Disreputable Dealer -- what would you do? | Page 4 | FerrariChat

Disreputable Dealer -- what would you do?

Discussion in '360/430' started by Spitfire, May 17, 2011.

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  1. arizonaitalian

    arizonaitalian Two Time F1 World Champ
    Owner Silver Subscribed

    Oct 29, 2010
    20,503
    Wyoming
    #76 arizonaitalian, May 18, 2011
    Last edited: May 18, 2011
    He did say that he has been trying to resolve with the dealer for 30 days and now isn’t even getting emails or call returned. He also is in Canada and a lawsuit is likely far more costly than purchasing the items. Turning here for advice is a fair and appropriate use of the forum IMHO, specifically because of the following helpful advice he got:

    He did get some useful advice on several fronts; (i) he got the good advice to turn his attention to the shipper since the dealer says the items were in the car; (ii) he got some informal advice that the dealers threat to sue him for saying what happened is a remote threat at best and likely bluster or misplaced.

    Wow. Blaming the victim is a regrettably frequent response…
    He was told the items existed and there is typically no place to put stuff like that on a standard car contract. What was he supposed to do? What do those of us who have bought used Ferrari’s do? Should we say “I believe you, but could you get out an HD camera and take pics of each item and open the books so that I can read the VIN# and send those to me and have the shipping company sign off on each item as “accepted” before it ships? Perhaps (seriously that’s not a bad idea). That said, I am willing to bet that a huge majority of F-car buyers don’t do that (especially from a dealer, perhaps more do with a private party)…but, if that is your standard, then yes, I guess taking a big-ticket dealers word that something is “in the car” multiple times and having it not be true is certainly only the buyers fault. Got it.
     
  2. Ky1e

    Ky1e Formula 3

    Mar 4, 2011
    1,252
    FL
    Wow, some very critical people here. At least its entertaining to see the personality traits.

    I support the OP. Circle the wagons and support a fellow fchatter until proven not to.
     
  3. xraes

    xraes Karting

    Apr 6, 2011
    120
    NC
    I'm very new here, which often leads me to the conclusion I should most often keep my mouth shut and listen (as my late father taught me). That said, as I'm in the market for my first Ferrari, I've read just about every thread and post in this section for the last several weeks with keen interest. A couple of my thoughts:
    1) What occurred (based on facts provided by the OP) is criminal.
    2) Being a member of a couple of other similar, non-auto related forums, I think this IS the perfect place to look for guidance, vent, ....
    3) Why not just state who the dealer is? If the facts are as stated, what's to lose at this point? A thread to help other potential buyers not make the same mistake seems like a no-brainer to me. I guarantee if the same happened (s) to me, after 30 days of looking for a peaceful, sensible solution, I'd name names and hire an attorney. You can always recoup attorney costs if a suit is filed.
    Get on with it! Who did this??


    Rodney
     
  4. Jimmilew

    Jimmilew Formula Junior

    Apr 13, 2011
    364
    OP: you have made your points, and they seem fair. Go work it out with the seller politely and professionally and let us know how you made out!

    Community: Great to see a lot of opions, and they seem to have run the gamut from one end of the spectrum to the other. F-chat is an awesome tool to learn and share all we know about these great cars! I think we all can learn a lesson or two from this event.

    Now: Enough! Lets call this a day until the OP comes back with a final resoltion, whatever the outome may be.

    Cool?

    JL
     
  5. 50hdmc

    50hdmc Formula 3

    Oct 10, 2006
    1,211
    Michigan
    Full Name:
    mark s
    .......fill out a Florida DMV complaint (the form is available on line). They will contact the dealer and may assist you, particularly if this is not the first time they have received similar
    complaints. I sent in my form 10 days ago and I know that the investigator from the DMV has already interviewed the dealer in my case.

    I have not posted the name of the dealer either. While there is NO doubt whatsoever in my situation, I prefer to name the dealer after my resolution. I DO want to forewarn others about my experience with this particular dealer. But if they wind up doing the right thing, I want to include that information as well.
     
  6. troy_wood

    troy_wood Formula 3

    Apr 28, 2007
    1,457
    Nova Scotia, Canada
    Full Name:
    Troy Wood
    Mark, I gave the op your contact info as you can see - I wonder if it's the same dealer? If it is you guys should pair up. Strength in numbers....
     
  7. 410SA

    410SA F1 Veteran

    Nov 2, 2003
    8,511
    West Coast
    Full Name:
    A
    Buying Ferraris is not a standard car deal. They are expensive and things like manuals and alarm fobs are critical items. You absolutely have to ensure that they are present.

    You must have not understood my post. I sympathize with the buyer. I have been part of transactions where I got something less than I thought, but the point here is twofold. Firstly if you have been done wrong take the appropriate measures to make it right if you can. Secondly be cautious when buying used cars, especially high line cars. Used car salesmen have a bad reputation because their industry is populated by a larger percentage of crooked and uncaring people than the average merchandise business.

