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Dealership Doesn't Like Deal, Takes Car Back
News Channel 5 ^ | 07/17/2006

Posted on 07/31/2006 5:12:40 PM PDT by Responsibility2nd

Car dealers are often the butt of jokes. But one local truck buyer is not laughing about the deal that he got -- and lost. Consumer advocates say this case raises lots of questions about how a well-known auto dealer does business.

Earl Kieselhorst thought he owned a 2003 Chevy Silverado -- a truck that he bought from Bill Heard Chevrolet in Antioch.

Kieselhorst says he "paid cash for it. Made the deal. Sales manager signed off on it. Signed all the paperwork. And drove off."

He traded in his car and gave the dealer a check for $8,100.

"I have the keys," Kieselhorst tells NewsChannel 5 investigative reporter Jennifer Kraus.

But he doesn't have his truck.

Bill Heard does.

"I can't see any reason why this wouldn't be my car," he adds.

Just one day after he bought the truck, a salesman from Bill Heard called to say the dealership was having second thoughts about the deal.

He told Kieselhorst that if he wanted to keep his truck, he needed to fork over another $10,000 -- something he refused to do. After all, he says, they had a signed deal.

But the next morning, when Kieselhorst woke up, his truck was gone.

"And I was like I can't believe it," he recalls.

The dealership had come and taken it in the middle of the night.

"I've got a contract. This is a legal contract. I don't know what to say. I don't know what to say."

Metro police investigated and wanted to file charges against Bill Heard for stealing the truck.

Detective Ray Paris got a statement from Bill Heard, blaming a rookie salesman for what happened and calling it a mistake. (Read the statement given to police by Bill Heard.)

"They inadvertently sold the vehicle at a lower cost than what they should have," Paris says.

Kathleen Calligan says the Better Business Bureau has received literally hundreds and hundreds of similar complaints about the Bill Heard dealership -- more complaints by far than any other auto dealer in all of Middle Tennessee.

"Not only is this an unbelievable volume of complaints, most of them are unresolved," she adds.

Calligan says that, in this day and age, dealers know exactly how much a vehicle is worth.

And if a dealership truly does make a mistake, she says they'll take the loss -- rather than call the customer and demand he make up the difference.

"There is absolutely no reason for a sale not to be final when the customer walks out of the dealership," Calligan adds.

Yet even after Bill Heard had taken back the truck, the salesman called Kieselhorst again.

"He calls me back and offers to sell it to me for $11,000 more than I paid for it," Kieselhorst recalls.

Kieselhorst said no way.

And even though he still believes he is the rightful owner of the truck, when we went looking for it at Bill Heard, we found a customer checking it out. It was for sale, the customer and a saleswoman told us.

"The whole thing has just gotten more and more ridiculous," Kieselhorst says.

And now the self-proclaimed largest Chevrolet dealership in the world is accusing Kieselhorst of "trying to pull a fast one" on them.

"This is the way this company does business," Calligan says. "They really thought they would be able to pull a fast one on their customer."

After we tried to get their side for days, Bill Heard faxed us a statement just before air time, saying that Kieselhorst "should have known" that the deal he got was too good to be true.

The company says:

"It is not reasonable or fair to expect for Bill Heard Chevrolet ... to be bound by a sale where a clear and material mistake was made, and the customer was aware that it was a mistake."

(Read Bill Heard's statement provided to NewsChannel 5.)

Kieselhort says he just thought Bill Heard was giving him the type of good deal they advertise.

As for the police investigation, the DA says this is a civil case, not a criminal case. He says Kieselhorst is free to take the dealer to court -- something he's now seriously considering.


TOPICS: Local News
KEYWORDS: automotive; chevrolets; dumbdealer; usedcardealers
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(Read Bill Heard's statement provided to NewsChannel 5.)

Oughta be good for at least 100 replies.

Soooo. Whaddya YOU think? Should the dealer have taken back the truck? Is this a criminal case? Civil case?

1 posted on 07/31/2006 5:12:41 PM PDT by Responsibility2nd
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To: Responsibility2nd

Criminal! They both signed the deal. If the dealer is doing this many times, they should be put out of business.


2 posted on 07/31/2006 5:15:05 PM PDT by bboop (Stealth Tutor)
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To: Responsibility2nd

Criminal case. The dealership no longer owned the truck. They stole it.


3 posted on 07/31/2006 5:16:29 PM PDT by Richard Kimball
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To: Responsibility2nd

Once the deal was signed... the dealer loses. period.


4 posted on 07/31/2006 5:17:36 PM PDT by lumber1 (It is not what you do now, but what they will do later with what you've "done now" that matters.)
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To: Responsibility2nd

I made a mistake and didn't like the deal they offered me because it was TOOO much so I go up to the dealership and just take the vehicle I want. Fair is fair. If a bill of sale don't mean nuthin' why pay them anything.


5 posted on 07/31/2006 5:17:36 PM PDT by BipolarBob (Yes I backed over the vampire, but I swear I looked in my rearview mirror.)
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To: Responsibility2nd

the bad pub alone is gonna kill this clown as it should..sue the hell out of him..if he has signed papers and they took the truck.. is that not grand theft auto?


6 posted on 07/31/2006 5:17:40 PM PDT by skaterboy
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To: Responsibility2nd

Ah, you hear about this sort of thing all the time with Toyota, Nissan and Mazda dealers!

