A&Q about 350Z
Q:
http://www.newschannel5.com/co...HEARD
This is going around on several car forums and hopefully it will make it to many more.
God must love stupid people, he made SOOOOO many of them!
A:
It is preposterous since he has the paperwork showing the sale, the title transfer paperwork, etc. No way in hell they can take it back UNLESS he stupidly gave them money and left without the paperwork. If so, then there was no "deal".
A:
That dealership needs to be closed down and that manager hanged
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'74 2+2 -- MSA sway bars, Illuminas, Eibach Progressive, Energy Suspension
L28 with MN47, 240Z rods, milled down dished pistons (11.6:1 CR) and 240sx tranny
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committing suicide in small managable payments
A:
http://www.newschannel5.com/content/investigates/BHstatement.pdf
Other side of the story, and the truck is still on their lot...Sales manager should have gotten fired and the dealership should have ate it.
1972 240Z always in progress
***WARNING*** MY POSTS MAY CONTAIN SARCASM
A:
I don't know, that is a little out there to honestly think that a truck worth over $21k would go for $7500. I can see both sides of the story, but I honestly think the dealership will win out in this one. Most states do have at least a 24 hour contract withdrawal clause.
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77 280Z - TEC3 Engine Management, Coil Packs, 3.1 Stroker, 550CC injectors, tripple throttle body FI intake, MSA Stage II Cam, etc...etc...
79 Fairlady - Rusty
81 280ZX - DD
A:
Thanks Piper5177.
I can't believe that a dealer would not run the numbers on the trade-in a little better than that! Sounds like the dealer had a huge "Ooops!".
A:
According to the story, he HAS a binding, signed contract...also signed by the sales manager. Even if the stealership wins, the worst that can happen to dude is that he gets his money and his MB back. But hopefully this will get the stealership enough negative publicity to lose a lot of face. Prolly not but one can only hope. :|
God must love stupid people, he made SOOOOO many of them!
A:
i would take them to court and even if dont win should get his $ 8,100 and trade in car back that he did.
white knuckle driving
A:
Looks like another underhanded car salesman gimmick. Rope the customer into the deal with a too good to be true sale, then spring the ol' "oops we need another 2 grand if you want to keep your new car." Meanwhile, the person's trade-in has long since been sold off to another dealer or run out to the auto auction.
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'74 260Z
'88 300ZX GLL
A:
bill heard needs his butt kicked in a big way.
Z's are like woman maintenance,maintenance,maintenance!
1971 240Z gunmetal metalic 5sp 4:11 gears in the rear
illuminas and purchased from the original owner w/136k original miles
A:
This dealership again??!?! I remember a few years ago this same dealership getting in trouble for using one woman's social security # to get another approved for a loan. It was something like a Kathy J Jackson's name was used for a Kathy K. Jackson, since K.K. Jackson had crappy credit history (names may not be accurate, but that was the gist of the whole thing). It's been a while, but I distinctly remember it was Bill Heard......
1985 Nissan 300ZX Turbo "Rose": 85000 miles, 5 Speed, Red/white exterior, Burgundy Interior
Mods: 87 digital dash, 240SX front parking lights
A:
Zoobee: "...Meanwhile, the person's trade-in has long since been sold off to another dealer or run out to the auto auction."
Now THAT would make me think the dealer also thought the deal was
final....unless the same dumb salesman sold that too!
'73 240z, sitting 16 years in garaged storage...Spring 2005 endeavor...
Twin Cities, Mn
A:
If you read the whole thing you will see that everything was returned to the customer.
I can definately see both sides here. I would side with the customer though. If you are dumb enough to make the mistake then you should have to live with it.
I can remember being young and stupid and getting taken advantage of by the salesman. Did I get to take the car back and say NO DEAL?? Nope, had to live with it and take the loss. Later I traded it in and was over $7,000 upside down. Had to fork over the cash though.
I refuse to tip toe through life, only to arrive safely at death.
A:
agreed. if you read you won't be so quick to jump on the side of the customer. the dealership definitely f$%ed up and should eat the loss, but what they did wasn't as terrible as they are making it out to be.
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'05 350Z Chrome Silver Touring
'73 240Z
A:
Bill Heard is a massive dealership network with dealerships all over the midwest, so may not be the exact same dealership as the financing misdealing. Not to mention when you have that many dealerships and that many transactions there are bound to be problems. I like the part where the BBB says they have more complaints than most other dealerships...yeah well when you have that many, you have more complaints. Not taking the dealerships side here, just think that the author of the article is not explaining the situation thoroughly. My 2 cents.
1972 240Z always in progress
***WARNING*** MY POSTS MAY CONTAIN SARCASM
A:
Once they agreed on the terms, the contract was binding. The dealership can't back out of the deal once both sides agree to the terms.
A:
The deal was not final. Just as you have three days to return a car if you do not like it, the dealership has the same right it appears.
If the deal was final in law terms then the police would not have said that it was a civil matter and not a criminal matter. Last I heard, grand theft auto was a crime.
Regardless - this cost the dealership more in bad publicity than any amount of monetary difference.
1993 300zx NA
A:
A binding contract needs three things: an offer, acceptance, and consideration. There was an offer and there was acceptance, but the post-dated check provided by the "buyer" was not, in my opinion, legal consideration because the dealership really had nothing in its hands. There was never a legally binding contract to sell the car at the "agreed upon" price.
It will go to court, I'm sure, but it will probably be tossed on its merits because of the contract issue.
Now if the guy had actually given a check with the current date or had paid cash .... then it would be up to the laws of the state mentioned by the dealership.
A:
Post dated checks do not mean a thing. If you write one & it's cashed early, you're still liable for the money. It's a criminal offense to write bad checks. If the check was written it counts as consideration so long as it didn't bounce.
