Help! Dealer may have sold the car we are buying
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Help! Dealer may have sold the car we are buying
We test drove a pre-owned car and purchased the car over the dealer's website. We have been in phone/email/text contact with the dealer and verified date/time that we would take delivery of the car. Approximately 1 1/2 hours prior to us taking possession, the dealer called us to tell us that someone else is test driving the car and if they decide to purchase it, the dealer will allow them to do so. We have texts and emails as recent as today confirming our pickup time and confirming that they have all of the information they need (SSN, proof of insurance, copies of the driver's license, etc.) to continue to process our purchase. The dealer hasn't really taken responsibility for their error and we don't know what to do next.
Most likely we are out of luck... Does anyone have advice? Thank you.
Most likely we are out of luck... Does anyone have advice? Thank you.
Re: Help! Dealer may have sold the car we are buying
Get a refund would be my first concern. Block the cc transaction if thats how you paid.
"Don't trust everything you read on the Internet"- Abraham Lincoln
Re: Help! Dealer may have sold the car we are buying
What does it mean that you purchased it over the website? Do they actually have your money?
Did you sign a purchase agreement? If not, and I was the dealer, I would sell it to the first person who would sign one.
It’s also possible the dealer just wants to force you to show up earlier and close the transaction. That would be scummy, but some people are that way.
And of course, dealers aren’t the brightest, most organized people on earth, and they do make mistakes. So it’s probably just that......
Did you sign a purchase agreement? If not, and I was the dealer, I would sell it to the first person who would sign one.
It’s also possible the dealer just wants to force you to show up earlier and close the transaction. That would be scummy, but some people are that way.
And of course, dealers aren’t the brightest, most organized people on earth, and they do make mistakes. So it’s probably just that......
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Re: Help! Dealer may have sold the car we are buying
Ask Steve Lehto for a referral to a consumer protection lawyer in Colorado. Likely the website has you commit to buying the car with your deposit. If you don't want to go through all that, all the social media you can think of, tell your story. News departments often have consumer reporters who would like nothing more than standing with a film crew in front of the dealer, telling the world what to expect if you buy a car from them.
Also, state department of consumer affairs or Attorney general's office.
Get screen shots of the website showing you paid for the car.
Also, state department of consumer affairs or Attorney general's office.
Get screen shots of the website showing you paid for the car.
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- whodidntante
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Re: Help! Dealer may have sold the car we are buying
Why do y'all assume the OP has handed over money?
- whodidntante
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Re: Help! Dealer may have sold the car we are buying
I sell things quite often.
I'll usually require a deposit to hold something even for a fraction of a second. I realize that the person might be driving a long way to get the item. I would make an exception if the item is unlikely to attract more buyers. But if it's a hot item, you need to give me money if you want me to wait for you. This would include a desirable car.
I'll usually require a deposit to hold something even for a fraction of a second. I realize that the person might be driving a long way to get the item. I would make an exception if the item is unlikely to attract more buyers. But if it's a hot item, you need to give me money if you want me to wait for you. This would include a desirable car.
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Re: Help! Dealer may have sold the car we are buying
What do you mean when you say that you "purchased the car"?Colorado13 wrote: ↑Tue Mar 02, 2021 5:55 pm We test drove a pre-owned car and purchased the car over the dealer's website. We have been in phone/email/text contact with the dealer and verified date/time that we would take delivery of the car. Approximately 1 1/2 hours prior to us taking possession, the dealer called us to tell us that someone else is test driving the car and if they decide to purchase it, the dealer will allow them to do so. We have texts and emails as recent as today confirming our pickup time and confirming that they have all of the information they need (SSN, proof of insurance, copies of the driver's license, etc.) to continue to process our purchase. The dealer hasn't really taken responsibility for their error and we don't know what to do next.
Most likely we are out of luck... Does anyone have advice? Thank you.
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Re: Help! Dealer may have sold the car we are buying
The website has a "Buy online" option so we clicked the link, uploaded our driver's license and proof of insurance, updated address, etc. information, specified how we want the title to read and received a web confirmation that no documents were pending. We then received an email that they have all the information they need to proceed with the purchase. We scheduled the pickup/finalization of paperwork for earlier today and have both email and text confirmation that we could pick up the car and finalize the paperwork. The car is out on a very long test drive (during the time we were supposed to finalize the paperwork.)Trader Joe wrote: ↑Tue Mar 02, 2021 6:19 pmWhat do you mean when you say that you "purchased the car"?Colorado13 wrote: ↑Tue Mar 02, 2021 5:55 pm We test drove a pre-owned car and purchased the car over the dealer's website. We have been in phone/email/text contact with the dealer and verified date/time that we would take delivery of the car. Approximately 1 1/2 hours prior to us taking possession, the dealer called us to tell us that someone else is test driving the car and if they decide to purchase it, the dealer will allow them to do so. We have texts and emails as recent as today confirming our pickup time and confirming that they have all of the information they need (SSN, proof of insurance, copies of the driver's license, etc.) to continue to process our purchase. The dealer hasn't really taken responsibility for their error and we don't know what to do next.
