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Discussion in 'Off-Topic' started by richc, Jan 17, 2019.
That's exactly where we are at. Eff GM!
There are lots of rules in place to ban manufacturers from selling directly to customers, its what gives us the glorious dealership experience we have all come to love. Maybe GM HAS to go through a dealer to comply with state law.
Yup, I understand there may be reasons why GM has to do it this way. Or why GM must let dealers refuse to participate in a buyback.
Still not our problem. They agreed to a buyback and the time for performance is gone. And they haven't performed step 1 in the process... make a financial offer of settlement.
They don't give a shit.
This is why after a string of 7 GMC's in a row, I'm now driving a CPO mercedes SUV with an unlimited miles warranty that cost not much more than your son's Colorado
I wonder how Tesla avoids this issue in MA? I believe they have their own Tesla stores and repair centers.
Just thinking outside the box here. I know in some states Tesla did struggle with the dealer requirement.
They are doing it in 8 states, well 7 now, Connecticut just shut them down on direct to customer sales.
Tesla gets shut down in Connecticut again as the legislature bends to auto dealers
Interesting... thx for sharing.
richc, have you asked for reimbursement for insurance on a vehicle that you couldn't drive?
Good luck with this fiasco. Matt
I used to buy only American cars years ago when you could work on them yourself. Slowly, but surely I stopped buying various makes because of various issues. Chevy was the last of the American cars for me when I bought a '95 Blazer. I forget how many miles it was, but it was fairly low miles when the torque converter went (amazing to read that it is still a problem today after all these years!). At the time it was a known problem and Chevy didn't want to fess up to it. I fought them for months and got nothing out of it. I'm still shaking my head that the same issue persists today.
I'm quite sure our lawyer will ask for everything connected to this situation.
My lawyer is a very conservative type of fella. He'll counsel that double and triple damages and attorney fees are rare. But even he's in disbelief with this nonsense...
I told you weeks ago that this was most likely the reason why it’s taking so long and that you need to talk to a different dealer. I have experience in this and have been trying to help you but you just keep complaining and won’t take advice. Good luck
Here's our lawyer's letter of Friday. They've not responded to his letter of last Monday as yet. And nothing new today so far.
As to the selling dealer not wanting to participate in the repurchase, that is GM's problem, not Mr. MySon's. XXX of the 'executive office' indicated that XXXX Chevrolet would be handling the repurchase, so it is unclear to me why you make reference to the selling dealership. All documents have been submitted electronically to Chevrolet and to the BBB, so it is a mystery why your office wouldn't have sufficient information to move forward.
I note in passing that under Massachusetts lemon law, the manufacturer is expected to make payment within 21 days of the rendering of the arbitrator's decision (here, settlement), after which the manufacturer faces a $5,000/day fine from the Commonwealth. The BBB Autoline rules state that the arbitrator's decision must be carried out within 30 days. In short, GM had every expectation that they needed to perform promptly - 45 days was the outside window.
To date, there has been no action on the part of GM to carry out the settlement agreement: a.) no proposed repurchase dollar figure has been provided to Mr. MySon; b.) his requests for information concerning rental car expenses have gone unanswered despite multiple promises to get back to him; and c.) no information has been provided to him on when GM might actually pay him, only that they might take three to five weeks from late January just to provide a proposed dollar figure.
On top of all this is your indication that GM is reneging on the settlement. For all of the foregoing reasons, Mr. MySon is inclined to file suit to enforce the settlement agreement, as well as pass his experiences along to the Boston Globe.
Please note that we have also contacted the consumer protection division of the Massachusetts Attorney General.
Absent prompt confirmation by GM that it is not renouncing the settlement agreement, and forward progress in carrying out the same, Mr. MySon will likely direct me to bring suit to enforce the settlement agreement as a contract action sometime next week, with the 93A counts to be added in due course.
Sure, blame the victim. A 25 year old kid and his father who's trying to help.
We don't have a settlement agreement with the dealer. We have a settlement agreement with GM.
It must be nice going through life knowing all the answers and kicking others when they're down. I'm betting you get a kick out of it.
Are not we all glad that Gm was too big to fail. Thank goodness obummer bailed them out.
I’m not blaming you for anything that happened. But you’d be better off finding a dealer willing to do the vehicle re-acquisition than getting more lawyers involved. At least if time is of any concern to you.
More just in. Read from the bottom up.
