THE STING

[CMG]

VIN: 1B3-JR65Z03V-500415

Received a call last Thursday, 1/23, that our Viper was on the truck. The driver had called them for directions.

We ordered a silver SRT on 1/22/02, our reservation # 12309, from Royal Dodge in Franklin, TN. Drove up to Franklin this beautiful morning, a three hour drive, and discovered a new name on the place. It is now Alexander Dodge.

After checking the car out, it really is fabulous, we sat down to write a check and drive it home. I guess the red flags were flying when the Salesman asked, "We don't have any paperwork on this, what was the deal?" I gave him a copy of the Buyer's Order and he left. He came back and stated that his Manager would not accept the deal. I asked to talk with his Manager. Bob Webb identified himself as the New Car Sales Manager and stated that, "The new owner would not honor this deal." (And that is verbatim.)

If that does not surprise you, try contacting DC for a little help; endless 800 referrals after endless menus, everybody claiming immunity from dealer actions, and lots of bad music while on endless holds. Boys and girls, Osama hides in the DC help system and will not be found. Bottom line is that DC claims they cannot or will not do anything. Now that is a surprise.

The folks at Alexander Dodge made it very clear that DC had nothing to say after the car was invoiced to them. It was theirs to do with whatever they wanted.

I'll let you name the amount and the odds that they attempt to sell it at something north of a gouge and way south of integrity.

Hope your SRT-10 experience is better.

BTW The Buyer's Order and the Reservation Certificate are signed and dated if any legal eagles want to take a look. Hell, I'd even throw in a few bucks if it would get DC some backbone and keep someone else from getting the shaft.

Billy P bring on the GT-40.

 

[treynor]

Run, do not walk, to the phone and call your local VCA officer. They exist to help with situations like this. Also, if you have a buyer's order specifying an amount, contact your attorney and have him contact the dealers' owner.

 

[snowmann]

I hear a lot of good things about woodhouse, should have dealt with... but anyways... I would speak with a lawyer and see if they can do something, but I have a feeling since the dealership changed you are screwed... I wish you the best.

 

[GTS Dean]

Similar situation here with dealership changing hands during the Certificate program. However, my order was not be placed until the new owners had their dealer ID number, and that was before the cut-off date. They would not agree on sales price until they received the Wholesale price from DC some months later, but I believe I have been treated fairly. Still waiting on car.

 

[kverges]

Sue them immediately and get an injunction to prevent them from selling the car while the lawsuit is pending! I am completely confident that the new owner will be subject to the prior owner's agreements by way of (1) the sales agreement between the two dealers; (2) the dealer approval requirement by DC in order for this new dealer to be appointed; and (3) perhaps the state that licenses the dealer. I would also contact the state agency responsible for dealer licensing and lodge a formal complaint.

DO NOT accept this outrage!

 

[kverges]

Let's put it this way: if the new dealer did not have your order confirmed and in hand, then they were not entitled to receive the car in the first place and DC is complicit in delivering YOUR car to a dealer other than that from which you ordered the car. This dealer CANNOT accept the benefits of DC delivering product that it did not order without the responsibility of delivering that product ot the consumer who ordered the car.

 

[Tomer]

Have you contacted your local VCA officer? THis is truly an outrage, I hope you do not sit back and accept this treatment!!

GO get your SRT!!

Tomer

 

[Frank 03SRT]

Sorry to hear about your problems. I guess it all points to the advice given on this board about 10,000 times. Go to a big time Viper dealer (like Woodhouse and just a handful others) and you won't be disappointed. I am not trying to say "told you so", and am very sorry for you headache. Try your local VCA president and join the club.

 

[Viper Wizard]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kverges:
Sue them immediately and get an injunction to prevent them from selling the car while the lawsuit is pending! I am completely confident that the new owner will be subject to the prior owner's agreements by way of (1) the sales agreement between the two dealers; (2) the dealer approval requirement by DC in order for this new dealer to be appointed; and (3) perhaps the state that licenses the dealer. I would also contact the state agency responsible for dealer licensing and lodge a formal complaint.

