We bought a new car -- and the dealer is a dumbass

[ducatiz]

Wifey needed a new car, and we (well, I) have been looking for the last YEAR.  She wanted a small crossover suv (CUV) and we really liked the new Equinox.   Chevy won't deal with it -- they are giving 0% on everything BUT the Equinox.

So we looked at everything else.  During the SuperBowl, we saw the Kia Sorento ad -- and she said "I like that."  So I did my due diligence and boned up on the car -- it has rave reviews pretty much everywhere -- they released in in Europe earlier and the reviews were very positive, plus the warranty is much better than any of the competition (Chevy, Toyota, Dodge (journey))

So, I did more research. Found they had a 0% financing deal on it.  Nice.  Went around and checked them out, test drove a couple.  

We are AAA members, and AAA has a car buying program -- you get at least 500-1000 under invoice plus some other benes.  For the Sorento, the best deal was $2100 under invoice.   "including incentives."**** (keep your eye on that..)

I take that to a non-participating dealer and he's like "sure, we can beat that."  I hammer out a deal, we got the color, the features, the model, etc .. and then it comes to price.   MSRP on the model was $29,950, invoice is $28,200 and he >Starts< with $25,700.  I am thinking (ok, that's pretty damn good, what's the catch?).. that's a lot more than $2100 under invoice... hmmm..

The car is what she wants.  I have balls.  I don't hesitate.  I just give him my credit card and say "we'll take it."  I do the loan paperwork for my wife, but it's her car so she does the rest of it while I go home with the kids.  She drives the car home.

We've had it a little while now.  We >>>LOVE<<< this car.  Can I tell you later how much?  It's very make the beast with two backsing nice, if you are looking for a mid-size CUV.  anyhow...

Today, the dealer calls me.  "uhhh.. well.. you see.. the price that you got included a $1000 rebate offer and your wife got the 0% and she wasn't supposed to get that.. and we have to have you come in and we have a good at-cost loan at 2.9%...etc etc"

I am incredulous.  I calmly inform him we have a done deal and we've paid our down payment (paid 2/3rds of the sale price) and we financed the rest.  DONE.  I don't even see anything on the purchase order saying we got a rebate.  

"Welll.. " he stammers "your wife signed a form agreeing to the rebate and Kia Motor Credit won't accept the loan if you get both the rebate and the 0 percent..... "

I am a little weirded out.  I got a good price, a GREAT price..  too good??

But... I am an attorney.  He doesn't know this.

I asked him to send me the form he is referring to.  MY wife did not get copies of everything she signed (I admonished her about this...).. He faxes over the forms..

Basically, it's just a form assigning the value of the rebate to the dealer to apply to the purchase price.  Dealers and buyers regularly do this, it's SOB for getting a rebate -- no one wants cash, they want the price lower.  I am laughing about it.  

So here is the problem for the dealer:

1.  They gave me a price on an invoice with no mention of the rebate.
2.  I wrote on that invoice "Sale contingent on receiving 0% financing on balance."
3.  Sales guy counterSIGNED the above mentioned rebate form saying we were eligible for the rebate.  It mentions nothing about the exclusivity of the rebate.
4.  We have a finance contract, bill of sale, a buyer's form, and a tax form showing the amounts.  The Finance contract mentions nothing about the exclusivity of the financing deal...
5.  They cashed our check.

They haven't said anything other than "please come in and redo the paperwork."  I am thinking of artful ways of saying "make the beast with two backsst thou very much, see thou in hell."  They still don't know I'm an attorney, did I mention that?

So.  I am thinking that the sales guy or the finance guy screwed up and is trying to save his family vacation next summer.  I mean, based on my calculations, they gave us an extra $1400 off

I feel bad for that part of it.  

But at the end of the day, we negotiated a deal, signed, sealed and delivered it.

make the beast with two backs them.  

[NAKID]

4 words....


Sucks to be them....

[Howie]

Probably a good idea to go to a different dealer for service or warranty work.

[ducpainter]

Probably a good idea to go to a different dealer for service or warranty work.

[ducatiz]

Probably a good idea to go to a different dealer for service or warranty work.

lol.. ah, yep!

[freedom]

If it makes you feel better, just think about the guy or two before you that paid too much...the dealer is probably not calling them back to offer them some money back.  Sometimes in business you screw up and it's just a cost of doing business. 

[SacDuc]

My wife ran a dealership for a bunch of years. She got a chuckle out of your sale. The sales manager and the finance manager are going to get an ass chewing over this.

As someone who works for a company that has to bid jobs to stay in business I say: Good job on getting the sweet deal. Maybe they will learn to run a tighter ship in the future. make the beast with two backs 'em in the ear.

