Instead of suing, I'd just cost them the money in business....

Keep with the linking of the story....

Spend the money and get a plane ticket there with a big sign, "METRO TOYOTA SCREWED ME.... LOOK AT METROTOYOTASUCKS.COM"

Seriously, if you make that web site and drive around across the street, they'll be crying and begging to make a deal.

I'd even pitch in $10 towards your plane ticket purely on the principle of the matter.

And yes, I already sent them a "comment" on their web site on what I think of their practices. Let's roast'em!

 

While I agree with you that all of us need to make a living and pay bills, there are attorneys that do believe in championing for the "underdogs." In any event, I still think that OP has a good case and there would be attorneys that may take the case for a couple of thousand because the potential recovery for attorney fees and costs are so high.

Going back to what you stated earlier regarding the cause of action under contract law. We both agree that based on OP's indication, there's a formation of contractual obligations from both OP and the dealership and there's a breach on the part of the dealership. Perhaps we differ on the the type of damages. I think under contract law and correct me if you think I am wrong (as I do not practice civil lit), the injured party is entitled to specific performance or replacement cost. In this case, the dealership obligated to perform. In this case, deliver the car and if impposible, then deliver on in similar conditions. If it cannot do that, then OP can seek replacement cost. For example, if he had to purchase a similar vehicle elsewhere for more, the the dealership must cover for the difference. That was the cost of breaching the contract. In sum, let's be optimistic for OP as he's not just limited to directing his losses to the regulatory authorities.

Don't be shy OP! Call or email a few attorneys in that city and inquire about your case and cost. Many lawyers now have email account that you can send in inquiries.

 

I don't know Ohio law, but I would be very, very surprised if it were any different from the states whose laws I do know; specific performance is available as a remedy only when the subject of the contract is unique, and does not involve personal services; land is always considered to be unique, so one can get specific performance in a reneged land deal. A late model Honda is a commodity, not unique, so I am quite sure that the measure of damages available is what I said in my first post.

Sure, it's possible that one could make out a consumer protection/unfair trade practices cause of action, but I very much doubt it. This is a simple breach of contract, and may in fact have been unintentional.

 

contacted an attorney in Ohio this morning and faxed him all the documentation.

 

If you've gotten your money back I'm surprised your still pursuing legal action. Seems like you are wasting your time, chalk it up to experience and move on. Maybe you should expend your time and energy finding another car rather than talking to lawyers.

I'd accept that most dealerships are morons and they either don't know what the heck's going on or they saw a better deal and took it. If it's the latter than sure, I'd be pissed too, but in the end I don't think they will be legally liable, they will just claim ignorance and say it was a paperwork error or some crap like that.

 

I feel like I'm just doing my civic duty...strange idea to most but sometimes you think about more than just yourself.

If more people stood up for their rights as a consumer things like this would be a lot more uncommon. Look at how many people have posted on here about deceitful practices by dealers just in the past couple of months!

 

If you have the time and money than I say go for it. I doubt you're doing this to become a millionaire.. and yes, stick it to 'em! I hate shady dealerships.

 

[QUOTE=S2k Dude,Mar 18 2005, 02:38 PM]

I'd accept that most dealerships are morons and they either don't know what the heck's going on or they saw a better deal and took it.

 

Dude, life is short - find another car! They obviously sold it to a higher bidder. When life serves up lemons - make lemonaide. Chill.

 

I GOT A CAR!!!!!!!!

I just couldn't help myself. The Mercedes dealer two blocks from my office had a MY04' Silverstone in mint condition with only 4,400 miles...1 year old exactly and has Lo Jack which I know nothing about. When I saw the car and the price I got all crazy...now I'm having an anxiety attack.

$24,000!!!!!