Vehicle: 1986 190E 2.3-16, 1992 190E 2.3 and 2007 GL450
Location: new york city
Posts: 850
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.
why worry, you won then fuck the dealer. enjoy the car. it is the dealers mistake not merc's one. my 2 cents.Actually i would have counter sued the dealer for mental harrassment and got $5000 from him.
Really. What did Mercedes have to do with it? You're in NYC, there's plenty of MB dealers around there. Don't let one out of a bunch spoil the whole experience.
I won. I owe nothing to the dealer. I hope they don't appeal. snip
Not sure about New York but here in WA, one of the 'conditions' of small claims court (besides the fact that no lawyers are allowed) is that neither side is allowed to appeal the decision. That is especially true for the side that makes the claim - in this case the so called dealer.
I agree with the previous comment that this experience doesn't reflect on M-B at all - they just design and build the car. They actually have very little control over the dealer. Just chalk it up to dealing in New York!
Vehicle: 1986 190E 2.3-16, 1992 190E 2.3 and 2007 GL450
Location: new york city
Posts: 850
Quote:
Originally Posted by mlfun
$5000 for a GL450. That's insane.
More accurately, I made a cash down payment for $5,000. Then, I got a $55,000 check from one bank. Then, I needed to get the difference between the final price of the car and the $60,000.
The dealer jerked me around until the day prior to delivery. He said I had to get a check for $6,485, so the entire car complete was $66,485.
I paid, I got the keys, I got the tour of the car and I drove off the lot.
That's when they decided to hit me up for another $5,000.
Then came the suit. Because it was in front of a small claims judge, their right to appeal is guaranteed.
I don't mean to stereotype, but has anyone else had issues with this NYC dealer? Every city in the US has fraud and idiots who try and take your money, but there are clearly more of these in NYC than other cities. I would hate to think that it even hits dealerships of upscale cars. Wouldn't MBUSA want to know about this and revoke this dealer's license of MB?
I would hope so, but it seems there would have to be more folks upset with these guys than just lomtevas...
Linear Mode