Most likely we are out of luck... Does anyone have advice? Thank you.
- lthenderson
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Re: Help! Dealer may have sold the car we are buying
Did the paperwork have the VIN number of the specific vehicle or is it an agreement to buy A car like the one you test drove? Unless there is a VIN number on the paperwork, that specific car isn't sold to anyone. I'm sure if that is the case, they will get an identical car to honor the contract you entered into with them.
Re: Help! Dealer may have sold the car we are buying
Is it a common car? If yes, I’d probably move on if they sell it. I’d make sure I get all my money back and maybe you could pay a visit to the dealership and ask them to make it up to you with a good deal on another car, but if it’s gone, it’s gone.
For fun, you can play out in your mind that you are Tony Soprano or Joe Pesci in Casino and pay them a visit but it’s not recommended for most people.
p.s. if you are actually at the dealership and the car is still being test driven tell them you are ready to sign now and to get your car back right away.
For fun, you can play out in your mind that you are Tony Soprano or Joe Pesci in Casino and pay them a visit but it’s not recommended for most people.
p.s. if you are actually at the dealership and the car is still being test driven tell them you are ready to sign now and to get your car back right away.
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Re: Help! Dealer may have sold the car we are buying
Absolutely, the VIN is on the paperwork. It's a pre-owned, low mileage car so there is no identical alternative at this time.lthenderson wrote: ↑Tue Mar 02, 2021 6:26 pm Did the paperwork have the VIN number of the specific vehicle or is it an agreement to buy A car like the one you test drove? Unless there is a VIN number on the paperwork, that specific car isn't sold to anyone. I'm sure if that is the case, they will get an identical car to honor the contract you entered into with them.
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Re: Help! Dealer may have sold the car we are buying
I offered to go to the dealership and wait until the car is returned but they won't turn away the current test drivers (but are willing to turn us away... which I think is strange and possibly illegal?) Most likely we'll have to move on. We're not willing to deal with this dealership if they do not provide the specific car that we bought online. They have not yet offered to provide a good deal on another car. It would be difficult for them to do so because this was a low mileage pre-owned car; most others of this model had 30,000-40,000 more miles on them so the other cars are not similar alternatives.Kenkat wrote: ↑Tue Mar 02, 2021 6:29 pm Is it a common car? If yes, I’d probably move on if they sell it. I’d make sure I get all my money back and maybe you could pay a visit to the dealership and ask them to make it up to you with a good deal on another car, but if it’s gone, it’s gone.
For fun, you can play out in your mind that you are Tony Soprano or Joe Pesci in Casino and pay them a visit but it’s not recommended for most people.
p.s. if you are actually at the dealership and the car is still being test driven tell them you are ready to sign now and to get your car back right away.
Last edited by Colorado14 on Tue Mar 02, 2021 6:39 pm, edited 1 time in total.
Re: Help! Dealer may have sold the car we are buying
Did you pay for the vehicle or make a down-payment?
Was a purchase/sale agreement signed?
If not, you may have expressed an interest in buying but you don't have a binding agreement.
Was a purchase/sale agreement signed?
If not, you may have expressed an interest in buying but you don't have a binding agreement.
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Re: Help! Dealer may have sold the car we are buying
What does your written contract say? If there is none, I think you're out of luck. If there is one, then you should get what it states you get if they don't fulfill their end of the deal. This all assumes you're only out your time and effort and opportunity to own the car, and not any actual money.
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- whodidntante
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Re: Help! Dealer may have sold the car we are buying
For a contract to be valid and enforceable, it is necessary but not sufficient that there was consideration. A deposit would be an example of consideration. You should probably move on to the next deal.
Re: Help! Dealer may have sold the car we are buying
This. If there was no exchange of money, I'd move on.whodidntante wrote: ↑Tue Mar 02, 2021 6:47 pm For a contract to be valid and enforceable, it is necessary but not sufficient that there was consideration. A deposit would be an example of consideration. You should probably move on to the next deal.
