Guys, I'd like to know what you would do in my position. I bought my 360 from a Florida dealer who received glowing reviews on fchat. I was careful to ask about the manuals and keys and remotes and was assured that all of these items would be provided. I traveled to Florida to inspect and drive the car, but the owner of the dealership was on vacation and his assistant wasn't able to show me the manuals or the spare key or the spare remote. I was however assured that these items were available and that they would be included with the car once it was shipped to me in Canada. Predictably, once the car was delivered the aforementioned items were nowhere to be found. The dealer swears that they were placed in the trunk (underneath the car cover) and that the shipper must have stolen them. The shipper has the contracts in Canada for delivery of all new Ferrari, Lambo, Bentley, Rolls Royce etc. and says that the trunk wasn't opened and that they would never steal any items from any car entrusted to them. Isn't it strange that they didn't take the car cover or the tool kit or anything else -- they only "stole" the items that I'd asked the dealer about many times and which I never saw!!! The dealer says that he's trying to find these items for me, and he says that if I name his name on fchat he will pursue me for defamation of character. I've given him almost a month to come up with anything tangible and he won't answer any emails or phone calls. I'm tempted to get lawyers involved but wonder what you guys think. Should I just chalk this one down to experience and walk away from it? Should I name the culprit on fchat? Do we have any Florida lawyers that read this and who might like to do some work on my behalf? What would you guys do? This guy has provided me with a beautiful car but the experience has been marred because I was so insistent that it should be "complete", and I was assured that it would be, but it's not.
Name names! That will get his attention, defamation what a joke! Hows he going to prove that? He isn't, because only a fool would try to hire an attorney instead of buying the missing items sending them to you and adding one more happy customer to his resume. Any reputable dealer would just buy you the missing stuff and that would be it. The dealer obviously never had the missing stuff and thought he could probably get it from the previous owner? But once they start ignoring my emails and phone calls, screw em! I would send them 1 more email telling them all you want is what was promised and if there isn't a satisfactory to you resolution to the situation immediately, you will post this story on Fchat, 6speed etc and that will cost him a lot more than the missing items he promised to make the deal with you. I just bought a Ferrari and I would have second thoughts dealing with this dealership whoever they are after hearing this story from you. The internet is a powerful tool. One last thing, my advice is based on a truly accurate description from you!
I'm very very tempted to name names, but would love for a lawyer to tell me that it's okay to do so. Yes, my story is 100% correct, and I have the emails to back it up. The dealer even told me that he had accidentally included my manuals with another car, but that they were being sent back to him, and that they'd be placed in the trunk of my car. He says he personally handed the correct manuals (with the spare key and spare remote tucked inside) to his detailer who swears that he placed them in the trunk. On the one hand I don't believe a single word; on the other hand the story seems too far fetched to be a total lie.
Lets see the names. Just state the facts without opinion. The defamation threat is a joke. That said, out of character you should make sure what you say is completely accurate and that more descreet options have been exhausted. I'm in FL and am actively looking and would like to know who to be extra diligent with/wary of.
It is not considered defamation of character if you are stating the truth relating to something you have been wronged about!!! Name that dealer and he can go fly a kite if he is not happy!!! He lied to you is what he did!!!
Here's another interesting fact. My wife and I were on vacation in Florida before the car shipped to Canada. I bought an Omega watch for my wife's birthday, but it came in a huge box which wouldn't fit in our luggage. I asked the jeweler to deliver it to the car dealer for them to place in the trunk of the car. I was told that the detailer did this, and lo and behold, it was in the trunk when the car was delivered. Therefore, isn't it also strange for the dealer to suggest that the shipper would have found and stolen the manuals that were supposedly placed underneath the car cover, whereas the same shipper didn't steal a large, sealed, Omega box!!!
I don't understand the entire purpose of this thread. What is it you want? I thought you wanted you books and stuff. Going on Fchat and telling your story isn't going to do that. If you want revenge or somehow hurt them for what you feel is being wronged, just say what you want to say and be done with it. Stop beating around the bush. You want some good advice? Contact the dealer and then contact a lawyer if you can't work it out. Until then, keep it to yourself no matter how badly the voyeurs here want to know. I'm not opposed to outing bad dealers. Just show us they're bad first. Until either you or the dealer or the transportation company's insurance company have reached satisfaction, I don't see the point in spreading dirt.
