Problems with the dealer and 4 Runner

[4RunnerFanatic]

So this is the story, I went into my toyota dealer around August to buy a new 4 runner and trade in my audi q5, so we made a deal and I put an order in for a 2016 te with kdss and they said the would give me 30k for my audi, we did the contract and I put down the deposit. So now my 4runner is in at the dealer finally after a 3 month wait so I bring in the audi so they can check it out again (audi has been in a garage and not have been driven more than a few miles since it was first checked), now they say that whoever checked it the first time made a mistake and they can only offer me 24k for the audi, so minus 6k that originally. The whole reason I made the deal was because the difference I would a paid for the 4 runner was around 10k, now I have to pay 16k +? I was going to pay it in cash, no finance or anything like that. I already talked to them about it being their mistake and that it's not my fault their wmployee made a mistake, they should eat it then. Am I wrong to think that, do I have any leg to stand on here?

Edit: they said the reason they quoted me 30k initially because they thought my audi q5 was an s model...

 

[Titanpat57]

So this is the story, I went into my toyota dealer around August to buy a new 4 runner and trade in my audi q5, so we made a deal and I put an order in for a 2016 te with kdss and they said the would give me 30k for my audi, we did the contract and I put down the deposit. So now my 4runner is in at the dealer finally after a 3 month wait so I bring in the audi so they can check it out again (audi has been in a garage and not have been driven more than a few miles since it was first checked), now they say that whoever checked it the first time made a mistake and they can only offer me 24k for the audi, so minus 6k that originally. The whole reason I made the deal was because the difference I would a paid for the 4 runner was around 10k, now I have to pay 16k +? I was going to pay it in cash, no finance or anything like that. I already talked to them about it being their mistake and that it's not my fault their wmployee made a mistake, they should eat it then. Am I wrong to think that, do I have any leg to stand on here?

Edit: they said the reason they quoted me 30k initially because they thought my audi q5 was an s model...

Never fall in love with a vehicle...always be prepared to walk away.

Get your deposit back, sell your Audi outright and keep several thousand dollars in your pocket. If you're interested, shoot me a PM and I'll give the name of my salesguy at DCM in Wappingers Falls, NY, and he'll hook you up. He did me right, no problems.

 

[Golfgod69]

Did you get a copy of the sales agreement that has the VIN of the Audi on it? That is the purchase contract. Also was there a mileage limit for the trade that they would allow?

 

[philsey]

You got a sales agreement showing the trade in VIN and price? If so, that's a contract.

They're playing you like a fiddle, but I don't know what recourse you have other than lawyering up. You could see if a local TV station would run with the story, or picket the place with a huge sign. Maybe the BBB?

Really though, you're better off without these turds. This is just a peek under their skirt as to how they do business.

 

[4RunnerFanatic]

Did you get a copy of the sales agreement that has the VIN of the Audi on it? That is the purchase contract. Also was there a mileage limit for the trade that they would allow?

Yes the vin is on the agreement as well as the 30k trade in value, no milage limit on contract, the car was only driven back home from the dealer that day initially and then again this week when I had to bring it in again

 

[1engineer]

You gotta have a VIN, signatures and a price attached to that VIN for it to be binding, otherwise it is "he said, she said" and finger pointing. Get back your money, walk away and go to Pat's place he listed above.

 

[MudPie]

Was the trade-in value the dealer offered significantly higher than the KBB value of your trade? If so, you probably knew it was to good to be true and just an honest mistake.

Walk away or try to work a new deal. Mistakes happen.

 

[Eagle]

It's a very fact-specific situation and you have not provided enough facts for anyone here to give you any real legal analysis. Plus, you have bigger problems if you're looking for legal analysis at a 4Runner forum... Regardless, this does seem like a situation where the cost of legal action would likely outweigh the benefits.

