Screwed by car dealer – how to (legally) get even?

[Grady Clay]

Screwed by car dealer – how to (legally) get even?


A long-time friend and fellow 911 owner wanted to buy a Boxter.
He found a seemingly suitable 2004 Boxter S at a Dealer (not a Porsche Dealer).
We drove it; poked about finding the front bumper had been repainted but not other.
Everything worked.
The Carfax had four prior owners and questionable amount of ‘service’ and miles in the hands of multiple dealers.

They agreed to let my friend take it to a very reputable independent Porsche shop for a PPI.
They required his license, insurance and $500 to guarantee he would return the car.
After $200 of PPI, the shop called and recommended stopping and not buy the car.
The car was returned in perfect condition with the repair order listing the issues found.
My friend paid the $200 PPI.


The dealer won’t return his $500 because “He didn’t buy the car.”
They don’t (yet) know the wrath of two doddering old Porsche lovers.


In business, there is real value in ‘goodwill’.
There is also ‘ill-will’.
I suspect the ratio is more than 100:1, that is it takes $100 of ‘goodwill’ to overcome $1 of ‘ill-will’.
They just purchased $500 of ‘ill-will’ and then some.

I am not an attorney so please correct me.

This $500 was a ‘good faith’ deposit on a Receipt and Option contract.
When the PPI failed, the contract was void and the car returned. No sale.
This was not a ‘Specific Performance’ contract (to use real estate terminology) where he ‘had’ to buy the car regardless of the PPI outcome.
There was no ‘sales contract’.

My friend is a octogenarian. There is ‘Senior Law’ preventing scamming seniors. How does this apply?

There are enough friends who are practicing attorneys that will vigorously pursue this ‘pro bono’.
My friend can file a lawsuit that will cost the dealer 5-figures to unsuccessfully defend.Any suggestions?

We both know prosecutors in the local and state District Attorney’s office.
I suspect they will listen.
We both know members of the local Assistant US Attorney’s staff.
I suspect they will listen.

I used to sit on the Colorado Dealer Licensing Board and hear complaints.
The dealer risks having his license suspended on Fridays and Saturdays for some period of time.
The ‘salesmen’ involved risk loosing their licenses altogether.

We both know prominent members of the major local TV station.
I suspect they will follow us with cameras if we make a ruckus.
(Can you see us with protest signs in one hand and cane in the other?)

The owner of the dealership is a ‘neighbor’ (2 mi) in Cherry Hills Village (Englewood, CO).
He has a 6816 sf house and paid $41,480.93 in property taxes last year.
He owns the ground under the (big) dealership and lots other.
Deep pockets.


SO…
What else can we do (legally) to make this even more painful if they fail to return my friend’s $500?

Please be creative (but legal).

Best,
Grady

[Hugh R]

Easy small claims court. You already spelled out the complaint.

[Steve Carlton]

Call the DMV. In CA they have an investigations department that would be all over that dealer.

[LWJ]

Small claims court. I had an issue with a local dealer that was an honest mistake but they did their best to be complete shyte heads when it came to fixing their problem.

After months of run around. I sued them. I won. I feel better. I love America. Power to the people!

Larry

[Jandrews]

Hello Grady, I hope you are well.

Quick question...what form of payment was used for the $500? What was the time interval between the $500 payment and the return of the Boxster? Was there any written documentation describing what the purpose of the $500 was?

I hope this works out for your friend. It makes me sick to hear stories like this where someone is willing to screw (especially a senior) someone face-to-face over $500. A deep-pocketed dealer doing the screwing makes it even more distasteful!

JA

[id10t]

See what happened when the slashdot collective found out what Alan Ralsky's mailing address was ...

[Grady Clay]

Thanks guys.

Hello Grady, I hope you are well.

Well enough to be vertical, looking down at the grass and driving the 911SC.



It’s not the $500, it’s the principle.

Small Claims Court is too easy.
If they won’t ‘do the right thing’ and simply refund his $500, the goal is to make it painful.
In District Court, there is ‘discovery’.
I wonder how many others have had this done to them?
If there are a lot, I suppose it could gain ‘Class Action’ status.

When he told me the deposit was cash, I about ‘killed’ him.
Never, ever, never pay cash. Always use the credit card.