DO NOT accept this outrage!

<HR></BLOCKQUOTE>

CMG,
I would do what Keith says!! I'd also take an ad out in the local paper, pointing out this Dealers business practises!
[Just my .02 cents!]
I'm a Dealer and I hate hearing about other Dealers screwing people!

Post their phone # and we will all start calling them!

 

[pj]

Royal Dodge Of Franklin&lt;BR&gt;(615) 794-0405&lt;P&gt;What's the point of the certificate program if a dealer can just take the car away from the person with it.

 

[Janni]

Just called and spoke with a salesman. Asked him if they had a car (yes! right here on the showroom floor - it's red, brand new, a convertible and everything!). Asked if it was available (yes) and then asked why the original certificate holder did not take delivery of the car. He said he didn't know and he'd find out for me.

Also asked the price (around $83K). He asked if I was interested in the car and I said yes. He's getting the GM and will call me back to discuss.

I expect to have a fairly short conversation with the GM after asking him why they are not honoring the written contract with the certificate holder.

I'll post results here and suggest others do the same....

CGM - GET AN INJUNCTION so that they cannot sell the car. Make them pay the interest on it while it sits there and they are unable to sell it. Take away any profit that they may be looking to make when they do sell it. The car should be yours - when you buy a business, you usually take on any existing contracts - or I believe you have to tell the parties in advance that you will no longer honor them. Did you have a deposit???? PLEASE say you had a deposit.... And keep us posted.

 

[Joseph Houss]

Dear Henry Cone,

SHE'S A KEEPER!

 

[slaughterj]

BTW, I've recently worked with a TN law firm on a case, and can refer you to them, if need be. What is Franklin, TN near?

Don't take this kind of crap! Use all your resources, including DC (keep trying!), the VCA, and the law!

 

[slaughterj]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Janni:
Just called and spoke with a salesman. Asked him if they had a car (yes! right here on the showroom floor - it's red, brand new, a convertible and everything!). <HR></BLOCKQUOTE>

I'm confused, they said it was red, but he ordered silver??

 

[Janni]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by slaughterj:
I'm confused, they said it was red, but he ordered silver??

<HR></BLOCKQUOTE>

Oops - maybe I wasn't listeding to the sales lizard - just stringing him along enough to get the GM to call me back... I'll confirm color with GM. Still no callback....

And THANKS, John, for he offer to help this guy - I HATE to see anyone get hosed over a deal like this - they don't get the fact that if it were not for the certificate holder, they wouldn't see a Viper - period.

Anyone else have a pending order with this dealer? My thoughts are to go get a courtesy delivery scheduled NOW to have the car delivered to another dealer - no sense letting them hold your car hostage on THEIR showroom floor.

Stay tuned....

 

[Janni]

Spoke with Robert Webb, Sales Manager or ALexander Dodge. He explained to me that the original certificate holder had a deal at below invoice and that since it was with the former owners, he could not honor a deal that made him lose money. When I asked about holdback, he realized lose money was a bit misleading. He says he "wants the original certificate holder to have the car. He's a super nice guy and we were going to work with himon the price, but he was just so upset, he said 'Keep it' and that's how we ended up with a Viper?

They are asking sticker for the car.

I said I couldn't understand why they wouldn't honor the deal and couldn't get involved with a car that may be in dispute, as I have heard of a few instances like this wherein the original certificate holder sues the dealership and won't allow them to sell the car. He feels like they have been fair (yeah right) and that they have not done anything wrong.

He did tell me that there were 2 other folks that have called on the car - wonder how they found out???

Bottom line is that they are taking advantage of this customer who had a signed buyers order. When you buy a business, you incur their debts and obligations.

Let's stop this sale to anyone other than CMG. I'll email CMG and ask him to post again and check this out.