    The OP's post, while couched in "what do you guys think" terms was actually a whine. Poor me.
    If he feels badly and has proof positive that he was stiffed, out the dealer. Truth is defense against slander, always. That would be a service to FChatters. Whining but hedging about posting names is just a cop-out. It also has the effect of possibly staining reputable dealers from the same area. Suddenly Florida Dealers are all bad.

    The facts are clear. The OP trusted someone he didn't know, had no references he could rely on, had reason to doubt the existence of the items, yet went ahead with the deal anyway. Who is at fault here. The dealer clearly didn't deliver, based on the OP's account, but the OP pulled the trigger anyway. Hard to sympathize in that case. Way too many red flags pre-purchase.
     
  8. Dr Tommy Cosgrove

    Dr Tommy Cosgrove Three Time F1 World Champ
    Owner Rossa Subscribed

    May 4, 2001
    36,407
    Birmingham, AL
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    Tommy
    That one simple statement says a lot about the dealer here doesn't it?
     
  9. Dr Tommy Cosgrove

    Dr Tommy Cosgrove Three Time F1 World Champ
    Owner Rossa Subscribed

    May 4, 2001
    36,407
    Birmingham, AL
    Full Name:
    Tommy
    I vote to let the guy vent. Anyone who doesn't like what he has to say can choose another thread to spend time reading. There are many here.
     
  10. troy_wood

    troy_wood Formula 3

    Apr 28, 2007
    1,457
    Nova Scotia, Canada
    Full Name:
    Troy Wood
    +1
     
  11. troy_wood

    troy_wood Formula 3

    Apr 28, 2007
    1,457
    Nova Scotia, Canada
    Full Name:
    Troy Wood
    I'm sure Bob appreciates your support but that part of this thread is probably finished.
     
  12. Ninpo4me

    Ninpo4me Karting

    Jul 5, 2009
    169
    Auburn CA
    Full Name:
    Pierre
    #87 Ninpo4me, May 18, 2011
    Last edited: May 18, 2011
    Are you really saying that if somebody screws you over you should just bend over? "thank you sir, may I have another?!"
    Call me I have a bridge to sell ya'

    Post the dealer on Fchat AND hire a lawyer. Rip this dealers throat out. I have yet to deal with a honest car dealer who was really there to help. There is a big difference between an honest mistake and lies. You decide which this. Best of luck.
     
  13. Fiorano57

    Fiorano57 Formula 3
    BANNED

    Dec 23, 2010
    1,689
    You gave the stealership more than enough time to make you whole..I was told the same thing from a dealer who was less than truthful..Its your choice to name the dealer and if it makes you feel good do it...Just because hes/shes a Ferrari/exotics dealer doesn't mean they are all good..
    Its just wrong what they did and they should make you whole by supplying said manuals /keys or paying for what they would cost to replace them..If they are operating on that slim a sales margin they are pretty sorry..My 2 cents...Kevin
     
  14. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
    23,343
    Taxachusetts
    Full Name:
    Raymond Luxury Yacht
    Who hired the shipping company? The dealer or the buyer?

    It really doesn't matter, but if the dealer arranged it, then they should be the ones handling a claim with the dealer.

    Bob is largely right in what he says. Hanging the threat of exposure over the dealers head isn't appropriate, but once the dealer has refused to offer acceptable resolution, there is NOTHING wrong with saying (factually) what happened. It's just not kosher to use the threat of doing so as a negotiation tool.

    As Bob says, the dealer doesn't have those parts. They were either mistaken or lying when they said they did, or the other possibility is they legitimately did arrange for them to be with the car. If the other items like the car cover and such are on the bill of lading but the missing items are not, the dealer has little validity in their claim that the shipper stole them. It also doesn't really pass the smell test.

    It seems most likely the dealer is BSing the customer and passing the buck. There are always three sides to every story, however, so I am sure the truth is somewhere in the middle.

    At the end of the day, if the dealer had arranged the shipping, I would send them a letter stating you did not receive what was paid for, and demanding satisfaction from them - if they need to handle that through the shippers insurance, then so be it - but you shouldn't have to.

    If the buyer arranged the shipping, then I would file a claim with the shipper and assuming the resolution from them was "we never received those parts from the dealer", I would make a claim with the dealer with a deadline to replace the parts. If they refuse, I would file a small claims suit, file a complaint with the BBB, and a claim with the Florida attorney general, I would post the factual account of the situation on this forum, I would file a claim with whatever auto dealer regulatory agencies are in Florida, and anything else I could. I would get my parts one way or another.
     
  15. Spitfire

    Spitfire Formula 3

    Nov 16, 2006
    1,602
    #90 Spitfire, May 18, 2011
    Last edited: May 18, 2011
    Are you a lawyer? Do you know this to be correct? Are you 100% correct, or are you assuming that you are correct? People make big mistakes when assuming they know what is correct. I can assure you that I am not a spineless cop-out kind of person. I'm dying to name names, and I can afford to chase this bugger, and I can afford to buy the pieces that he was supposed to supply. In fact, I've been buying the pieces anyway as I don't trust this guy to provide anything. It's not about the money -- it's about being deceived in a manner that I have NEVER and would NEVER force upon another person.

