Deal gone bad at courtesy acura in ky!

[droptopcrusing]

I've been in search of an automatic silver for over a year. I believe I found the right one at an acura dealer in ky. I had to go through 2 week long verifcation process w/ peoplefirst to get financing. In the meantime, I had put a deposit on the car. When i did finally get the check, I was ask by general manager to fax a copy of the check so they know the deal was definitely going down. I made the check out to them and faxed and called the general manager dan glass to confirm and he said he got it and we had a done deal. I called the next morning to talk to the salesperson to arrange paper work and shipping. He said he was busy and would call me back later. He calls me back and told me to talk to the general manager. I did and he said the car was sold to someone else! I was buying at 25k so obviously he found someone last minute that was will to pay more. In his words, a deposit means nothing. I will not be jerked around like this!


Oh and if someone on this board went to the dealer and offered more money because they saw my post asking about the car on this board, then I fully expect the car will bring them nothing but headaches and major repair work in the near future.

http://www.nsxprime.com/forums/showthread.php?s=&threadid=21760

 

[AaronR]

Sorry to hear that, it was a really nice looking car for 25k!
Aaron

 

[Doug]

Did you have any type of signed agreement in return for the deposit?
Guess you won't be needing me to stop by there tomorrow when I'm in Lexington...
Doug

 

[droptopcrusing]

No but a deposit serves as a binding option contract and there is offer and acceptance so I do not think I need anymore than that.

 

[nsxtasy]

No but a deposit serves as a binding option contract and there is offer and acceptance so I do not think I need anymore than that.

A deposit does NOT represent a binding contract.

A verbal (oral, unwritten) agreement - in which a commitment by both parties to the deal is clear - generally DOES represent a binding contract. However, it is difficult to prove in court if one party denies it. Furthermore, even if you could prove it, you would not be likely to get much in the way of compensatory damages; they could simply claim that you did not get a car worth $25K and instead you got your deposit back so you are out nothing. Perhaps you could get punitive damages, but perhaps not.

Of course, that is the legal interpretation. This does not excuse the behavior of the dealer. I consider it wrong, even if it's not illegal. Wrong, of course, is a subjective, moral judgment.

Whenever you're buying a car - whether it's from a dealer or from a private party - getting a written contract at the time you both commit to the deal is generally a good idea...

 

[Autophile]

It sounds like "Courtesy Acura" is not honoring its own name...

 

[droptopcrusing]

A deposit does NOT represent a binding contract.

A verbal (oral, unwritten) agreement - in which a commitment by both parties to the deal is clear - generally DOES represent a binding contract. However, it is difficult to prove in court if one party denies it. Furthermore, even if you could prove it, you would not be likely to get much in the way of compensatory damages; they could simply claim that you did not get a car worth $25K and instead you got your deposit back so you are out nothing. Perhaps you could get punitive damages, but perhaps not.


Of course, that is the legal interpretation. This does not excuse the behavior of the dealer. I consider it wrong, even if it's not illegal. Wrong, of course, is a subjective, moral judgment.


Whenever you're buying a car - whether it's from a dealer or from a private party - getting a written contract at the time you both commit to the deal is generally a good idea...

According to Restatements of Contracts section either 87, 45, and 62 an argument could be made that there was a binding option contract. Restitution damages are minimal, but not expectation and reliance damages. Punative damages are never awarded in contract disputes unless it is accompanied by a tort but thats not what im looking for. At this point all I want is specific performance for a clean automatic silver nsx for the same price.


In a court sitting in equity, it would be legally wrong.


Since this was a distance buy, signed paper work by both parties was not possible at the time of offer and acceptance.

 

[4AU4LIFE]

Man, that sux. Sorry to hear about it.

It sounds like "Courtesy Acura" is not honoring its own name

That's for sure.

 

[nsxtasy]

According to Restatements of Contracts section either 87, 45, and 62 an argument could be made that there was a binding option contract. Restitution damages are minimal, but not expectation and reliance damages. Punative damages are never awarded in contract disputes unless it is accompanied by a tort but thats not what im looking for. At this point all I want is specific performance for a clean automatic silver nsx for the same price.

In a court sitting in equity, it would be legally wrong.

Since this was a distance buy, signed paper work by both parties was not possible at the time of offer and acceptance.