Anyone can drive a new car.
A:
Bill heard does the same thing in Las Vegas. I think all of their dealerships do it.
As for the contract cooling off period. The dealer has NO cooling off period those clauses are not made for the dealer. They are written for the consumer, because of pressure that can be made when buying a car. I know many people get home after a purchase and feel they cannot pay for the car. This is what that is made for.
The DA is also smoking crack. If the dealer has the truck they cannot legally sell it while holding the guys money and car that was made in trade. They need to return all items that were used in the transaction. I should know I had Bill Heard try this one on me and it ony took 3 hours to have my money and my old car back. What an attourney can do with DA friends. :)
Progress:
Z32 Had to sell for DD 06 Sentra :(
S30 one of these days I will get around to putting it all back together.
A:
Only in a America huh? That would NEVER fly here in Australia, whoever physically took the truck from his premises would've been arrested lol
85' 300ZX NA
86' 300ZX Turbo
88' 300ZX Turbo
89' 300ZX Turbo
300ZX Turbo Project
A:
Bill Heard does the same thing here in atlanta also they are crooks, I have heard many stories here also cause there are a couple of them around here too.
71 240z yellow and rusting slowly but with style
Laterzzz
A:
Um, I know that California does NOT have a Cooling Off period. The dealerships make it explicitly clear. I can not speak for other states.
The police did NOT say that it was a civil case. Reading comprehension is your friend. The DA said that it was a civil, not criminal case. The police wanted to file charges against the dealership.
How this is a civil case I'll never know. You have a signed contract by both parties and legal tender has been issued (there is usually a clause in the contract stating that if the money does not clear/loan not approved that you have to bring the car back). If a private party did this (sold a car and then changed his mind) he would be in jail right now.
1972 Datsun 240z - Crane XR700 Electronic Ignition, E31 Head, 260z 4-Speed, 3.54 Differential, Tokico HP Struts and Springs, ST Sway Bars, Urethane Bushings, SS Brake Lines, Power Slot Rotors, Hawk HPS Pads, MSA Turbo Exhaust
A:
He has the keys, and saw the truck on the lot the next day?
I would have jumped in, and drove off!
Then booted the damn thing!
In CA there is no "cooling off" period for car deals---you sign, you buy it!
Sounds like the dealer is well known for doing this kind of stuff.
I would have my truck.
If they came for it again, the trip wires would alert me, and firearms would come into play.
People Are Idiots, Just look around here and you will see!
Tony D: "Knowledgeable but Caustic"... rationull
My brother from another mother calls himself "Willie D"
A:
Even if the check was post-dated, Heard got a trade-in....Heard received (and disposed of?) consideration.
And considering all the issues brought up by all these members, it is clearly a civil case. The DA is perfectly straight. I would not issue a warrant on these facts. And that's what I do for a living.
The buyer was reamed, and should be made whole. He should get the truck, or a reasonable similar replacement. He is entitled to the "benefit of his bargain".
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Stage XII+ 1991 Z32TT
417rwhp @18psi pump gas
451rwhp @19psi race gas
est 600bhp @23psi race gas
For product pics...http://s32.photobucket.com/albums/d18/MegaZstuff/
PW... speedymashie
http://www.megaz.net/
A:
Now lets watch some idiots argue with "Da Judge"!
LOL
People Are Idiots, Just look around here and you will see!
Tony D: "Knowledgeable but Caustic"... rationull
My brother from another mother calls himself "Willie D"
A:
Nuh-ugh! I mean, come on, that definitely needs a warrant issued!!!! ;-)
Black 1990 N/A 5-Speed, with JWT Pop Charger, ASP U/D Pulley, Fidanza Flywheel, Nyx 1-piece propshaft, Stillen Headers, Labree S/S Hi-flow Cats, Borla S/S Catback, ASH-Spec ECU, putting down 202 hp / 186 ft.lb. torq
A:
The police probably don't like the car dealeships anymore than you or I and were probably very eager to go after the dealership too.
If the repossession is determined to have been made legally, then it is purely a civil issue and not a criminal one.
If a judge in the civil suit determines the repossession was NOT legal, then the DA has the OPTION of pursuing the dealership on criminal charges.
72 WooHoo!! In good shape too...
72 Rolling Chassis (RB or LS1?)
80 NA SCCA ST2/CP (Car + Tree = Dead)
82 NA 3.0L the rust monster got it
82 ZXT 3.1L, 25psi! Hit in the right rear. ;(
83 parts car
92 TT Sold! ;(
02 Looking for an '03 made in '02
Post Edited (Aug 3, 5:50pm)
A:
When repoing a car dont you have to call it in to the local authoritys first? That way you arent stealing it.
A:
"When repoing a car dont you have to call it in to the local authoritys first?"
Absolutely not. When I was doing that, at most I would call the local police in a city I hadn't operated in, and show the desk sarge the repo paperwork so they wouldn't freak if someone called saying someone was ripping off their car.
I got stopped in a "stolen vehicle" one time, showed some credentials, the bank letter for the repo, my business card, and they let me go, hsaking their head---they knew the guy I took the car from, and said he was a deadbeat dad, too!
When you have the authority to take it, you take it. People who miss one payment aren't the ones who get their cars repoed. They have had plenty of chances to make good on it, by the time the repo man comes around they have many chances to do the right thing. I never missed sleep over taking a deadbeat's car.
The funny thing is, some of them get really pi$$ed that you are taking "their" car. Nah, it's not your car, dude, it's the BANK'S!
People Are Idiots, Just look around here and you will see!
Tony D: "Knowledgeable but Caustic"... rationull
My brother from another mother calls himself "Willie D"
Post Edited (Aug 3, 8:25pm)
A:
"Tony, you already have a big fine truck!" NK
Norman Krell