(What my Buy America Even If It's Wrong friend would say; otherwise he's
a really great guy)


7 posted on 07/31/2006 5:18:17 PM PDT by VOA
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To: Responsibility2nd
It's a Civil Case, I have a business, If I make a mistake like that I live with it. This Guy has a great case IMHO, All I can say for the Dealership it better not be a Jury Trial.
8 posted on 07/31/2006 5:18:43 PM PDT by cmsgop ( President Mahmud Ahmadinejad Must Purify Himself in The Waters of Lake Minnetonka)
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To: Responsibility2nd
If it had been the other way around (customer on losing end) the dealership would have told him to go to hell.

They sure do squeal like a pig when the tables are turned on them.

If it's as big a dealership as they say, they've already lost at least $10,000 in bad publicity/public relations.

If they want to stay in business they had better play nice with the guy, otherwise they're doomed.

9 posted on 07/31/2006 5:18:52 PM PDT by capt. norm (Bumper Sticker: Honk if you've never seen an Uzi shoot from a car window.)
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To: Richard Kimball
I'm beginning to side with the dealer.

The sale was NOT completed. The buyer gave a posted dated check. The buyer actually had this truck out on spec pending the final closing.

10 posted on 07/31/2006 5:19:04 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: Responsibility2nd
On the face of it, rather damning:

Kathleen Calligan says the Better Business Bureau has received literally hundreds and hundreds of similar complaints about the Bill Heard dealership -- more complaints by far than any other auto dealer in all of Middle Tennessee.

Bill Heard + Better Business Bureau

11 posted on 07/31/2006 5:20:01 PM PDT by dighton
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To: lumber1
Once the deal was signed... the dealer loses. period.

Yeah, but after reading the attachments, I'm not so sure the deal was done. Especially with a post dated check added into the mix.

12 posted on 07/31/2006 5:21:39 PM PDT by Responsibility2nd (Abortion is to family planning what bankruptcy is to financial planning)
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To: VOA

Biggest screwing I ever got was at a Toyota dealership. It was my fault, I was young and stupid, but I've never bought, or seriously considered buying another Toyota.


13 posted on 07/31/2006 5:22:09 PM PDT by Richard Kimball
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To: Responsibility2nd
The buyer gave a posted dated check.

I can't find that in the article. Where did you come up with it?

14 posted on 07/31/2006 5:22:12 PM PDT by capt. norm (Bumper Sticker: Honk if you've never seen an Uzi shoot from a car window.)
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To: Responsibility2nd
There isn't much he can do but go to civil court since the DA is gutless.

On perhaps a different note, a couple of years ago a Fresno County Sheriff's Sergeant sued a local Ford dealer, and Ford Motor Company over a lemon car. The dealer settled for 100,000 dollars and the Sgt. got a judgment against the Ford Motor Company for 10 Million dollars. Ford appealed the verdict, and it is probably still pending. I would hope that the buyer and his attorney in this case can get records of past dealings and sales, and prove that this is a consistent pattern by the dealer. If so, it should prove successful against the dealer in a lawsuit. We'll see.

15 posted on 07/31/2006 5:22:30 PM PDT by Enterprise (Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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To: Responsibility2nd

if the dealer accepted it, too bad for him.


16 posted on 07/31/2006 5:22:44 PM PDT by lumber1 (It is not what you do now, but what they will do later with what you've "done now" that matters.)
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To: Responsibility2nd; Victoria Delsoul

A deal is a deal.


17 posted on 07/31/2006 5:22:44 PM PDT by HitmanLV ("If at first you don't succeed, keep on sucking until you do succeed." - Jerry 'Curly' Howard)
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To: Responsibility2nd

"I'm a faithful follower of Brother John Birch
And I belong to the Antioch Baptist Church.
And I aint even got a garage, you can call home and ask my wife!"

Same Antioch??


18 posted on 07/31/2006 5:26:20 PM PDT by ButThreeLeftsDo (Carry Daily. Apply Sparingly.)
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To: Responsibility2nd
Seems to me he needs to sue the dealership in civil court to enforce his contract of sale and get the truck back. Assuming he wins that suit, which he should, the court will have established that he did, in fact, own the truck, at which point he should insist that the dealership employees and management who ordered the "repossession" be criminally charged with the truck's theft, and then go back to civil court and sue them for the intentional tort of trespass to chattel, with the various punitive damages such a suit can entail. It won't run the dealership out of business, but he'll be ablet to buy a new truck a few times over, and the thugs who tried to steal it back will think twice before they do it again.

As long as the deal wasn't grossly unreasonable (like selling him the car for $1), I don't see how the sale wouldn't be enforceable. I don't see how a trade-in plus $8,100 cash would seem blatantly unreasonable for a used Chevy.

19 posted on 07/31/2006 5:26:30 PM PDT by Turbopilot (iumop ap!sdn w,I 'aw dlaH)
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To: capt. norm
I found it in Bill Heard's statement. A post-dated check that is accepted is, just that, accepted.

They are actually illegal in most states.

When I was in the check-cashing business, the law was, you accept a check (no matter what's written on it), too bad for you.

20 posted on 07/31/2006 5:26:50 PM PDT by capt. norm (Bumper Sticker: Honk if you've never seen an Uzi shoot from a car window.)
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