Re: Help! Dealer may have sold the car we are buying
You never mentioned a "deposit". Did you put the deposit to secure the car? If not, it's fair game.Colorado13 wrote: ↑Tue Mar 02, 2021 6:26 pmThe website has a "Buy online" option so we clicked the link, uploaded our driver's license and proof of insurance, updated address, etc. information, specified how we want the title to read and received a web confirmation that no documents were pending. We then received an email that they have all the information they need to proceed with the purchase. We scheduled the pickup/finalization of paperwork for earlier today and have both email and text confirmation that we could pick up the car and finalize the paperwork. The car is out on a very long test drive (during the time we were supposed to finalize the paperwork.)Trader Joe wrote: ↑Tue Mar 02, 2021 6:19 pmWhat do you mean when you say that you "purchased the car"?Colorado13 wrote: ↑Tue Mar 02, 2021 5:55 pm We test drove a pre-owned car and purchased the car over the dealer's website. We have been in phone/email/text contact with the dealer and verified date/time that we would take delivery of the car. Approximately 1 1/2 hours prior to us taking possession, the dealer called us to tell us that someone else is test driving the car and if they decide to purchase it, the dealer will allow them to do so. We have texts and emails as recent as today confirming our pickup time and confirming that they have all of the information they need (SSN, proof of insurance, copies of the driver's license, etc.) to continue to process our purchase. The dealer hasn't really taken responsibility for their error and we don't know what to do next.
Most likely we are out of luck... Does anyone have advice? Thank you.
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Re: Help! Dealer may have sold the car we are buying
A car is just a car. I'd move on if a dealer tried this.
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Re: Help! Dealer may have sold the car we are buying
Unless the car in question is a rare exotic, there is another nearly identical car out there with nearly identical miles for a similar price. Worst case is you need to wait a bit or expand the radius of your search. Use an aggregator site to search nationally for cars with that profile. Many services will now ship a car to your door.Colorado13 wrote: ↑Tue Mar 02, 2021 6:39 pmI offered to go to the dealership and wait until the car is returned but they won't turn away the current test drivers (but are willing to turn us away... which I think is strange and possibly illegal?) Most likely we'll have to move on. We're not willing to deal with this dealership if they do not provide the specific car that we bought online. They have not yet offered to provide a good deal on another car. It would be difficult for them to do so because this was a low mileage pre-owned car; most others of this model had 30,000-40,000 more miles on them so the other cars are not similar alternatives.Kenkat wrote: ↑Tue Mar 02, 2021 6:29 pm Is it a common car? If yes, I’d probably move on if they sell it. I’d make sure I get all my money back and maybe you could pay a visit to the dealership and ask them to make it up to you with a good deal on another car, but if it’s gone, it’s gone.
For fun, you can play out in your mind that you are Tony Soprano or Joe Pesci in Casino and pay them a visit but it’s not recommended for most people.
p.s. if you are actually at the dealership and the car is still being test driven tell them you are ready to sign now and to get your car back right away.
You didn’t pay any money. It wasn’t your car, and the dealer was free to sell it to the first person to show up with actual money.
Re: Help! Dealer may have sold the car we are buying
If the contract gives you no recourse, well, there you are.
But on the rare occasion I really feel done wrong by a business, I feel quite free to write about it on yelp/google reviews/Trip Advisor/whatever. I don't embellish, but write what the business did and why I feel it was wrong of them to do so (with a 1* review to take their average down). You could drop a note to the BBB as well about their practices. Dealers in general have a rather shady reputation, so can't say I'm shocked.
But on the rare occasion I really feel done wrong by a business, I feel quite free to write about it on yelp/google reviews/Trip Advisor/whatever. I don't embellish, but write what the business did and why I feel it was wrong of them to do so (with a 1* review to take their average down). You could drop a note to the BBB as well about their practices. Dealers in general have a rather shady reputation, so can't say I'm shocked.
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Re: Help! Dealer may have sold the car we are buying
Unless that stealership is also an advertiser that spends a lot of money on ads during the newscast.Jack FFR1846 wrote: ↑Tue Mar 02, 2021 6:01 pm News departments often have consumer reporters who would like nothing more than standing with a film crew in front of the dealer, telling the world what to expect if you buy a car from them.
I tend to be a fairly private person IRL and wouldn’t want to appear on my local evening news even if they were interested in running that story. But I would discourage others to do business with this company via various other channels.