[Grampa]

naaaa take it back to the same dealer for service. the service dept always hates the sales dept...you will be treated like a god

[Autostrada Pilot]

It's posts like this that almost make me want to go to law school (sometimes I *wish* I was an attorney).

Good on ya.  Makes me happy when people get good deals from car dealers....seems like you only hear about people getting hosed over.

[il d00d]

Three observations based on your account:

1. While I can't quite make out exactly what legal leverage you have over them, or the exact steps they took to make the beast with two backs up so bad, it sounds bad.  And it sounds like it will be a lot of fun when and if you have to play the attorney card.  Keep us updated, entertained.
2. My interest in Kia is now piqued.  It sounds like they have turned things around since their earlier generations of cars.
3. Hearing stories about buying new cars from dealers makes me want to give up driving and buy a donkey cart.  It is shark-infested water where the sharks are also trying to sodomize you.

[DucofWestwood]

Good for you and don't waste a moment of your time feeling bad. You did nothing wrong and in fact went out of your way to write additional notes on your contract so that the deal was clear in black and white.

On the contrary dealers routinely try to pull wool over the eyes of buyers with fineprint that benefits them.

Turnabout is fair play, and this isn't even turnabout.

On a semi-related note the wife and I bought a hyundai xg350 5 yrs ago. There is absolutely nothing sexy about it but it was dirt cheap and has been basically problem-free. The korean automakers are worth a look.

[zarn02]

Very nice.

[ducatiz]

On a semi-related note the wife and I bought a hyundai xg350 5 yrs ago. There is absolutely nothing sexy about it but it was dirt cheap and has been basically problem-free. The korean automakers are worth a look.

Hyundai is about to eat Toyota's lunch.  (Kia is owned by Hyundai, the Sorento is a rebadged and upgraded Hyundai Santa Fe)

Three observations based on your account:

1. While I can't quite make out exactly what legal leverage you have over them, or the exact steps they took to make the beast with two backs up so bad, it sounds bad.  And it sounds like it will be a lot of fun when and if you have to play the attorney card.  Keep us updated, entertained.

The leverage is the sales forms they provided us.  I looked on the website before buying and there WAS a $1000 cash back incentive which DID say it was either/or with the 0% financing.  However, the sales guy mentioned nothing about this when he provided the sale price.

Furthermore, the form that my wife signed is an assignment of value form -- it says nothing. 

A basic rule of contracts is that nothing is included except what is in the "four squares" of the contract (**unless it says so..).  SO they could have had GIANT POSTERS saying there is an exclusion, etc, but unless the contract SAYS "this contract includes the terms you read on the website and on the poster next to the coffee machine" it doesn't matter.

2. My interest in Kia is now piqued.  It sounds like they have turned things around since their earlier generations of cars.

Kia was bought by Hyundai in '98 and after '05 or so, began using Hyundai engines/transmissions and shared platforms.  I did my research on this vehicle.  Kia did not make a 2010 model for the Sorento, this is a 2011.  They changed a lot from the older version, specifically the crash ratings (European) are 5 star now (the USA crash ratings haven't been done yet).. 

The only thing I wish was they sold the diesel model in the states.  They sell a 2.2L / 197 HP diesel in Europe --  around 30 mpg combined..  now that would be ~nice~

3. Hearing stories about buying new cars from dealers makes me want to give up driving and buy a donkey cart.  It is shark-infested water where the sharks are also trying to sodomize you.

A Donkey will go after your ass too.  But you're right, we are just amazed at the chutzpah of them calling me up about it.  then again, asking is free....   

[herm]

nice!

my personal experience with buying from a dealer is that no matter how good a deal i think i got...
in the back of my mind i am trying to figure out how they screwed me.

glad to see the shoe on the other foot for a change.

[z0mb1e_DUC]

Hyundai is about to eat Toyota's lunch.  (Kia is owned by Hyundai, the Sorento is a rebadged and upgraded Hyundai Santa Fe)

Ironically, Hyundai actually modeled their Quality Control after Toyota's.  I've seen an interview w/Hyundai's CEO, after the reliability issues of the Excel from the 80's (which was really a Mitsubishi design that Hyundai got the rights to build), they basically looked at who was doing the best & why (Toyota) & copied how they went about it.

FYI, if you look at many of the Hyundai/Kia's, you'll notice they are in the top part of the segment.  When the Kia Sedona came out a few years back, it was the highest crash test rated mini-van available.  Also, I remember a Car&Driver comparison of the Hyundai Veracruz & a Lexus RS350 that actually rated the Hyundai higher, particularly one price is factored in.