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want to make others aware of a bad dealer

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Old 11-25-2003, 03:55 PM
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jstephanus
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Default want to make others aware of a bad dealer

Guys,

I purchased my '01 996tt from a web based dealership named TexasToys.com

The problem is this...this dealer told me in an email that the seats were Sport Seats. This was in response to my questioning whether they were or not. They are not. I have tried for the last couple of months to get the dealer to work with me to resolve this issue as I am now having to spend more money to get seats that have reasonable lateral support. The dealer's final comment is that in essence they simply do not feel that they have any responsibility to make good on their false statement.

I do not know if I will be able to get any satisfaction on this, but I would hope that others will not fall prey to these people.

Thanks

John
Old 11-25-2003, 05:03 PM
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acao
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BBB report (if they're a member)
Complaint to Motor Vehicle Board
DTPA
Fraud
Fraudulent Misrepresentation
Negligent Misrepresentation
Breach of contract
Old 11-25-2003, 05:21 PM
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sasilverbullet
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Be careful posting bad stuff about them on the internet, or anywhere! You could open yourself up to getting sued by them...be careful!
Old 11-25-2003, 05:25 PM
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jstephanus
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Well...I appreciate your help, but I have the emails to prove my allegations. So, I cannot really see how I am liable...am I wrong?

John
Old 11-25-2003, 05:51 PM
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sasilverbullet
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I'm not a lawyer, but I've read their posts. Here's a synopsis:

1. Don't organize a 'boycot'
2. Don't 'threaten' them

You can:
1. State your problem plainly
2. Stick to the facts, not impressions
3. Make SURE you have your facts straight!
4. Don't be a 'flaming' fool about the complaint, write it without too much emotion.
5. Remember, ANYTHING you say and do CAN and WILL be used against you in a court of law...

Basically the what I've read over the years...
Old 11-25-2003, 05:56 PM
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jstephanus
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Thanks Michael...good points.

John
Old 11-25-2003, 06:19 PM
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acao
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Originally posted by sasilverbullet
I'm not a lawyer, but I've read their posts. Here's a synopsis:

1. Don't organize a 'boycot'
2. Don't 'threaten' them

You can:
1. State your problem plainly
2. Stick to the facts, not impressions
3. Make SURE you have your facts straight!
4. Don't be a 'flaming' fool about the complaint, write it without too much emotion.
5. Remember, ANYTHING you say and do CAN and WILL be used against you in a court of law...

Basically the what I've read over the years...
A boycott could be construed as tortious interference with contractual relations.
A threat is not actionable if you're are informing them of your intent to take actions which are not illegal. It's okay to threaten to withdraw your patronage, not okay to threaten to run over their daughters at the school bus stop.

Stick to the dry facts. Your opinion doesn't matter. It may matter to you, but it doesn't move the matter forward or backward. Libel does NOT include truth or your own opinion. (Opinions inferring falsehoods are another story). If you are confident enough in the quality of your facts to recount them historically, accurately, and factually, then you're safe. Editorializing with your opinion is pretty safe. When you make an assertion regarding someone's questionable parentage, that's not your opinion about their heritage, that's you putting forth a factual statement that can be objectively proven untrue.

Dry facts that you can support with documentation. The best facts come from their own words. Finally, just like your opinion doesn't matter, your conclusions or deductions don't matter either. The law doesn't give a whit what you think you should get, it will take the facts and tell you what you're allowed to get.
Old 11-25-2003, 08:14 PM
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Wow! I did pretty good for a lay person...
Old 11-25-2003, 08:33 PM
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MikeinTennessee
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I bought a boxster on the internet earlier this year. I got pictures of the interior and exterior. Sport seats look different than regular seats. I think I would have noticed this in a picture. I'm wondering how you got tricked. It's hard to believe you bought without a picture, or a list of the options on the car! How did this happen?
Old 11-25-2003, 08:36 PM
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jstephanus
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Mike,

I had pics from their website...I could not tell whether they were sport seats or not. So I emailed the dealership to ask. They answered that they were sport seats. They are not...

Thanks,

John
Old 11-25-2003, 09:41 PM
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hope you saved the emails, they could be useful if you need evidence of their 'misrepresentation'
Old 11-26-2003, 09:21 AM
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Not much help for you now, but a tip for others in the future,

Ask the dealer to send you a picture of, or a list of the option codes
on the sticker in the hood/trunk/bonnet/book whatever.
Then check the codes yourself.

That way you can double check what they are saying for yourself,
or you don't even have to tell them what you are looking for.


Luke



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