And of course I would never spend another dime there.
Last edited by TravelGeek on Tue Mar 02, 2021 7:57 pm, edited 1 time in total.
Re: Help! Dealer may have sold the car we are buying
This happened to me. Perhaps 20 years ago.
They ended up cutting me a great deal on another car. I mean a great deal. I would shop their webpage and see if anything peaks your interest. Then be bold on price demand. It is doubtful anyone you talk to can cut you a check, but they "might" cut you a deal.
I might threaten the lawyer route. Not sure if I did (but my sister in law is a lawyer, so it is possible).
If the car is gone, well ... may not be much else other than a great deal. Good luck.
They ended up cutting me a great deal on another car. I mean a great deal. I would shop their webpage and see if anything peaks your interest. Then be bold on price demand. It is doubtful anyone you talk to can cut you a check, but they "might" cut you a deal.
I might threaten the lawyer route. Not sure if I did (but my sister in law is a lawyer, so it is possible).
If the car is gone, well ... may not be much else other than a great deal. Good luck.
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Re: Help! Dealer may have sold the car we are buying
Dealers are paid on a car sold, not promises of a car sold.
What did the Buyer's Order that you signed say? I find it unlikely that you signed one from what you described.
Yes, it's a jerk move by the dealer to go through all the motions of DLs, upload this, upload that, upload your marriage certificate, upload your 401k, upload your property deed....but part of that is to get you going and gauge your interest in the car, as well as, probably a bit to feel like you've obligated to buy the car. I think some mortgage lenders pull this stunt and make the process more difficult than it has to be such that they have you on the hook and you sign with them as you don't want to go through the whole process with anybody else at that point.
What did the Buyer's Order that you signed say? I find it unlikely that you signed one from what you described.
Yes, it's a jerk move by the dealer to go through all the motions of DLs, upload this, upload that, upload your marriage certificate, upload your 401k, upload your property deed....but part of that is to get you going and gauge your interest in the car, as well as, probably a bit to feel like you've obligated to buy the car. I think some mortgage lenders pull this stunt and make the process more difficult than it has to be such that they have you on the hook and you sign with them as you don't want to go through the whole process with anybody else at that point.
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Re: Help! Dealer may have sold the car we are buying
We lost out on this and have learned a lot. Thanks to all for the feedback. It's just a car... Maybe or maybe not worth contacting BBB etc.
We're not too excited to do more car shopping during the pandemic (our old car was recently in an accident and needs to be replaced.) First world problems; we have lots to be thankful for (such as no injuries resulting from the accident. )
Thank you!
We're not too excited to do more car shopping during the pandemic (our old car was recently in an accident and needs to be replaced.) First world problems; we have lots to be thankful for (such as no injuries resulting from the accident. )
Thank you!
Re: Help! Dealer may have sold the car we are buying
Did you pay anythingColorado13 wrote: ↑Tue Mar 02, 2021 8:32 pm We lost out on this and have learned a lot. Thanks to all for the feedback. It's just a car... Maybe or maybe not worth contacting BBB etc.
We're not too excited to do more car shopping during the pandemic (our old car was recently in an accident and needs to be replaced.) First world problems; we have lots to be thankful for (such as no injuries resulting from the accident. )
Thank you!
Also, do the community a favor and write them negative reviews
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Re: Help! Dealer may have sold the car we are buying
My advice would be for future if the car looks very appealing and or low mileage and something yiu think won't come by soon call them up and put even a measly $500 or 1k on a CC so they know your serious.
Without any sort of financial commitment it would be hard to complain that they never held your car as there is no premise as such without some sort of commitment.
Always put something down best of luck and yes you will definitely find another car possibly even a better deal.
Without any sort of financial commitment it would be hard to complain that they never held your car as there is no premise as such without some sort of commitment.
Always put something down best of luck and yes you will definitely find another car possibly even a better deal.
Re: Help! Dealer may have sold the car we are buying
Colorado13 wrote: ↑Tue Mar 02, 2021 6:39 pm It would be difficult for them to do so because this was a low mileage pre-owned car; most others of this model had 30,000-40,000 more miles on them so the other cars are not similar alternatives.
What's the car? An FJ Cruiser? That's the only thing I can think of where it might have low-mileage and be difficult to obtain.
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Re: Help! Dealer may have sold the car we are buying
I'm inclined to side with the business on this one. Car goes to the first person who shows up with money down and a signature on a contract. That's how I'd work if I was a salesperson in this business (sure glad I'm not). I'm sure the dealer has plenty of stories about customers who had an appointment and then never showed up despite vigorous assurances they would.