Yes, that's exactly what I meant to say.

There are 56 Sebring Silver automatics out there. While that number isn't HUGE, it shouldn't be impossible to find one if you keep looking long and hard enough. Good luck...

 

[NemesisX]

Thats a really tough break for you droptop!!!! They should have honored it because you put a deposit down... Seems that greed has once again shown its ugly head and someone (possibly thru prime) has jacked the car out from under you. I know that it may seem brutal right now but I think that someone may have been watching out for you instead. The Dealership is OBVIOUSLY one NOT to do business with either with buying or servicing a car because they DONT honor their word and most likely will do shoddy or shady service work. One thing I do know is that, that kind of attitude is top-down...meaning that if the owners condone it, it filters down thru the ranks...So be grateful that you didnt give your hard earned money and more to them!

 

[TimzX]

Sorry to hear your bad experience. I took delivery of a used NSX from an Acura dealership in Wisconsin a week ago. The deal was done from 2200 miles away. and the experience was absolutely superb! If you're dealing with a reputable Acura dealership, well...that's the way it should be. Sorry to hear the deal tanked...but whatever the told you about the car was probably less than 100% reliable anyway. Consider yourself lucky.
Tim

 

[droptopcrusing]

Thanks TimzX and NowSeeX's, you're probably right,

The general manager said to me maybe it's a blessing in disguise that I didn't get...so maybe there was a hint there.

Btw, to whoever owns it now, not only does it not have any tune up history at least in the past 5 years at any acura dealership in ky (the car never left ky and the computer records only go back to 98), it never had the timing belt or water pump replaced. And also the general manager and whoever else racked up over 2k miles on it while it was sitting on the lot. Oh and those rims were probably not offset properly by the g.m. It's a shame whoever bought it had to shell out more money than I would have had to (25k). Hope they didn't pay the asking price of 30k

 

[ss_md]

Sorry to hear of your unfortunate circumstance. This happened to me when I was trying to acquire my '02. The dealer (So. Coast) sold the car in the morning to (what they claim) be an all cash buyer. They told me an Asian couple came in to buy the car for their 21-22 year old son. So I called around found another car and made a deal over the phone with a different dealer. IMO - South Coast Acura = .

 

[jlindy]

I am so sorry to hear about that...I know that it sucks especially since you feel helpless becasue you are so far away and can't march over there. Think about it this way. What is the difference between buying a NSX at 25K and then putting 3-5 grand into repairs vs. buying one that's all up to date already for 28K-30K??? Keep looking and I am sure that you will find the one you are looking for and in much better mechanical condition. You will then thank that Acura dealership for saving you a great deal of worry and headache over fixing a subpar vehicle. You would have spent a lot of $$$$ and TIME in the shop. Just finding a ride when my car goes to the shop alone is enough. Would it be worth a few extra grand if all you had to do was fill her up and drive?

 

[droptopcrusing]

I am so sorry to hear about that...I know that it sucks especially since you feel helpless becasue you are so far away and can't march over there. Think about it this way. What is the difference between buying a NSX at 25K and then putting 3-5 grand into repairs vs. buying one that's all up to date already for 28K-30K??? Keep looking and I am sure that you will find the one you are looking for and in much better mechanical condition. You will then thank that Acura dealership for saving you a great deal of worry and headache over fixing a subpar vehicle. You would have spent a lot of $$$$ and TIME in the shop. Just finding a ride when my car goes to the shop alone is enough. Would it be worth a few extra grand if all you had to do was fill her up and drive?

In hind site it may be for the better. However, I will not be jerked around and disrespected. I hated contracts class in law school but now I am so glad that I took it.

 

[KGP]

In hind site it may be for the better. However, I will not be jerked around and disrespected.

I hear ya. IMO they should have something coming to them. They knew they were wrong by doing it in the first place, else they would have called and told you that they had a better offer. They took the low road and sold it out from underneath you. Getem if you can, but don't loose sleep over it.

 

[Bilulan]

in no way do I agree with them selling the car while holding your deposit, but you did mention that it took people first 2 weeks to approve/deliver your check. My experiences with people first has been instant approval and check in hand in less than 24 hours. Maybe the dealer took an offer thinking your financing wasnt gonna happen. After all, not every institution finances older used cars as easily.

