Verbal Agreement made by car dealership not being upheld

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kpurvis25

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I purchased a 2006 Cheverolet Tahoe from Suzuki of Nashville in April 2008. I worke with a Salesman named Josh. Before signing the contract, I had a few concerns about the vehicle. #1). The vehicle had one of the third row seats missing. I asked Josh about the seat and he told me the seat was being serviced and it wouldnt be a problem for me to get it when it was finished being repaired. I believed him and took it for a test drive. Concern # 2). The suspension on the vehicle was lowered from the factory height.

I didnt want to get this vehicle because it was lowered and didnt want to pay extra money to get it raised back to factory height. Again Josh assured me that the onsite mechanics in the dealerships service department could raise the truck with no problem. After the deal was made, contract was signed, I left with the vehicle and the salesmans promise and word that I could bring the vehicle back in a week to get it placed on the lift machine so the mechanic could see what needed to be done to raise the vehicle back to factory height. I went back the next week and the seat wasnt ready and the mechanics were supposedly very busy and couldnt get to my car that day.

I called back a few weeks later and i was informed that Josh no longer worked there. I called the service dpartment and spoke with a guy named George who said he didnt no anything about a seat being in service for a chevy tahoe. I visited the dealership on sept. 27th and met with a salesman named chris mckay and his manager ralph. i think ralphs last name is mcnair but im not 100% sure. I explained my situation and they basically told me that they were sorry and felt like someone should apologize to me for what happened. They also went on to say that Josh was fired from the dealership for this reason. Making customers promises to close the deal and not honoring them. They also said they couldnt do anything because i didnt have anything in my contract stating those promises. However, he verbally agreed to have these things done to the vehicle while he was still an employee of this company. At the time he sold me this vehicle he represented Suzuki of Nashville and I feel as if they should make good on these promises that led me to purchase this vehicle.

I have spoken with another manager who pulled my written contract which shows that i signed a we owe nothing form from the delearship. i was told by the salesman to sign that because the seat was in the service department at the dealership and they didnt have to go out and purchase it, and that the on site mechanic would perform the vehicle suspension so the vehicle didnt require me to write anything on the form. The delearship had me meet go out and get estimates for the vehicles suspension and fax it over to them so there owner could make a decision on if he wanted to pay for the seat and suspension. i have sent that paperwork and know i am getting the run around. the owner will not answer or return my phone calls. Do i have a valid case to go to court with?
 
My two cents: yes, you have a case worth pursuing. The salesman was acting as an agent of the company. They can't disown his actions after the fact and escape liability. However, you will face a significant hurdle in proving your oral agreement. Consider what evidence you have - did you make notes, did you discuss the deal with anyone, were the mechanics involved, did the managers acknowledge the salesman made the promises? Depending on the value of the claim, you also might be exceed the jurisdiction of small claims court and be forced to sue in regular court, which can be costly.
 
Thank you for replying so quickly, I greatly appreciate it. i have spoken with two individual currently employed with the company now, a sales manager and a finance manager. the sales manager said that he believed me and that he felt like someone should apologize to me for the incident but there was nothing that they could do. I wasnt satisfied with that so I wrote a letter to the branch manager and filed a complaint with the BBB. After that, the finance manager contacted me saying that the wanted me to come in for a meeting. i went for the meeting were the finance manager said that he also believed that i was telling the truth but he had no proof in my file because i signed a we owe nothing form. I again explained why i signed and he said that he would work with me. he said that if i found estimates on the cost of a seat and the cost of the vehicle suspension, he would work with me and speak on my behalf with the owner. I have submitted all paperwork that i could and he said my next step is to call the owner to discuss if he wants to pay for it. I have called several times and left many messages and no one ever calls me back. i cant even make contact with the finance manager who said he gave my info to the owner. how do i go about trying to get the case to go to court
 
he believed me and that he felt like someone should apologize to me for the incident but there was nothing that they could do.

he also believed that i was telling the truth but he had no proof in my file because i signed a we owe nothing form

If they believe you, what "proof" do they need? Usually you only ask for "proof" if you are sceptical of a claim. And there is something they can do (unless they're barred by company policy): uphold the promises that were made by their agent.

What now? First, quantify your loss. What is the value of the promises that were made - what would it cost to get the seat replaced and suspension fixed? Second, optionally, send a demand letter and give them two weeks to make things right. Third, sue. In small claims, if you're within the dollar limit.
 
Hello, i have yet another question pertaining to my issue. I finally spoke with the owner who has informed me that no one has informed him of my situation. he said that he never got my estimate from the finance manager who told me he gave it to him. he said that he would pull my file and go over my we owe contract to see if there was anything listed there. if not there was nothing he could do. he kept talking over me like he didnt really want to speak with me after i left about 6 messages. he then said he would check my file and call me back. i havent heard anything from him yet. im really fed up and all i want is what there representative told me would be done with this vehicle. I have contacted the courts here to file a case. do i need to let the dealership know that i want to take this case to court before i have them served?
 
if not there was nothing he could do

He's the owner. Why are his hands tied?

do i need to let the dealership know that i want to take this case to court before i have them served?

Nope. Legally, the rules don't require it. Ethically, you've been more than patient with their BS. You don't need to do them any favours.
 
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