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Re: Help! Dealer may have sold the car we are buying
I started reading this post wanting to be on the OP's side. But... unfortunately it seems like the OP didn't buy anything.
Most people on this forum have probably sold things online before. People no-show, or screw with you trying to change the price last second all the time.
Try selling something on Craigslist. You'll quickly realize that online can be a kill or be killed world.
I don't blame the dealership... except... they should have said that the car was available to everyone until payment was given. The dealership communication was not ideal.
Most people on this forum have probably sold things online before. People no-show, or screw with you trying to change the price last second all the time.
Try selling something on Craigslist. You'll quickly realize that online can be a kill or be killed world.
I don't blame the dealership... except... they should have said that the car was available to everyone until payment was given. The dealership communication was not ideal.
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Re: Help! Dealer may have sold the car we are buying
emphasis addedbrian91480 wrote: ↑Tue Mar 02, 2021 8:50 pm I started reading this post wanting to be on the OP's side. But... unfortunately it seems like the OP didn't buy anything.
Most people on this forum have probably sold things online before. People no-show, or screw with you trying to change the price last second all the time.
Try selling something on Craigslist. You'll quickly realize that online can be a kill or be killed world.
I don't blame the dealership... except... they should have said that the car was available to everyone until payment was given. The dealership communication was not ideal.
RM
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Re: Help! Dealer may have sold the car we are buying
You haven't purchased anything and have no claim to the car. Unless you sign a loan or put the cash down, it isn't yours and they have no obligation to hold it for you if someone else decides to purchase it on the spot. From the dealer's perspective, they likely have people show significant interest in cars (particularly online) only to never show up or disregard the car once they see it. Yes, it sucks but cash (or a hefty auto loan) is still king. Don't worry, another good deal on a car will present itself.
Last edited by Taxapalooza on Tue Mar 02, 2021 9:13 pm, edited 3 times in total.
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Re: Help! Dealer may have sold the car we are buying
Used car dealers don't volunteer information unnecessarily. Hardly surprising.ResearchMed wrote: ↑Tue Mar 02, 2021 8:53 pmemphasis addedbrian91480 wrote: ↑Tue Mar 02, 2021 8:50 pm I started reading this post wanting to be on the OP's side. But... unfortunately it seems like the OP didn't buy anything.
Most people on this forum have probably sold things online before. People no-show, or screw with you trying to change the price last second all the time.
Try selling something on Craigslist. You'll quickly realize that online can be a kill or be killed world.
I don't blame the dealership... except... they should have said that the car was available to everyone until payment was given. The dealership communication was not ideal.
RM
OP will be better informed and better prepared next time. Happy hunting, OP!
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Re: Help! Dealer may have sold the car we are buying
Something similar happened to me several years ago. Instead of buying online, I was sitting in the dealer buy a vehicle from another location in their network about 50 miles away and was to be transferred the next morning. The next morning i got a call that the car was sold the previous night and I was SOL. I had done all the paper work, had financing set up, everything just not physical possession of the car. I was very irritated, and researched my options....turns out, at least in CA, a car deal isn’t “done and final” until you take physical possession.
Since then I have bought a vehicle that the dealer was going to do some extras too; things like spray in bed liner and wheels/tires. I had to physical drive the vehicle off the lot and then immediately back to leave for them to install the extras. Driving off the lot was critical to finalizing the deal.
Since then I have bought a vehicle that the dealer was going to do some extras too; things like spray in bed liner and wheels/tires. I had to physical drive the vehicle off the lot and then immediately back to leave for them to install the extras. Driving off the lot was critical to finalizing the deal.
Re: Help! Dealer may have sold the car we are buying
I’m kinda with you here.....stan1 wrote: ↑Tue Mar 02, 2021 8:48 pm I'm inclined to side with the business on this one. Car goes to the first person who shows up with money down and a signature on a contract. That's how I'd work if I was a salesperson in this business (sure glad I'm not). I'm sure the dealer has plenty of stories about customers who had an appointment and then never showed up despite vigorous assurances they would.
FWIW OP, I have heard really good things above Carvana. That might be one hassle free way to move forward..... I haven’t personally used them, but have several friends that have.
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Re: Help! Dealer may have sold the car we are buying
Thank you for the Carvana suggestion. Everyone's feedback helps me learn how this game is played.