The comments are generally correct -- you'll need something more concrete than "you told me $30k." Even if you have a signed agreement with your VIN and $30k, the dealership will likely still argue that the contract is rescinded (void) due to a mistake. A mistake may be enough to get out of a contract because a contract requires both sides to agree to something and know what they are agreeing to. A unilateral mistake by the dealer is not always going to get them out of the contract, but they have a much better chance if they can show that you knew or (or should have known of) the mistake. As [MENTION=133864]MudPie[/MENTION] said, getting a price that is too good to be trust could show that you knew of the mistake.

Of course, if the price is not really too good to be true, just go out and sell your Audi somewhere else and use that cash towards the 4runner (probably at another dealer).

 

[Engineer]

*If you have a signed contract with VIN it sounds like you would have a case, however I would not waste the time and lawyer up (life's to short), push the dealer about it and if they don't budge go elsewhere. This would indicate to me horrible business practice by the dealer and I would take my business elsewhere and leave the facts on a review (maybe even the BBB)

*What is the KBB/CL/Auto trader going rates for a similar Audi, if its in the 24k range sounds like an honest mistake was made and while you didn't make the mistake I firmly believe that we are all humans and in the grand scheme of the world this is small potato's. I would also argue that if the going rate is indeed near 24k it should have been a flag for you that there was a mistake at 30k or you were paying 6k to much for the 4runner ( 25%+ deals don't just happen).


*If it turns out to be an honest mistake I would judge there reaction and see if they are willing to give you something for the hassle (would expect no more then $500 and even then maybe in service or parts)

 

[4RunnerFanatic]

When I checked kbb, the value was at 30k so It didn't sound to good to be true to me, I have offer to meet them half way and I'm willing to pay 3k but they seem to still not budge, I'm am going to talk to the owner of the dealer tmrw and see if anything changes

 

[Epictetus]

I would walk, but that is just my opinion.

 

[HerT4R]

When I checked kbb, the value was at 30k so It didn't sound to good to be true to me, I have offer to meet them half way and I'm willing to pay 3k but they seem to still not budge, I'm am going to talk to the owner of the dealer tmrw and see if anything changes

if i was you i wouldnt budge. stay strong and if need be walk away.

do you want to give an extra 3k to a shoddy dealership who is backing out on their deal that they offered you and SIGNED?

im not saying get a lawyer involved but that would have soured me enough to say if you arent holding up your end im not holding up mine gimme my deposit back. or offer to put your situation out on the interwebs and put them on blast on every review allowing website you can find about how they slyed you into a deal and tried at the last minute to get more money out of you, calling it an error. i guess this just smells a little fishy to me :fish:

they made the deal, they can stand by it, or you can walk away.

 

[flyinhawaiian01]

All you have to do is show them the contract, tell them if this isn't taken care of, you'll be contacting your lawyer.

Beaverton Toyota tried something on me when I bought my '05 DC Tacoma. They found the model elsewhere (in Tacoma, WA, go figure!) and the deal was done. Went through paperwork, signed all the necessary stuff, price was $28,500 in the end, I had my own financing through my bank already done.

3 days later, the truck shows up, the sales manager says "they made a mistake on the pricing and it should have been 31,200, not 28,500, and they can't let me have the vehicle unless I pay the remainder. Said "no problem, let me call my attorney and fax this signed contract over to him, and I'll let him contact you".

45 minutes later, the asshat calls back and says we're just gonna let you have it at that price!

Dealerships don't want the hassle or the negative publicity, be professional about it, don't yell or act like an ass, tell the manager that you have contract in-hand, signed and ready to go, and unless he accepts this legal contract, you'll have no choice but to contact your attorney.

You can even try doing this with the owner tomorrow, just remember to be professional about it and you might just be surprised what happens next!

 

[RockyMountainT4R]

Never fall in love with a vehicle...always be prepared to walk away.

Get your deposit back.

and talk to Titanpat57.

Based on what you have told us, this dealer is manipulating you (They already got you to offer them $3,000 more). However, it is your money, time and headache (if you continue to associate with them).

PS Our family has purchased/leased over 50 vehicles and has seen this "mistake" by dealers several times.

