate bean counters" are that are raising the prices so you can let Toyota know of this practice, since they greatly dislike this kind of treatment. Let your dealer know that you are taking it to the head of Toyota, and unless he wants to be to blame, that you need the supervisors names who are making this decision. Also, let them know you're serious by telling them you'll also do what Tempus suggests - take it to local news agencies who are all about hybrid stories these days and would love to hear this one.

    -m.
     
  12. frbill

    frbill New Member

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    Manny,

    Remember how I ordered a Salsa Red #9 and you threatened my Eyebrows and then on Diane's Suggestion my toenails :). If you went to my dealer they may have the car still coming in. I took first available #9 but they still had an order in for the Salsa #9. PM me if you would like info on the dealer. I really feel for you and I think your dealer should get a clue about how to treat a customer.


    Peace,

    Fr. Bill
     
  13. jchu

    jchu New Member

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    Manny,

    I agree with the posts advising publicity, big noisy publicity. A little sunshine on these blood sucking vampires, will do much more good than anything else that I can think of. Maybe a lawyer can help maybe not but as most retail businesses know, twenty pieces of good publicity can't even touch the effects of a single piece of bad publicity.

    Good Luck,

    Don Quixote
     
  14. gwilliams

    gwilliams New Member

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    Manny,

    Sorry about the news.

    If you're interested, here's my $.02...

    First, if you have a signed purchase order/contract, you can sue for specific enforcement. That is you can make them honor the terms of the purchase agreement. The downside, as I see it, is that if there was no targeted sale date, they could concievably deliver you a new 2004 prius in 2014... You get the idea.

    Second, I would contact every television station in your/their market area, and ask for their consumer protection/fraud department. Around Klumbus, we have "Target 4" on the NBC affiliate, "6 on your Side" from the ABC station, and "10TV Consumer Alert" on the CBS network. If you're lucky, one of them will adopt your story. The "smearing" they will get over the airwaves might change their story, without any legal action on your part.

    As others have said, definitely contact the BBB. If you are a member of Angie's List, llet them know the story. They're a good consumer's advocate. Write your fingers off to Toyota. Let them know the actions you're taking. They might offer relief to keep their reputation from being tarnished.

    I wish I had more to say/offer. However, I am still fighting my own Prius battles. I'm past day 110 now, and still waiting with no Prius in sight...

    Glenn
     
  15. bigbaldcuban

    bigbaldcuban New Member

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    I don't have a sales areement, but I do have an email from him with a quoted price. Is that any good?
     
  16. gwilliams

    gwilliams New Member

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    Manny,

    I'm not much of a legal advisor. I just know of the "specific enforcement" provisions because I've had to use it with a home builder once. My intuition says that an email would carry less weight than a contract, because it isn't signed, is easier forged (e.g. spoofed), etc. If you have friends/neighbors/parish members who are lawyers, legal secretaries, or the like, I'd run this scenario past them. You knver know what you might find out.

    G.
     
  17. Tempus

    Tempus Senior Member

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    Well, the email would provide a lawyer a good opportunity to subpeona their electronic records, just to 'verify' the email in case they claim it was falsified, and to do it pre-emptively before 'disclosing' the email and giving them the chance to wipe records. :)

    Lawyers can do amazing things, but they cost money. It depends on how much the principle is worth.
     
  18. jchu

    jchu New Member

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    Another Point,

    Lawyering up may lock you in to that dealership. Publicity is more likely to allow you to "play the field".
     
  19. daniel

    daniel Cat Lovers Against the Bomb

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    That whole thing sucks.

    State laws vary, but generally a verbal agreement is a legally enforceable contract. An email in itself may or may not be a contract, but if it goes to court, the email can be supporting evidence, because if the dealer claims you misunderstood or mis-remembered the offer, you can testify that the email supports your memory of the quoted price.

    If he actually told you a price verbally, or told you it would be "MSRP" then I think you have a contract.

    With a two-year waiting list, the dealer would be acting honorably if he offered people their deposit back, based on the adjusted anticipated waiting times. But with you being number 1 on the list, you have a perfect right to remain on the list.

    It is always a good idea, however, to try calm reason with them first, and save the public outcry for if they won't be reasonable.

    Displays of rage never work to your benefit. Keep your rage here, among friends, and keep calm in public. If they won't be reasonable, then calm indignation is the best face to put on for the press.

    Most importantly, if they quoted you a price verbally, then you probably do have a legally binding contract. Proving that in court may be another matter if they choose to deny it. The email helps you, though they can deny sending it. But if you can find the next few people on the list, and they are all willing to swear under oath that they also were given verbal price quotes, you may have a good chance. And all of that gives you a strong position when you talk to them to firmly, but calmly and respectfully, demand that they honor the price they quoted you.

    You also may have a case for a class-action lawsuit, since they are trying to weasel out of obligations to everyone on the list.
     
  20. TonyPSchaefer

    TonyPSchaefer Your Friendly Moderator
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    Oh Manny.
    Well you came and you paid without taking.
    Cause they sent you away.

    Oh Manny.
    They're more focussed on monies they're making.
    I say we ruin their day.
    On Manny.

    Sorry. I couldn't refrain myself. Well, I'm sure I could have if I tried a little harder.

    Anyway. I suggest an email and phone call campaign. There are more than 2,000 registered users on this board. Many, I'm sure, keep touch with other boards. Email is almost free. National cell phone calls are free to many these days.

    We represent more than just Prius owners and people who want to be Prius owners. We are Toyota owners and future Toyota owners. If the dealership is making this change and blaming the Corporate Beancounters, then why have the rest of us not heard anything about these same Corporate Beancounters? Any decision made on the Corporate level would affect all dealers equally, not just one in Texas.

    Also, what would the dealership do if you placed an order for a difficult-to-get item and then cancelled your order without prior notice? I'm sure they would throw a fit and threaten some sort of action.

    Manny, you give me a phone number and an email address and I'll make some calls and send some emails. I spend almost two hours per day in my car driving to and from work. I have time to burn. And I'm not just talking about the dealership, I want the phone number to television news channels and local NPR. I bet NPR would love nothing more than to do a local piece on how the environmentally friendly "Prius-owner wanna bees" is being stream-rolled by the money-hungry business taking advantage of the situation. And there's nothing the dealership wants more than the publicity of price gouging.

    In addition to the dealership and the local media, ToyotaUSA needs to be contacted. Before you allow the dealership to release your check - that is, before you give them your permission to make your check no longer their responsibility - you must get something from them IN WRITING stating the situation and why they are doing this. If they are trying to blame Corporate for their own decisions, this piece of paper can be their undoing.

    Even if it's not as bad as all that, I agree with many of the above posts that they could have handled the situation much, much better.

    In the end, I look at it this way:
    1) You have six months of your life dedicated to getting the Prius.
    2) You could have been drawing interest on that deposit.
    3) To go on another list will make your wait even longer wasting even more days of your life.
    4) You will never do business with this dealership again and that bridge needs to be burned and burned hard.

    Drastic? yes. Vengeful? yes. Deserved? definitely.