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Chevy dealer sells car for wrong price, apologizes after having buyer arrested

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Old 10-02-12, 09:01 PM
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Hoovey689
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Default Chevy dealer sells car for wrong price, apologizes after having buyer arrested

Chevy dealer sells car for wrong price, apologizes after having buyer arrested



A Virginia man spent four hours in jail after purchasing a Chevrolet Traverse from Priority Chevrolet in Chesapeake, VA. The dealer's sales staff accidentally sold the SUV to Danny Sawyer for $5,600 less than they should have, and when Sawyer refused to sign a new, more expensive contract for the correct amount, the dealership called the local police alleging the buyer had stolen the vehicle. Law enforcement then picked Sawyer up and held him for four hours before getting the situation straight.

Dennis Ellmer, president of Priority Chevrolet, says he owes Sawyer an apology on behalf of the dealership, and had intended to do right by the buyer by letting him have the vehicle at the agreed-upon price. But Sawyer's lawyer says it's a little too late for saying, 'sorry.' The briefly-incarcerated owner has filed two lawsuits against the dealer, accusing the business of malicious prosecution, slander, defamation and abuse of process. All told, the suits seek a total of $2.2 million in damages, plus attorney fees.

That $5,600 seems awfully cheap now.

The lawsuit says Sawyer originally purchased a blue Traverse on May 7, but took the SUV back the next day for a black one. The dealer's sales manager made the swap, allegedly without saying anything about a price differential between the two. Either way, Sawyer signed a final contract for around $34,000 when the vehicle he took home had an actual price of closer to $39,000. On June 15, Sawyer was taken into custody by police, but the Commonwealth dropped the charges after finding insufficient evidence to pursue the case.

http://www.autoblog.com/2012/10/02/c...-after-having/
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Old 10-02-12, 09:20 PM
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adamls2
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Damn, that sucks!!!
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Old 10-02-12, 09:46 PM
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Ahhh... Contracts.

Lawyers love contracts. Mr. Sawyer is gonna win big with this one...
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Old 10-02-12, 11:09 PM
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Not to the tune of 2.2 million. For 4 hours? They would definitely be wise to settle this case. You would think the dealership would be wise to blame the sales staff.
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Old 10-02-12, 11:44 PM
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Damn car stealers, sorry dealers!
I hope this guy gets all the money he is asking for. I don't think you would be too happy if you had to sit in jail for 4 hours.

I don't feel one bit sorry for this car dealer. Imagine it the other way around and the customer was charged $5,600 more. I don't think you would of heard about it cause you couldn't do $h!t about it.
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Old 10-03-12, 07:20 AM
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i hope he gets every penny of that 2.2 million.a contract is a contract.
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Old 10-03-12, 07:32 AM
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park the car back on the dealer lot and sue
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Old 10-03-12, 07:36 AM
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That will make a dent in the Chevrolet dealer's business! Time to sell all inventory for $5500 less....
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Old 10-03-12, 08:30 AM
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Originally Posted by SurfsUP
Damn car stealers, sorry dealers!
I hope this guy gets all the money he is asking for. I don't think you would be too happy if you had to sit in jail for 4 hours.

I don't feel one bit sorry for this car dealer. Imagine it the other way around and the customer was charged $5,600 more. I don't think you would of heard about it cause you couldn't do $h!t about it.
I would not be happy and I believe that the customer should get some damages recovered. However, if you believe that 4 hours in jail (holding cells none the less) is worth 2.2 million($550,000/hr), there are a lot of innocent people who have a lot more money coming to them. Lets really think about this, if that is company policy to force customers to sign contracts, then yes the dealership is responsible. If it is a bad decision made by certain staff, they should be fired and civilly liable (maybe even criminally). The question is rather like say police officers the company is responsible for actions of employees?
Basically the precedent set here would not be sustainable, if the customer was awarded 2.2 million. I believe the dealership should be punished, more so the staff involved, but as sue happy as folks are these days, goodluck collecting on judgements if the sums are this large.
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Old 10-03-12, 09:07 AM
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Dennis Ellmer, president of Priority Chevrolet, says he owes Sawyer an apology on behalf of the dealership, and had intended to do right by the buyer by letting him have the vehicle at the agreed-upon price. But Sawyer's lawyer says it's a little too late for saying, 'sorry.' The briefly-incarcerated owner has filed two lawsuits against the dealer, accusing the business of malicious prosecution, slander, defamation and abuse of process. All told, the suits seek a total of $2.2 million in damages, plus attorney fees.
I've been wrong before (and I may be this time), but I'm not sure he can win those cases. Once a jury sees that the dealership apologized and offered to deliver the Traverse he wanted (or a similiar one) at the originally-agreed-on price, he's going to have a hard time proving charges like that. The burden-of-proof in a civil trial is, admittedly, less than in a criminal trial, and, in Virginia, are seven jurors instead of twelve (I served as jury foreman in a Virginia auto-related civil-case myself). But, even so, it still requires a "preponderance of evidence" against the dealership (which, in this case, seems doubtful), and the fact that he was arrested and held in jail for four hours doesn't help his case, even if the charges were later dropped. Police don't usually waste their time locking people up unless their conduct gets out of hand or there is otherwise a sufficient reason for it.