Do you have anything in writing on getting the manuals and keys/fobs? If you did not have it in writing than in the US, you had to sign a paper showing the car was sold "as is" or "warranty". All dealers must have that paperwork. As for him holding you liable for anything you say is a bunch of crap!!! You were told that the items were included and they shold have been.. If someone opened the truck, they would have gotten to tool kit. If you can find them on Ebay they go for over $ 1,000.00. I have seen as much as $ 2,000.00. I was in a simailar deal on my 360. The dealer had photos with the tool kit and spare tire inflator with the car. After I got the car home, I open the truck and found no kit, inflator, or manuals. When I asked him about it, he said I if looked close at the new listing, it did not say kit, inflator, or manuals. He did say he sold them, so when I went back an re read the listing , he did remove those items. I got lucky and found a complete set of everything for a total of $ 1,000.00. To replace now "dealers do not have the complete set" so you have to go to ebay and it would be $ 3,000+ for the same items. So, if the dealer did not live up to his promises then what really can he do.... nothing... Put his name out so others will not get burned....
Indeed, I do want the books and stuff, and the purpose of the thread is clear -- namely, should I let this dealer off the hook and procure and pay for these items myself, or should I shame him and pursue him legally. Having not been in this position before I assumed that others on fchat might be able to provide valuable insight as to whether or not it's worth making waves. It seems like a reasonable question to ask. There is now a thread to which I can direct the dealer, and which he can either ignore to act upon. Depending upon his response I may or may not name names. As a public service I should probably name this guy in order to "protect" others on the fchat community.
So, you're basically using all of us (trying to get others here all worked up and angry) to get what you want because you believe the dealer wronged you, even though you have no proof. Is that correct? You want to show you can stir up some anger towards them just by your word versus theirs. Sounds pretty unprofessional to me. Sorry, I'm just being truthful here. Get a lawyer and he'll tell you to shut up and find a private way to handle a private transaction gone bad.
Yes, I signed the "as is" document, but my understanding of the "as is" condition of the vehicle was that it included the manuals, spare key, and spare remote. I have emails from him which predate the "as is" document and which clearly state that these items were included in the transaction. I think I'll direct him towards this thread, give him 2 days to provide a viable solution, and then name names. Potential purchasers out there need to know that they too could be burned by this dealership. These "trivial" items are going to run me of the order of $2K to source, and the manuals won't ever be the right ones for this car, so yes, I'm big time angry about this. It's not every day that I spend $100K on a car, and yes, I would have bought a different car had I known that the items I specifically requested weren't going to be provided.
I have plenty of emails that substantiate my assertions -- what are these if not proof? And no, I'm not using the good people of fchat. I asked for opinions and they have been forthcoming. You don't know the ins and outs -- I've been asking the dealer for a believable story for over a month. It's pretty frustrating. So I can either use the gentle approach (ie., forums such as fchat) or I can go the full-bore legal approach, or I can go away and lick my wounds.
Which is why he is here. Unfortunately this may be the only way to get the dealer to take his complaint seriously
Ummm, the short reply would be "no, that's not correct." And it wasn't a private transaction, it was a transaction with a dealership, so why would a lawyer tell me handle it privately. I suspect a lawyer would be happy to get involved, but you appear to know all of the answers bdelp.
Ah, no. He hasn't gone the legal route yet. He's "thinking about it". I just told him to stop thinking about it and shut up until he does. I really don't care about his story. He's making his case. Great. Let's see the dealer's case. Let's see the shipping company's case because they're being accused of theft. As far as I can tell, he hasn't contacted the shipping company and asked them for compensation based on the claims of the dealer. As far as I can see, he hasn't contacted his own insurance company or the insurance company of the shipping company. Hey, the dealer may be a total A hole for all I know. But, spreading crap before you've even started to get satisfaction seems rather premature. And, I think using other members here to get what you want is a pretty poor way to treat the resources that Fchat has to offer.
I think that is more than fair if you have emails specifically addressing these items. Like another poster suggested, he probably made an attempt to get them from the last owner and couldn't and figured once the car was shipped to canada you were on your own. SInce you were aware of this stuff before the sale though, you should have made them list the items out that come with the car on the contract. Obviously he acknowledged it in emails so if he doesn't fix it, name his name and dealership and I am sure it will cost him more than it would to replace the items or he can come here and explain to us how they were stolen from the shipper.