I still don't like their practice, but I do see it through the eyes of both that they may have had a solid offer come through. Many X's sit for months and months unsold on lots (especially in this economy)

Sorry to hear about it, keep looking. Prices aren't going up so I'm sure you will find a deal that suits you in the months to come.

 

[droptopcrusing]

in no way do I agree with them selling the car while holding your deposit, but you did mention that it took people first 2 weeks to approve/deliver your check. My experiences with people first has been instant approval and check in hand in less than 24 hours. Maybe the dealer took an offer thinking your financing wasnt gonna happen. After all, not every institution finances older used cars as easily.

I still don't like their practice, but I do see it through the eyes of both that they may have had a solid offer come through. Many X's sit for months and months unsold on lots (especially in this economy)

Sorry to hear about it, keep looking. Prices aren't going up so I'm sure you will find a deal that suits you in the months to come.

Well inbetween the wait on peoplefirst, they told me someone offered them more money but did not take it since the car was being held for me. It was not until after the g.m. told me we had a done deal when I faxed a copy of the check that the car was sold to someone else the next morning.

 

[4AU4LIFE]

Any way you look at it, it sux.

 

[POWERED by HONDA]

IMO - South Coast Acura = .

ss_md, I went through the same crap with this dealer. I was all set for a 2000 Yellow...

 

[droptopcrusing]

Anyone with bad experiences should file a complaint to Acura/Honda. Then if you want some resolution, file a complaint with the dealerships state Attorney General's Office Division of Consumer Affairs and the Better Business Bureau. If nothing comes of that and your really steamed like me and think you have a good case, seek legal remedies. The law favors the party being jerked around in business contracts.


Well, if anyone knows of a sebring silver nsx automatic let me know. Like Nsxtasy said, only 56 were ever made.

Thanks,
John

 

[Doug]

Hey John
I found your car. It was purchhased by a dealer in Louisville. Strange, because there is no way that they sold it to another dealer for much higher than they accepted with you. The dealer is the largest in KY. They carry over 12 different brands with a huge multiplex. Saw it on cars.com. Here is the link.
http://www.cars.com/search/used/cc/...tml?paId=130461062&aff=national&src=&cid=null
I will check it out tomorrow because I will be seeing local appointments.
Doug

 

[Spencer]

Sorry to hear about the deal going bad, droptopcrusing...

But look at the bright side, at least this thread didn't de-evolve into the classic "why do you want an automatic/they suck/they're all slow" rant that we downtrodden auto minorities are constantly subjected to.

Keep up the search, you'll find one!

 

[brahtw8]

Sorry to hear your bad experience. I took delivery of a used NSX from an Acura dealership in Wisconsin a week ago. The deal was done from 2200 miles away. and the experience was absolutely superb! If you're dealing with a reputable Acura dealership, well...that's the way it should be. Sorry to hear the deal tanked...but whatever the told you about the car was probably less than 100% reliable anyway. Consider yourself lucky.
Tim

Tim, how the heck was your drive home?

Sorry I missed you at the dealership. John said you came by 15 minutes after I left. It would have been too much of a coincidence if we met that day.

I heard you were running with the Harley boys on the way home. Its Harleyfest here in Milwaukee.

If you are like me, the biggest problem is trying to avoid putting miles on the NSX. I'm creeping up on 7500 since May 3rd, and I don't drive it every day.

Back to the topic . . .

I think you guys have pretty much covered the contract issues. As a practical matter, being from the 'law-in-action' school, you aren't going to sue them. Not worth the time, money, and hassle for the potential recovery.

I am curious as to why the car was sold to another dealer.

(Sorry, mine's a 5-spd. and not for sale anytime soon, knock on wood. )

 

[droptopcrusing]

Tim, how the heck was your drive home?

Back to the topic . . .

I think you guys have pretty much covered the contract issues. As a practical matter, being from the 'law-in-action' school, you aren't going to sue them. Not worth the time, money, and hassle for the potential recovery.

I am curious as to why the car was sold to another dealer.

(Sorry, mine's a 5-spd. and not for sale anytime soon, knock on wood. )

Sometimes its not about the damages...its a matter of principle, so time is negateable. And it will not cost me anything to persue this.