Last edited by mmarshall; 10-03-12 at 09:11 AM.
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Old 10-03-12, 09:45 AM
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Originally Posted by xsh0tya
I would not be happy and I believe that the customer should get some damages recovered. However, if you believe that 4 hours in jail (holding cells none the less) is worth 2.2 million($550,000/hr), there are a lot of innocent people who have a lot more money coming to them. Lets really think about this, if that is company policy to force customers to sign contracts, then yes the dealership is responsible. If it is a bad decision made by certain staff, they should be fired and civilly liable (maybe even criminally). The question is rather like say police officers the company is responsible for actions of employees?
Basically the precedent set here would not be sustainable, if the customer was awarded 2.2 million. I believe the dealership should be punished, more so the staff involved, but as sue happy as folks are these days, goodluck collecting on judgements if the sums are this large.
I would agree with you on the large amount, but still this dealer needs to learn the hard way that playing dirty when they got the bad end of a deal. The law-enforement here should bring charges for whoever made the call for false arrest of the poor fella for so call stealing the car. Does this mean I can call the cops when I buy a vehicle for over the msrp for dealer markup, saying they stole my money?
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Old 10-03-12, 10:00 AM
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Originally Posted by xsh0tya
I would not be happy and I believe that the customer should get some damages recovered. However, if you believe that 4 hours in jail (holding cells none the less) is worth 2.2 million($550,000/hr), there are a lot of innocent people who have a lot more money coming to them. Lets really think about this, if that is company policy to force customers to sign contracts, then yes the dealership is responsible. If it is a bad decision made by certain staff, they should be fired and civilly liable (maybe even criminally). The question is rather like say police officers the company is responsible for actions of employees?
Basically the precedent set here would not be sustainable, if the customer was awarded 2.2 million. I believe the dealership should be punished, more so the staff involved, but as sue happy as folks are these days, goodluck collecting on judgements if the sums are this large.
Employers are ALWAYS responsible for their employee's actions when those employees are acting in accordance with either employer policy, or under direct employer commands.

That's the entire point of limited liability - the corporation is liable, the person is not.
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Old 10-03-12, 10:07 AM
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Originally Posted by mmarshall
Police don't usually waste their time locking people up unless their conduct gets out of hand or there is otherwise a sufficient reason for it.
Can we leave discussions on the infallibility of authority to the debate forum, please?

The police arrested him because the dealership said he stole the vehicle. And that he didn't steal the vehicle. Seems like a pretty factual example of abuse of process, not to even mention knowingly lying to the police.

I hope an example gets made of this dealership. Far too often they feel they can dominate any interaction with consumers - the widely known instances of not honoring auction bids is just one example.
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Old 10-03-12, 10:24 AM
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Originally Posted by Infra
Can we leave discussions on the infallibility of authority to the debate forum, please?
It's a significant part of this case, which was posted here in CAR CHAT. I don't see any problems with discussing it in connection with the lawsuits involved in the case. If the moderators disagree, they can say something about it.

I hope an example gets made of this dealership. Far too often they feel they can dominate any interaction with consumers - the widely known instances of not honoring auction bids is just one example.
Well, like I said earlier, a (probable) 7-member jury will have to decide if the dealer's apology and offer to deliver the requested vehicle at the requested price supersedes any problems that the purchaser suffered.........in or out of jail. They could agree with him, of course (and with you)...but I don't necessarily see it as a slam-dunk case.
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Old 10-03-12, 10:41 AM
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Originally Posted by SurfsUP
I would agree with you on the large amount, but still this dealer needs to learn the hard way that playing dirty when they got the bad end of a deal. The law-enforement here should bring charges for whoever made the call for false arrest of the poor fella for so call stealing the car.


Does this mean I can call the cops when I buy a vehicle for over the msrp for dealer markup, saying they stole my money?
sure, and for rape also

I can't believe they lied and said he stole the car
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