EDIT - and yes, it is silver....

 

[Steve Ferguson]

First, are a VCA member?

Second, once a law suite is enter I can tell you for a fact that the VCA is not in any position to help.

Third, once entered into a law suite the only people at Dodge you can talk to is the legal department.

Forth, if you had followed this board it has been said a number of times that this exact situation WOULD happen. Since many of us have gone through this before, and anyone going for the "low price" verses dealing with the "Viper friendly dealer" may lead to a very dissatisfied experience.

Sorry to hear that the games never end but my best advise is to move forward with caution and only do so once you have looked at all your options.

Good luck!

 

[pj]

I just got off the phone with Robert myself. We had a disucssion about the obligation of a dealer to a contract - and I pointed out that they wouldnt even have that Viper in their showroom without having someone with a valid certificate having ordered it. He seemed very reasonable and we spoke at length about the problem at hand and ways of resolving it.

As stated, the dispute is around the price of the car. Robert says they have no contract signed that stipulates a price. And that is the crux of the dispute.

Robert indicated they very much want to resolve this matter with the purchaser. They have asked me to relay the message to have them contact him to discuss a price that would be acceptable to them (he did say that it would not be sticker, as in below sticker).

I would suggest that Billy give the guy a call and ask him what price he is looking for. Then compare that price to what you thought you were going to pay and decide if the difference is better spent fighting this or resolving this.

PS: Robert also indicated a VCA Member called and threatened one of his managers. I would think that would be discouraged; although pressure to honor an agreement would seem reasonable - threats are not.

 

[slaughterj]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Janni:
And THANKS, John, for he offer to help this guy<HR></BLOCKQUOTE>

No problem, trying to help out - I've become a regular referral service on here

 

[Janni]

Except that Robert told me the buyer had a signed BUYER'S ORDER and that the original price was under invoice (obviously the former dealer was counting on the holdback money for his profit) and what Robert said was that he wouldn't honor the PRICE because he wasn't making enough money - not that there wasn't one.....

 

[pj]

Interesting. His words to me was that the buyers agreement didnt have a price on it and therefore they couldnt honor it.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>I gave him a copy of the Buyer's Order and he left.<HR></BLOCKQUOTE>

So, the question is: Was there a signed Buyer's Order which included the price?

 

[Janni]

My guess is that it's a Buyers Order with a "price" - i.e., $XX below invoice price - but not an actual dollar amount, as when this order was placed, neither MSRP nor invoice had been determined.

I have emailed CMG asking him to check in here.

 

[Tomer]

Gosh, does CMG want the SRT? With all the help being offered here, I sure hope he checks in!

Tomer

 

[CMG]

You folks restore my faith in mankind.

Yes, I did put a deposit on the car. It was only $100, but I have the cancelled check and it is noted on the resveration certificate.

The deal was not below invoice. The man does not speak the truth.

I assure you that at no time did I ever say "keep it." I was very careful to stay in control and measured my words.

This was not their first rodeo. These people made it crystal clear that Dodge could not and would not do anything. That it was "their car".

John Slaughter, thanks, I'll fax you copies of the Buyer's Order and the Reservation Certficate.

Chuck Tator, you are a gem. Thanks. You and I should back Janni and get her a dealership in the South.

It will be interesting to see how CD weighs in on this.

Alaxander Dodge 615-794-0405

 

[doctorbob]

I think Dodge and the VCA should be all over this dealership. I am sure Dodge knows that viper owners as a whole are a large financial and referral resource for their car and truck products. When I had mechanical difficulties with my first and one of the early R/T 10 vipers, Dodge Corporation and Team Viper took a personal interest in fixing the problem. Dodge ended up buying back my car, promised to give me a great deal on a GTS, and over a year and a half later made good on their promise. I am sure the VCA can get Dodge to make the dealership do the right thing. Dodge and the VCA developed the certificate program so it would be extremely negative advertising for Dodge to let the dealership get away with this behavior.