So, the dealer and you published the contract in the paper or something? Sorry I guess I missed the front page of the New York Times this week. I must of missed it. It wasn't public until you opened your mouth here. Now, you're basically threatening the dealer with blackmail: "give me what I want or I tell everyone on Fchat". That's not me saying it. That's you saying it. Hey, ignore me if you want. Tell me I'm an idiot. I really don't care. I'm just trying to save you a giant load of crap that's about to fall on your head. It's your call. You asked and I told you to contact a lawyer. You can either agree or continue on this path of self destruction. I hope it works out for you. I don't want to see anyone shortchanged. Clearly, you were. No one accuses you of trying to make a claim for something false. You sincerely seem to want to just get your stuff back. But, making things worse isn't going to help you one bit.
Most dealers in the US are required to have you sign a "We Owe" statement, which is where you declare that they owe you something or nothing at all. Did you sign any statement saying this transaction is complete based on your sales contract? It's usually not in a dealers best interest to slight someone on a manual and a set of keys. If you are correct, hire an attorney ($5,000), return the car to Florida ($1,800) and state that you were induced under false pretenses to buy a car that was grossly misrepresented as complete. Or, let's see, you could simply order a manual ($250) and a key ($180) and a remote ($250) and talk to dealer about paying for the whole lot. If he refuses, chalk it up as a bad experience and come back here with some additional details. http://cgi.ebay.com/ebaymotors/Ferrari-360-Modena-Owners-Manual-Spider-OEM-_W0QQcmdZViewItemQQhashZitem23104ad381QQitemZ150597194625QQptZMotorsQ5fManualsQ5fLiterature#ht_1909wt_902
Dealers rely on a good reputation from their target audience. I have seen a resolution come about on many threads like this because the dealer knows it will hurt him if he does nothing. If he comes here he has the ability to tell his side of the story and tell the OP to take a hike if he is BS ing but something tells me he wouldn't be wasting time with this if he didn't have a good reason. Why hire a lawyer for 1k worth of stuff when he can use the forum to help facilitate a resolution for free. Its not blackmail when the other side gets to tell their side as well.
I was just in the process of writing a response that said you made some good points, and you have made some good points, but then you blow it all with inane remarks such as the one above. Are you seriously asserting that a contract is only a contract if it's published within the public domain, or more importantly, that the almighty bdelp has viewed it. Yikes, you're too much.
Newby, good luck. I think you are doing the right thing. You're supposed to spend $2-3K on a lawyer to recover 2-3K worth of material? If I were you, I would do what you are doing. Give this guy one last chance, and otherwise let a bunch of fellow enthusiasts on the internet know he's a jerk-in your opinion. Then, like me, you will probably just suck it up and spend the $2-3K sourcing the materials you are missing. Just in the past week, some person wrote here about a terrible experience he had with a shipping company-they destroyed his 430 if I recall, during the shipping process. A couple posters wrote back to say that we should make posts about these shipping companies prominent (stickies). And I agree. I run a small business. In this age of the internet, and forums like FChat. I know the power one person can have. There are two sides to every story. But your version of the story sounds pretty fair so far. There are some really good and really bad car dealers, and a bunch of guys in between. The whole point of this forum is to find out about this sort of information. Newby's got almost 500 posts. That's not Pap, but he's not someone who only showed up to slam some dealer. One final thing Newby. You've got an amazing car. Don't let this experience ruin it. I've had very few positive interactions with car salespeople. Shake it off and forget about it if you can.
look if you have emails stating the books, etc were coming with the car just take the dealer to small claims court and be done with it.
I'm not too much. I just don't like being used. I don't think many here do. When you go through the process, please come back and tell us what happened. I think it's important. I'd really like to know if the dealer screwed you. I'd like to know who it was. I'd like to know if the driver of the transportation company actually did steal the stuff. I'd like to know what the various insurance companies said and how they treated you. They may all be awful businesses we don't want to deal with. That's useful stuff to us to know... when the true story is finished. But, don't start a thread trying to drum up support here, get everyone angry, and then use all of us for your case of putting pressure on people to get your way. You may (and probably were) terribly wronged. Don't use us as your solution. Sorry, I don't think that's too much to ask for a bunch of people who really would like to support you in getting things right.