 

[flyinhawaiian01]

All you have to do is show them the contract, tell them if this isn't taken care of, you'll be contacting your lawyer.

Beaverton Toyota tried something similar on me when I bought my '05 DC Tacoma. They found the model elsewhere (in Tacoma, WA, go figure!) and the deal was done. Went through paperwork, signed all the necessary stuff, price was $28,500 in the end, I had my own financing through my bank already done.

3 days later, the truck shows up, the sales manager says "they made a mistake on the pricing and it should have been 31,200, not 28,500, and they can't let me have the vehicle unless I pay the remainder. Said "no problem, let me call my attorney and fax this signed contract over to him, and I'll let him contact you".

45 minutes later, the asshat calls back and says we're just gonna let you have it at that price! He wasn't happy, and the sales guy (who was one of the nicest sales guys I've ever worked with!) said the manager was livid!

Dealerships don't want the hassle or the negative publicity, be professional about it, don't yell or act like an ass, tell the manager that you have contract in-hand, signed and ready to go, and unless he accepts this legal contract, you'll have no choice but to contact your attorney.

You can even try doing this with the owner tomorrow, just remember to be professional about it and you might just be surprised what happens next! If you really want the vehicle that badly, if the owner doesn't budge, let him know you were more than willing to meet in the middle, but the sales whoever-it-was just wasn't hearing any of it.

Ball's in their court, you have the proper docs, even though they made the mistake of pricing your car incorrectly. You've even extended your offer even though it was their own fault, and I suspect the owner, unless he's a royal d-bag, will happily jump on the 3 grand offering you made, and if he's a stand-up guy, will probably sell you the vehicle at the stated contract price!

 

[Antman]

I would tell that sales guy to "go fvck himself", and go somewhere that you can trust.

Lean over to his ear real slow and say it. It'll be fun!

PS: I've actually done this- but not to a car salesman. :lol:

 

[flyrv9]

In your initial post you said you put down a deposit. If you don't accept the new price - how hard is it going to be to get that back? Are they going to charge you for the work they did to get the vehicle you ordered? Is it refundable? Should be some info in the contract on this. I don't know what you put down; but you can't just walk away.

 

[Eagle]

In your initial post you said you put down a deposit. If you don't accept the new price - how hard is it going to be to get that back? Are they going to charge you for the work they did to get the vehicle you ordered? Is it refundable? Should be some info in the contract on this. I don't know what you put down; but you can't just walk away.

If the dealer wants out of the contract due to their mistake, they will 100% have to return the deposit as well. They can't play that both ways.

 

[DesertCanyons]

Full MSRP for new T4R?

When I checked kbb, the value was at 30k so It didn't sound to good to be true to me, I have offer to meet them half way and I'm willing to pay 3k but they seem to still not budge, I'm am going to talk to the owner of the dealer tmrw and see if anything changes

Okay, that's in your favor. They offered you full retail value for your used Audi. There's no profit in this deal for them on the trade in part, but what about the new sale?

What is the agreed price for the 2016 T4R TE you ordered? Are you paying full MSRP for the vehicle or did they also cut a good deal on the purchase price. If you're paying full MSRP there should be enough profit for the dealer in the overall sale to make up for no profit on the trade in.

You can always get a better deal on the new car from AAA, Costco or several on-line resellers like Cars.com, etc. Get your agreed to trade in value or get your deposit back. Do a bit of research on the discount sources I listed above before you go. It will give you some added negotiating room. Don't offer $3000 more. That sounds like a rip off or scam.

There's a big difference in the Audi S version. As I recall the S has a 6 speed manual trans, a tighter, lower suspension and obvious logo and lettering on the car. That's just their dumb fault if they thought it was an S.

 

[nglayton]

Just walk away from it and you will be surprised how quickly they try to stop you at the door. Get back your deposit and go, there are other dealers, go get a second opinion, then decide. If another dealer gives you a better deal, you will probably end up with the same truck, since they all trade vehicles like playing cards. Or play the better deal back to the original dealer and see if they will match it or beat it.