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siemer auto center
siemer auto center the dealership made a mistake and back out of a signed contract because of it freemont, Nebraska
5th of Apr, 2011 by User778559
On day this guy I know named Eric, went to this dealership to purchase a new truck. After they had discussed the trade in values of his 2 cars the dealer asked if he wanted to apply for a loan.
Knowing that he would probably need a co-signer, he explained to the sales tech that he did not have one. The sales tech said it wouldn't be a problem and got the loan approved saying how it might not still be available the next day. Then the sales tech said that they were "technically" buying the trade-ins for cash so if Wells Fargo had called, tell them that they had paid him cash. Agreeing to this they signed all papers.
Before leaving the sales tech asked if he wanted to take the new vehicle home, and Eric declined saying he wanted to clean out his vehicle first and also bring in all paperwork to properly make the exchange saying he would be back that weekend but, with both his trade-in vehicles this time.
Eric got 3 calls from the dealer, asking if he was still planing to make it out there the same day or if he could make it sooner. Each time he told them he would but wouldn't make it sooner do to working out of town and also living out of town from the dealers car lot. Letting the sales tech know he would be there in an hour and a half, as planned, asked if they could have the vehicle ready for him since he was kinda in a hurry, since he had to work that night.
So when Eric shows followed by his brother in his other vehicle he notices his new truck is still on the lot with another customer looking at. He asked about it, and they said "so they didn't have an empty spot on lot".
Shortly after that a sales tech came out looked at vehicle saying the deal wasn't going to work. Eric said that it was a signed contract and he didn't understand the problem. The owner came out saying that they had "made a mistake" and gave him to much for his trade-ins and would't make a profit in the deal. Eric said that wasnt his problem and they shouldn't have signed the papers. The owner said that the value of truck (that had been signed sight unseen) ws based of continginsy and they were backing out. Eric asked where that was in the contract. The owner said it wasnt, but that it did not matter and if he still wanted the truck he needed another $3000.
Eric and his brother left with both vehicles and went to his uncles down the street to explain to his aunt and cousin (who had over 20 yrs combined experience in selling car) if the deal was legit. Both of them as well as his father looked it over saying it was a valid agreement.
Eric went back up there bringing his father and they went into the owners office trying to figure the situation out. The owner said that he would call the bank and have the loan cancelled saying it was a trade-in and not a cash deal. They said that it was still for the same amount and the way the dealership recieved the money didn't matter. The owner said that if they didn't like it to take him to court because they would lose. Hearing that, Eric's father said that wasn't the case and that he works in the court system. Then asked if the owner would hold off on canceling the loan and save the truck until he talked to his sales manager who was the once that closed the deal. Agreeing to this, they shook hands and parted ways.
Two days later, monday morning, Eric got a call from the bank saying how the dealer had cancelled the loan.
Eric contacted his attorney on the matter.
That next monday Eric was able to meet up with his attorney and showed him all paper work. Eric also let him know how the trucks price had dropped $3000 in price which was the exact price he had asked them to lower it so the deal would work when they had originally refused. Eric's attorney read the paperwork and said that it was a binding contract and his advise was to call the dealership and see if they would go through with the deal since the price had been dropped.
The next day Eric called and talked to the owner about the truck. The owner had said that it had already been sold a few days before hand.
Eric had heard a rumor from one of his friends , (since they went to the same school as a few of the sales techs from the dealership) that the "mess up" the dealer did was dealing with kelley blue book. The sales manager had typed Eric's vehicles as private sellers instead of trade-in values.
Basically a good guy had gotten screwed over by this dealership all because someone made a mistake or plain just didn't know what he was doing.
Hopefully this will help him out seeing how no one should have to deal with this crap from a car dealer, owner or not. A signed document is a signed document.

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