I'm uncertain if our declaration that we would pay cash was actually a hindrance? It was sold to a buyer who was filling out a finance application several hours after we were supposed to take possession of the vehicle. Next time we'll reconsider showing our cards, altbough we were required to select cash or credit when we completed the paperwork.
We'll likely also discuss this with a relative who is an attorney. Or we may just get on with our lives...
I'm uncertain if our declaration that we would pay cash was actually a hindrance? It was sold to a buyer who was filling out a finance application several hours after we were supposed to take possession of the vehicle. Next time we'll reconsider showing our cards, altbough we were required to select cash or credit when we completed the paperwork.
We'll likely also discuss this with a relative who is an attorney. Or we may just get on with our lives...
Last edited by Colorado14 on Tue Mar 02, 2021 9:44 pm, edited 1 time in total.
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Re: Help! Dealer may have sold the car we are buying
I'm not quite sure why the dealer wouldn't have at least mentioned "nothing final until you pay me...".Doom&Gloom wrote: ↑Tue Mar 02, 2021 9:10 pmUsed car dealers don't volunteer information unnecessarily. Hardly surprising.ResearchMed wrote: ↑Tue Mar 02, 2021 8:53 pmemphasis addedbrian91480 wrote: ↑Tue Mar 02, 2021 8:50 pm I started reading this post wanting to be on the OP's side. But... unfortunately it seems like the OP didn't buy anything.
Most people on this forum have probably sold things online before. People no-show, or screw with you trying to change the price last second all the time.
Try selling something on Craigslist. You'll quickly realize that online can be a kill or be killed world.
I don't blame the dealership... except... they should have said that the car was available to everyone until payment was given. The dealership communication was not ideal.
RM
OP will be better informed and better prepared next time. Happy hunting, OP!
Who knows, they might have made the sale sooner.
RM
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Re: Help! Dealer may have sold the car we are buying
I see the point raised that no deposit was placed therefore others can buy the car. But that dealers website had a "Buy online" link. If a person clicks and follows the dealers requests I could see how they have a reasonable expectation they are buying the car. If the legal requirement is a deposit is necessary that should have been the last step of the "Buy Online" link. OP, you'll find another car. I would give a truthful review of the dealership on social media sites.Colorado13 wrote: ↑Tue Mar 02, 2021 6:26 pm The website has a "Buy online" option so we clicked the link ....
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Re: Help! Dealer may have sold the car we are buying
You test-drove the car, but then did not buy it right away.
You left, and later bought off the website.
Maybe the price dropped, or you were shopping for another car, and didn't find one.
I go to the dealership and buy there, and take possession right away . That way, nothing can happen to the car between when you buy it, and when you take possession.
You left, and later bought off the website.
Maybe the price dropped, or you were shopping for another car, and didn't find one.
I go to the dealership and buy there, and take possession right away . That way, nothing can happen to the car between when you buy it, and when you take possession.
- SmallCityDave
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Re: Help! Dealer may have sold the car we are buying
You should take away what you could have and should have done different that's not to say the dealership is perfect but you can't control them work on what you can do better next time.Colorado13 wrote: ↑Tue Mar 02, 2021 9:37 pm Thank you for the Carvana suggestion. Everyone's feedback helps me learn how this game is played.
I'm uncertain if our declaration that we would pay cash was actually a hindrance? It was sold to a buyer who was filling out a finance application several hours after we were supposed to take possession of the vehicle. Next time we'll reconsider showing our cards, altbough we were required to select cash or credit when we completed the paperwork.
We'll likely also discuss this with a relative who is an attorney. Or we may just get on with our lives...
The car wasn't sold to "the buyer who was willing to fill out the finance application" it was sold to the person who was willing to commit. The car wasn't sold to you because you told them you'd be paying cash it wasn't sold to you because you (likely) said thanks for the test drive we will go home and think about it. There's a LOT to be said for being there ready to make the transaction happen. The talk of talking to the attorney is just silly.
BTW I have nothing against going home and thinking about it but don't hold it against the dealership if/when they have someone that's ready, willing and able to pull the trigger.
Re: Help! Dealer may have sold the car we are buying
This isn't worth a headache. Just move on, maybe you'll find something better anyways.
Re: Help! Dealer may have sold the car we are buying
Maybe if you had offered the dealer a deposit over the phone when they called to say they might sell it to someone else they may have held the car for you.