They had him sign multiple documents.
Some they didn’t even give him copies.
I watched one of the events.
They confused the issue with ‘wrong’ forms and replacing this with that over three days and multi trips.
Even I would have been confused.

He had it at my house on Wednesday.
At the middle of the afternoon it wouldn’t restart.
The dealer came and got it.
It turned out that the dealer-installed (non-Factory) floor mats prevented the clutch from fully depressing, not activating the interlock.
I mentioned they should inspect for accelerator pedal interference (Toyota) but they didn’t.
The car was at the shop from mid-day Thursday to late-morning Friday.
It was returned noon Friday.


Alan Ralsky is a proactive spam predator and disserves whatever he sows.
These guys are the hidden ‘snake’ waiting to bite any nice old trusting senior.

How about a YouTube of a staged dealer board meeting scheming up how to screw customers.
Sneak the link into their advertising.
No. Probably somehow illegal.

Best,
Grady

[pwd72s]

Sounds like a "dealer" Colorado officials may be interested in....I'd check with both your DMV and the state Attny. General's office.

Another option? Media. I'm sure this dealer would just love being interviewed by a cute little TV reporter...

[John Rogers]

In San Diego they have a man named Michael Turko on channel 51 and all he does is stand up for the people that cannot get help with normal channels. Those in San Diego know who I mean and I think the DMV, HOAs, county offices, car dealers and others fear him more than the devil!

Maybe there is someone like that where you live and can help out?

[nostatic]

I suppose molotov cocktail is out of the question?

[Racerbvd]

Take the own on a "Test Drive"

[89911]

Paying cash was the problem. Reason why they still have his money. You may be able to get the money back, but that made it a whole lot harder. I understand your reason to be angry, but is causing pain worth the hours and days someone is required to do this. Again, if you would of paid with a card, they understand the laws and most likely refunded you that day.

[KFC911]

TV station = "bad publicity" = "hit him where it hurts"... good luck Grady!

ps: A few years ago, you recommended .44 Spc. for a 629. Like finding "hen's teeth", but I located some in Richmond on a visit...can't wait to try them instead of "cannon loads".

[Grady Clay]

Paying cash was the problem. Reason why they still have his money.

I agree.
That is why I was upset with my friend.
We have been doing Porsche things together for 40+ years.
It is only his age that let them get in his pocket like that.
He is from the trusting ‘Old West’ where your word and a handshake will suffice.
He was no match for a ‘slick’ car dealer with no morals.

He can afford to walk from the $500 and many times more and not miss the money.
It is the principle of holding cheats accountable.

TV station = "bad publicity" = "hit him where it hurts"

Yup.

How about a line of 50 Porsches with sign carrying protesters lined up in the street (not blocking the entrance) with TV cameras rolling?

Best,
Grady

[1990C4S]

Originally Posted by Grady Clay

The owner of the dealership is a ‘neighbor’ (2 mi) in Cherry Hills Village (Englewood, CO).
He has a 6816 sf house and paid $41,480.93 in property taxes last year.

Find out if there is a simple way to challenge his property assessment. Any increase in his property tax is a) after tax money, b) continues as long as he lives there, c) devalues his house at resale time. And even if he wins he will likely incur legal fees.

And picket his business with signs that say "XYZ co. stole cash from this senior citizen". They will refund your money. When they do, go back with signs that say "We had to picket XYZ co. to get back the money they stole from us".

[1990C4S]

Originally Posted by 89911

I understand your reason to be angry, but is causing pain worth the hours and days someone is required to do this.

It would be to me. Principles.

[Tobra]

Originally Posted by Grady Clay

How about a line of 50 Porsches with sign carrying protesters lined up in the street (not blocking the entrance) with TV cameras rolling?

this I would like to see

[pavulon]

when good people do nothing, bad people win.

[GG Allin]

I'd like to see a good old fashioned internet schitstorm myself.

[KFC911]

Originally Posted by Grady Clay

How about a line of 50 Porsches with sign carrying protesters lined up in the street (not blocking the entrance) with TV cameras rolling?

Best,
Grady

Methinks you underestimate the respect you have garnered and the support you "command" with a simple request Grady. 50 would just be the beginning of the line "if you so desire" !