Here's the continuation of the story.
Guys get your popcorn ready...
On Wednesday, 1/20/10, Glenn's Lawyer called me to remove posts or face legal action. Then, 1hr later, they called me back and asked if I'd like to work things out. I said what do you have in mind. We then came to an agreement. Part of that agreement was that instead of getting a used Genesis Coupe for $16125, I would get a NEW Genesis Coupe for basically the same amount. They asked that I take down the internet postings and something showing it was a misunderstanding and we were working it out. No timeline was given, though I requested a timeline for both a written agreement and finalizing everything. They did say maybe 1-2 weeks, though they would not give firm dates.
The next day, Thursday, 1/21/10, I was told that they were getting a tremendous amount of phone calls and emails, and they asked/demanded to get on the forum and request that people please calm down as we are trying to finalize an agreement. I need to put that statement up or "the deal is off" according to them. I did so with a drop of a hat, no questions asked... even though that wasn't part of the agreement (as I remember it).
On Friday, 1/22/10, I was emailed the written settlement agreement. After receiving the settlement agreement their lawyer calls me and asks if I received it. I told him I had, and was just reading it over. He asks me if I saw paragraph 3.2? He says, "see your getting a NEW car. Did you see the invoice attached at the bottom? See you're getting a NEW car."
I told him, yes, I did, that's great.
Paragraph 3.2 states, regarding the car I'm to get:
"Glenn shall deliver and transfer to" McFly "a 2010 Hyundai Genesis Coupe with comparable, or better, equipment to that which was previously the subject of the Auction, the invoice of which is attached hereto as Exhibit A"
I then read it over and call Glenn's Lawyer to give him my concerns:
1. I need my lawyer covered, now that this is a written agreement, to look it over.
2. I cannot travel due to my wife expecting. Can they ship the car...
3. Paragraph 3.3 needs to be made clear that I can only retract the statements that I've made that are in my ability to remove. I obviously can't retract statements that others have quoted me saying.
He then says he'll run these by the dealership and see what they say.
He calls me back and says no to everything. He says that 3.4 clarifies 3.3 on other statements not my own. I don't agree, but he says no. As for shipping, they want me to be there, so that I can inspect the car with them present. I then tell him that I was also concerned about break-in period on a new car, that's a problem from my understanding on break-in on a new car. If they can ship it, I'd be willing to have them fly me there, and would be willing to take a picture/video with them shaking hands or any statement they'd like me to make saying something in regards to I got a great deal. I threw this out there as a generous offer with no strings attached. I also asked him to see if Dates, as to when I'd have a car, etc, can be added.
He calls me back, and says no to everything again. He says, originally (in the auction) I was going to travel there, so it stays, no paying for travel/shipment, and I have to be there. He says that Glenn said "Thank You" for the generous offer on the picture/video, or statement, but would likely not be necessary. He asks me to email him dates as to when I can be there and they will chose a date, no need to call him back on this, just email. I tell him that I'm also going to look more into the break-in period, as that's still a concern of mine.
Searching on Gencoupe.com for the online owners manual, I find in section 1-5 that I'm not to drive the car at a constant rpm/speed for 600 miles of break-in. I had also gone to HMAservice.com (the online Hyundai service manual). On the site it asks for a VIN number. Naturally I entered the number from the invoice attached to the written settlement agreement. It didn't seem to help, so I thought maybe it's because the car is so NEW, and unregistered to an individual. Therefore, I went to the auction, and got that VIN number, and went to place it in HMAservice. Turns out the VIN of the "NEW car" on the invoice attached to the written settlement agreement is the same as the VIN of the car in the auction. So, at first I think that I must be getting the used car that was in the auction, which is fine/better (in regards to break-in), except that they said that I'd be getting a new one. Then I read 3.2 again, and realize that it's worded vaguely so that the invoice can be interpreted two ways, that the invoice is of the car I'm getting and that the invoice is of the car in the auction. Go back and read it... In fact here it is again:
"Glenn shall deliver and transfer to" McFly "a 2010 Hyundai Genesis Coupe with comparable, or better, equipment to that which was previously the subject of the Auction, the invoice of which is attached hereto as Exhibit A."
Did you get that? Ask yourself this, is the new car or used car in the invoice? It can be either car.
So, basically, either I don't have a VIN for the new car, or I'm getting the used car I had won at auction.
So then, I call him (instead of email), and tell him "there is a couple things I want to discuss. First, I found the owners manual online, and in doing so I searched HMAservice.com, the online Hyundai Service Manual. When I went in to HMAservice.com I could not find the manual at first, then I put in the VIN of the invoice, got nothing, and then entered the VIN of the auction... I noticed the VIN is the same. So either I'm getting the car from the auction that's used, OR I don't have the VIN of the new car." As I get to the last sentence, he interrupts me, and says something along the lines of, "No, your getting a NEW car that is same or better as it states in 3.2 of the agreement, AND as you see in the invoice at the bottom." He seems a little upset as if to say that I'm misunderstanding, I have it all wrong, and why are we discussing the same thing again. I tell him, no the invoice at the bottom is of the used car that was in the auction. He says, "No, you're getting a new car." I tell him, I know, but the invoice at the bottom of the agreement is of a used car, that was in the auction, and I'm either getting that or I don't have a VIN for the car. He says something along the lines of, "Excuse me, no it's ... oh, wait, I'm sorry, I didn't realize what you're saying, let me check on this and get back to you." He then hangs up. I'm left wondering, did he know this? Is he playing dumb? Or was he trying to claim it was the invoice of the new car?
I call him back, and tell him, I need the VIN of the NEW car on the contract. He says there won't be a VIN put in the written agreement, nothing is being changed. He says he's already tried, and nothing is going to be changed. I tell him I need the VIN of the NEW car on the contract, or I'm not signing. He's already made it clear that I have to sign otherwise the agreement doesn't go through, hence the written agreement. So, I have to sign an agreement that I feel can be interpreted that I get a used car, and there will be no VIN of a new car placed on the agreement. I sign or nothing, and I sign and I get a used car. So, if it can be interpreted as a used car I'm getting, it needs to be changed by adding in a VIN of a new car, so that it can be interpreted as I'm getting a new car. So, I continue to demand that I get a VIN of the new car on the agreement or I'm not signing. He tries to talk me out of it, but I don't budge, and we end the conversation. He seems a little upset as we end the conversation.
The next day, by this time, the feelings/thoughts sort of bounced around in my head, and I realize that they breached the verbal contract/agreement we had. They said I'd get a NEW car in the verbal agreement, yet on the written contract it says I'll get a car that is the same or better than the one from the auction, the invoice of which is attached. The invoice was of the USED car from the auction, which means I'm getting a USED car. The agreement has now changed in respect to I have to sign, and that I'm getting a used car. This was not part of the verbal agreement. I give up, call, and tell him "look you either get me a car by the end of the day, or the deal is off. I still have the ebay deal so what's the point in this verbal one. I've done you favors, and even offered more, while you've granted none of my requests, and even demanded from me. So, this is my demand, and I excercise my right, as you have." If you remember, they demanded I ask people to calm down, yet not part of the verbal agreement (the way I remember it). We go back and forth for an hr about the details of everything, but I don't budge and keep to my demand. He does try to defend himself on the vehicle invoice saying that first, "He never said that it was the invoice of the new car," then, he changes his excuse and says "He didn't write the contract, he didn't know." I reiterate to him that I need the car I'm to get by the end of the day. The conversation ends.
By the end of the day, nothing changed. No car. So, I restored my posts to gencoupe.com