| Ever Sued By the Dealer?
On May 26th, '06, I pluncked down $5,000 in cash for a new GL450. Seven days later, I took delivery.
I drove my car proudly for one week. My dealer called me and demanded I pay an extra $5,000 for it.
It appears the dealer pulled some kind of accounting error and undervalued the car by $5,000. After they realized their mistake and I refused to tender the extra $5,000, the dealer sued me in small claims court for $4,602. This price represents the cost of an Audiovox DVD player and a back up camera in the car.
Here's what the dealer did. I ordered the premium 01 package along with a DVD player and camera. The dealer sent the car out to a hack shop to install the DVD and the camera and whipped up a separate bill. When I called the dealer, they gave me the final price for pick up of the car.
When they realized their error, they said I failed to pay for the DVD and camera, pumped up the price of the two items to $4,602 and sued me.
I got the judge's decision today after trial the night of the 16th.
I won. I owe nothing to the dealer. I hope they don't appeal. The central issue in the case was whether there was a separate contract for the DVD and the back up camera. The answer was "no" because there was no signed writing for these items and any ambiguity in the main contract was construed as against the dealer. On appeal, the dealer would lose and spend more money on a lawyer than the $4,602.
This matter completely spoiled my experience with the car and it very well may be a cold day in hell before I ever buy another Mercedes again.
Every time I look at my GL, I remember this deceptive and fraudulent sales practice at the dealer: parcel the car out to sub-shops at the dealer and then run around and pay everyone their share for the car and have an Audiovox in a new GL. |