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