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Re: Help! Dealer may have sold the car we are buying
Legality would depend on the wording of documents indicating mutual acceptance of purchase contract. I doubt there is a clear case to make against them.Colorado13 wrote: ↑Tue Mar 02, 2021 6:39 pmI offered to go to the dealership and wait until the car is returned but they won't turn away the current test drivers (but are willing to turn us away... which I think is strange and possibly illegal?) Most likely we'll have to move on. We're not willing to deal with this dealership if they do not provide the specific car that we bought online. They have not yet offered to provide a good deal on another car. It would be difficult for them to do so because this was a low mileage pre-owned car; most others of this model had 30,000-40,000 more miles on them so the other cars are not similar alternatives.Kenkat wrote: ↑Tue Mar 02, 2021 6:29 pm Is it a common car? If yes, I’d probably move on if they sell it. I’d make sure I get all my money back and maybe you could pay a visit to the dealership and ask them to make it up to you with a good deal on another car, but if it’s gone, it’s gone.
For fun, you can play out in your mind that you are Tony Soprano or Joe Pesci in Casino and pay them a visit but it’s not recommended for most people.
p.s. if you are actually at the dealership and the car is still being test driven tell them you are ready to sign now and to get your car back right away.
I'm not sure what their game is. It might one salesman swiping a sale out from under another. It might be them hoping to get you and the other driver bidding against each other. Maybe they get a lot of people "buy online" and then never show up, so they figure a bird in the hand is worth two in the bush.
Regardless, other low mileage cars will come up. Trust me on this. I've been contemplating replacing my current car with a low mileage used car for over a year now. Every month or two, the bug strikes to me to watch the listings for a couple days, and there has always been multiple 2 year old cars with less than 15,000 miles on them, with a clean carfax included in the listing. Keep in mind, I'm looking only at manual transmissions of a specific model. You'll be shopping from a pool 10 times as large as I am. Sites like Autotrader or Edmunds are useful for searching multiple dealerships to find the model, year range, and miles I'm looking for, then contact the dealer for a drive and hopefully discuss price.
Also, I would suggest being flexible on mileage if the price is proportionately better.
Re: Help! Dealer may have sold the car we are buying
I think car dealerships just haven't figured out online car purchasing yet. Their technology and sales mentality is stuck in 1992, or maybe 1962. Perhaps there are people "buying" online who don't complete the sale process. Honestly, I don't give car dealers money who waste my time or otherwise have poor customer service practices. I walked out on a car dealer that wouldn't honor the online price their internet person had said they would match. The difference was ~$500 but I left on principle and have no remorse about it. There are other dealers and other cars. I say move on with your lives.Colorado13 wrote: ↑Tue Mar 02, 2021 9:37 pm Thank you for the Carvana suggestion. Everyone's feedback helps me learn how this game is played.
I'm uncertain if our declaration that we would pay cash was actually a hindrance? It was sold to a buyer who was filling out a finance application several hours after we were supposed to take possession of the vehicle. Next time we'll reconsider showing our cards, altbough we were required to select cash or credit when we completed the paperwork.
We'll likely also discuss this with a relative who is an attorney. Or we may just get on with our lives...
Re: Help! Dealer may have sold the car we are buying
What OP didn't say directly in the first post is the most vital. He didn't put any money down. No entitlement. End of story.
"Don't trust everything you read on the Internet"- Abraham Lincoln
Re: Help! Dealer may have sold the car we are buying
I think the end game might have been OP was paying with cash. Second buyer was filling out a credit application. If financed thru the dealer they make extra $$.iamlucky13 wrote: ↑Wed Mar 03, 2021 9:53 am I'm not sure what their game is. It might one salesman swiping a sale out from under another.
Francis
"Success is getting what you want. Happiness is wanting what you get." |
Dale Carnegie
Re: Help! Dealer may have sold the car we are buying
I'm glad to read that nobody was injured in the wreck that resulted in OP needing to purchase another car.
But there is no indication that the OP was cheated or swindled out of a car that he/she actually purchased. While the OP never specifically answered questions from multiple posters about whether they signed a purchase agreement or paid any money to the dealer, the information that they did provide suggests that neither of those things occurred.
So despite the OP's statements that they "purchased the car over the dealer's website" and "we bought online", this thread could be more properly summarized "Dealer may have sold the car we were interested in buying". If there was no signed purchase agreement, no signed contract, no signed buyer's order, no signed bill of sale and no money changed hands, there was no purchase. Thus there is nothing to talk to a lawyer about, nothing to complain to the BBB about, and nothing to get upset about.