 

[Janni]

CMG,
Thanks for checking in. I am guessing that the dealer is getting quite a few phone calls - and hopefully we're giving him something to think about. PLEASE PLEASE PLEASE get copies of all your paper work and your cancelled check (phew - almost thought no deposit, i.e. no consideration = no contract) and get they to an attorney NOW. It shouldn't take more than a day to get an injunction to prevent them from selling the car. Then, as Mr. Treynor pointed out, you maybe able to get treble damages for the breach of contract. Hopefully John Slaughter can point you in the right direction of a car friendly attorney in tnhat area - or someone else - perhaps a TN attorney / club member can chime in and help.

Think about scanning your contract and posting it here - when we call Robert at Alexander Dodge back, it'd be nice to be able to say "Well, according to the buyers orders, the price agreed was $*** and that IS a profit for you. Wanna tell me the story again?"

Go get'em! Oh, and another great idea is to contact your local news station's "troubleshooter" - this is one they'll LOVE - hot new sports car, local dealer changes hands, written contract, ****** car dealer, car lover who's trying to buy his dream car - this has Emmy written all over it!

 

[kverges]

Well, my diatribe was irrelevant.

Sort of.

 

[Eric]

Mac, I have a letter from Royal Dodge signed by the GM that states they will sell and deliver the car at Dealer Invoice, plus taxes, to any Viper Club Member. This is the basis of you placing the order with Royal Dodge from the beginning and with Harpeth purchasing the dealership they purchased the inventory, customers, service obligations, current orders that were in process and all the legal documents that Royal Dodge had executed prior to the purchase. In doing their due diligence prior to purchase they saw all pending orders, etc. Therefore, Harpeth is required to honor the purchase agreement from Royal Dodge. If you need a copy of this letter from Royal Dodge I will fax or email a copy to you this evening. Also, I will get the name of the owner and give him a call on the behalf of the Alabama/Tennessee Viper Club to inform him of this potential mistake in not honoring your order that you placed in good faith with earnest money with Royal Dodge. Harpeth Dodge assuming the liabilities from Royal Dodge also assumed the responsibility to ensure the delivery of all Special Orders as written by Royal Dodge.

You have a very good legal issue and should explore all possibilities including the restraining order.

Eric
[email protected]

 

[Janni]

Hopefully, the awareness we are generating will help you get YOUR car. Please do everything you can to fight them on this - we'll help in any way that we can (i.e. I may know of a dealer who may have one available and would work with you and be a "good guy"). As the owner of another silver - #388 - I'd be sad if you didn't join the ranks.

And folks, keep calling - but be POLITE and BUSINESSLIKE when you talk to the manager. I said I was interested in the car to get past the random sales guy. Now you can probably talk to Robert Webb, directly. Ask simple straightforward questions - like "Can you tell me why the certificate holder is not buying hte car?", "Do you understand that if it were not for this person you wouldn't have a car?", "Did the buyer have a written contract and a deposit?", "Did you honor other commitments from the former ownership? What makes this one different?" and then you may want to inform them that you have heard of similar instances where a buyer has gotten an injunction preventing the delaer from selling the car and had it ******* in the courts for months before finally having to sell it to the original buyer at the contracted price and that's why you wouldn't be interested.

Again - POLITE and BUSINESSLIKE - and maybe they'll get the hint that we are a formidable force and they ought to do the right thing here.

KEEP US POSTED and let's not lose momentum on this! Thanks to the legal eagles for advice and offers of referrals - way to go VCA!

 

[Y2K5SRT]

My only thought so far (besides the obvious), is that mentioning an injunction to the dealer could backfire, as that could motivate him to sell it to himself personally or a friend down the block ASAP. Then they could just sell it at their leisure as a private party sale or even as a consignment back to the dealership. While a suit could still right some wrongs, the car may be gone. That would really stink, as if though it isn't already a very sad situation...

Chris