    My original post was sincere -- I genuinely wanted to gather opinions. I know that I have been wronged, but it's never easy to go after somebody legally, especially in a foreign jurisdiction, and especially when it's in the USA. Would you immediately know how to chase me in Canada or the UK or elsewhere?
     
  16. Spitfire

    Spitfire Formula 3

    Nov 16, 2006
    1,602
    #91 Spitfire, May 18, 2011
    Last edited: May 18, 2011
    Not true. Read what I wrote. I said that bdelp raised some good points but that his delivery was ... ummm ... shall we say ... pompous. He didn't upset me, I've just never responded well to pomposity. Each unto his/her own I suppose, but "clever" holier-than-thou types have never really impressed me.
     
  17. Spitfire

    Spitfire Formula 3

    Nov 16, 2006
    1,602
    I don't know about you guys but I'm really enjoying this thread. The subject matter really seems to have evoked some emotion within this wonderful fchat brethren of ours.
     
  18. Spitfire

    Spitfire Formula 3

    Nov 16, 2006
    1,602
    You won't believe this. I found a set of 2004 manuals for sale. I hoped that the VIN might match my car -- it doesn't, but it's so close, just 8 cars newer than mine. Dooooh.
     
  19. Kaivball

    Kaivball Three Time F1 World Champ
    Owner

    Jan 11, 2007
    35,997
    Kalifornia
    We all hope this story plays out to your satisfaction.

    Please, keep us posted.

    Kai
     
  20. Frari

    Frari Formula 3

    Nov 5, 2003
    1,194
    brisbane australia
    Full Name:
    tony
    I am glad you are enjoying it, I am amazed at how a person with a legitimate concern can be jumped on by by so called fellow compatriots. I find it somewhat purile and embarrassing.
    I hope your dealer sees sense and comes good ie oh dear the keys and books weren,t put in the car I forgot, I left them on my desk, here they are.
     
  21. 410SA

    410SA F1 Veteran

    Nov 2, 2003
    8,511
    West Coast
    Full Name:
    A
    Truth as a defense? Absolutely always 100% true. If the dealer really has anything that is dubious he'd be an idiot to try to sue for slander.

    Re the pomposity issue, you're the one who asked for advice. It's a public forum. You are going to get advice, lots of it. Some of it you won't like. So what? If you don't like pomposity, public forums populated with Type A personalities is really not the place to be asking for advice.

    Is this your 1st Ferrari? The reality is that if you bought the car to drive not to obsess over, the books are relatively meaningless. The 360 is a great car, easy to live with, wonderful to drive. The books don't make it go any faster, and the tools definitely slow it down. Just enjoy it. Life is too short to hassle over crap that is meaningless in the grand scheme of things.
     
  22. f1fanforlife

    f1fanforlife Karting

    Nov 20, 2010
    182
    Fairfax, VA
    Full Name:
    Kevin
    +1
    Well said.
     
  23. 410SA

    410SA F1 Veteran

    Nov 2, 2003
    8,511
    West Coast
    Full Name:
    A
    Oh Please. Get over yourself.
    Fchat is a forum. The OP asked for advice. He got all sorts of advice. By his own admission he is enjoying the thread. The only people who have taken umbrage here are those who have no stake. There is nothing puerile about telling someone what you think. I believe that the advice that was not favorable to the OP is quite valid and I'm sure that once some time has passed he will have resolved the issue one way or another.

    I'm of the school that believes that post mid sixties Ferraris are production cars, and that the mystique of the correct books and tools is rather overblown. What they are, are really fun cars to enjoy. I personally feel sorry for Ferrari owners with 3xx series cars who anguish over water spots and never drive their cars for fear of putting an extra mile on them. In the same vein the correct books and tools won't make these cars anymore valuable for at least another 50 years, if at all. There's just too many of them.

    The Alarm fobs are a different story, as they have a very practical purpose and I'd pursue the dealer for those, but even so the owner has a car he can drive and sounds like he got a smokin' deal relative to paying another $40k for a Canadian version of his car.
     
  24. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,368
    Houston, Texas
    Full Name:
    Bubba
    I get all wound up about "books, tools, and records"....they are either "Here, Sir!" OR "lost to the fog of time"......(which I don't understand on a car that is less then a decade old, and easily tracked with a Bar Code on the dash) ..

    I'll add "ALL the ^$&^^%##%#$ KEY FOBS!" to my list, should I ever hit the Lottery or finally get to hold my Trust Fund $$$. :D :D :D

    But seriously, a well dressed representative dropping in and saying:
    "Hello, I have Power of Attorney here to represent one of your recent clients" will usually have one of these cowards filling their pants.

    Jus' sayin'......:rolleyes:
     
  25. BigTex

    BigTex Seven Time F1 World Champ
    Owner Rossa Subscribed

    Dec 6, 2002
    79,368
    Houston, Texas
    Full Name:
    Bubba
    That will work, gather them up and blame it on "oh, you know how free spirited the Ferrari Factory workers are" to future potential buyers....:D :D :D
     

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