It does appear that this car dealer uses a less than forthright technique to "hook" a potential customer by soliciting them to submit personal financial information online before inviting them to come in to "finalize the paperwork." Based upon that approach, I'm sure when you arrive to purchase the car, the "real" negotiation begins.
OP would be doing others a service by posting an honest review of his/her experience online and alerting others to this practice. And OP should obviously avoid any relationship with that stealership dealership in the future. While there are more options for hassle-free car buying today, some things never change and the stereotypical sleazy sales practices of some stealerships dealerships is one of them!
Good luck in your vehicle purchase OP! I have personally found that when I miss out on one opportunity, I invariably find a better one in the future. I hope you experience that in this case as well!
But there is no indication that the OP was cheated or swindled out of a car that he/she actually purchased. While the OP never specifically answered questions from multiple posters about whether they signed a purchase agreement or paid any money to the dealer, the information that they did provide suggests that neither of those things occurred.
So despite the OP's statements that they "purchased the car over the dealer's website" and "we bought online", this thread could be more properly summarized "Dealer may have sold the car we were interested in buying". If there was no signed purchase agreement, no signed contract, no signed buyer's order, no signed bill of sale and no money changed hands, there was no purchase. Thus there is nothing to talk to a lawyer about, nothing to complain to the BBB about, and nothing to get upset about.
It does appear that this car dealer uses a less than forthright technique to "hook" a potential customer by soliciting them to submit personal financial information online before inviting them to come in to "finalize the paperwork." Based upon that approach, I'm sure when you arrive to purchase the car, the "real" negotiation begins.
OP would be doing others a service by posting an honest review of his/her experience online and alerting others to this practice. And OP should obviously avoid any relationship with that stealership dealership in the future. While there are more options for hassle-free car buying today, some things never change and the stereotypical sleazy sales practices of some stealerships dealerships is one of them!
Good luck in your vehicle purchase OP! I have personally found that when I miss out on one opportunity, I invariably find a better one in the future. I hope you experience that in this case as well!
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Re: Help! Dealer may have sold the car we are buying
Op--
Can you purchase a new car from a company with good reliability like Toyota, Honda, Lexi's, Subaru, etc? I much prefer buying new since we keep our cars at least 10 years.
Buying new you may be able to find 0 or very low interest rates. We like to buy new because I know I maintain my cars well and they have the latest safety features. The last 3-5 years has had an explosion of safety technology.
Can you purchase a new car from a company with good reliability like Toyota, Honda, Lexi's, Subaru, etc? I much prefer buying new since we keep our cars at least 10 years.
Buying new you may be able to find 0 or very low interest rates. We like to buy new because I know I maintain my cars well and they have the latest safety features. The last 3-5 years has had an explosion of safety technology.
We plan. G-d laughs.
Re: Help! Dealer may have sold the car we are buying
+50galawdawg wrote: ↑Wed Mar 03, 2021 10:23 am
But there is no indication that the OP was cheated or swindled out of a car that he/she actually purchased. While the OP never specifically answered questions from multiple posters about whether they signed a purchase agreement or paid any money to the dealer, the information that they did provide suggests that neither of those things occurred.
So despite the OP's statements that they "purchased the car over the dealer's website" and "we bought online", this thread could be more properly summarized "Dealer may have sold the car we were interested in buying". If there was no signed purchase agreement, no signed contract, no signed buyer's order, no signed bill of sale and no money changed hands, there was no purchase. Thus there is nothing to talk to a lawyer about, nothing to complain to the BBB about, and nothing to get upset about.
"Don't trust everything you read on the Internet"- Abraham Lincoln
Re: Help! Dealer may have sold the car we are buying
A promise to do something, such as purchase a car, would be another example of consideration. Random google hit: https://www.findlaw.com/smallbusiness/b ... uired.htmlwhodidntante wrote: ↑Tue Mar 02, 2021 6:47 pm For a contract to be valid and enforceable, it is necessary but not sufficient that there was consideration. A deposit would be an example of consideration. You should probably move on to the next deal.
It really depends on the words in the agreement.
Re: Help! Dealer may have sold the car we are buying
I was shopping for a slightly used or new car of which only a few hundred were ever made with the options I wanted, and no more were being made. Commonly web site searches turned up empty across the entire U.S., and then one popped up two miles from me. I went to drive it, then across the street to get a Carmax quote for my old car (was higher than the dealer), then back... and it had sold. But since then I've decided I really didn't care that much about that car with those options, and what good is new car in the middle of a pandemic that might drag on for yet another year or more anyway? So no great loss, and I think I'm better off for that car going away.