So, in a word, zero progress on completing the settlement:
a.) It was not completed by GM's own 45 day deadline;
b.) no one at GM is willing to confirm numbers, even after 52 days after settlement (and noting that GM had all the paperwork needed to calculate a settlement number on the date it offered settlement, save for rental costs while my client was awaiting a check);
c.) GM is not willing to confirm the rental terms for a substitute vehicle since the vehicle is not;
d.) No one can promise that the repurchase will actually occur any time in the near future; and
e.) Despite XXX Chevrolet demanding my client take the vehicle off their premises, and despite YYY Chevrolet being closer (and some correspondence that they would be doing it), you are bouncing it back to XXX Chevrolet, whose employee took my client's vehicle on a joy ride. Hmm.
At this point, there is nothing in GM's actions that indicates that you feel you have an obligation to perform the settlement agreement in a timely fashion. Please know that since GM has caused my client to incur expenses beyond those in existence at the time he agreed to the settlement agreement, he will look to be made whole, including for attorney's fees, storage charge, lost use, additional insurance and finance charges for a vehicle which he cannot use, and those continue to mount due to GM's breach of the settlement agreement. GM's response to the 93A should take into account these additional costs.
I'll be passing your email along to the Attorney General to supplement what was already provided to them. Of course, it will also be an exhibit in the Complaint to be filed in the Massachusetts Superior Court, assuming that proves necessary.
On Mon, Feb 11, 2019 at 3:39 PM Brittney Mainord (C) <[email protected]> wrote:
Good Afternoon Mr. MyLawyer,
Please be advised that at this time, our Alternative Dispute Resolutions department is working directly with the Better Business Bureau in regards to getting the original settlement agreed upon completed. The servicing dealership, Mirak Chevrolet, in Arlington, MA has agreed to host this repurchase for us. The agent handling the other file will be in contact with the BBB with more information to follow.
XXX- Legal Advisor
From the BBB this afternoon. WTF??? I thought the BBB was an impartial party. And they're asking us to to extend the compliance date to help GM? Is GM presenting a veiled threat that they won't complete the transaction unless the compliance date is extended? Oh, and the vehicle is in my driveway, not at the dealer...
This makes me really, really angry...
“GM was able to have the dealer where the vehicle is located to complete the transaction and would like to extend compliance to 3/1/19. Would you be in agreement?”
This reads to me that they are not responding to any additional expenses, by your son, by not acknowledging them.
Yeah, that's my take too.
And I expect they'll provide a settlement agreement whereby my son agrees that this is the final payment and he will not seek further compensation. And we'll tell them to go to hell.
What GM does not know is there's a very pissed off parent behind this "customer" who is will to go to the wall on this. And can afford it...
Jesus, what a shit show. When is it going to be on TV?
TRUCK BUYBACKS GONE WILD - next on GMTV
Why would any dealer, that didnt sell him the vehicle, want to go through that?
And what would more lawyers accomplish?
Are you saying the OP needs to go to a random dealsr with a team of several lawyers and start threatening them to take back a vehicle they didnt sell or service?
There is probably no upfront benefit, which is why many don't want to. It's probably like they get an extra truck on their next delivery or something, prob some random combination no one wants.
No I’m not saying to go to a random dealer with a team of lawyers. I’m saying not to involve any lawyer as it’s just going to cost you more time and money. My suggestion is to go to a very large dealer, preferably one that owns multiple dealerships across multiple brands. These dealers usually have much more experience in this process and if you explain to them that if they help you out you will in return buy another vehicle from them, they will be much more likely to help than the dealer that was badmouthed on the internet, for good reason or not. Just my $0.02
Idle curiosity... do you work for a dealership?
You really think richc or his son is ever going to buy a Chevrolet/GM product ever again if they can avoid it?
Maybe they would if they hadn't been treated so poorly through this whole thing...
ETA: I reread your post, yes, maybe from a network of dealers that owns more than one brand... you have a point there....
No I do not directly. But I’ve seen this process play out multiple times with multiple brands. Your highest chance for a timely and low-stress solution is to find a better dealer that is willing to help you. If you call a dealership ask to speak with the GM, or schedule an appointment for a phone call with the GM. Don’t give too much info to the receptionist as they may try to pawn you off to someone lower on the totem pole. Explain your situation and see if they are willing to help. You may have to call 5-10 dealerships before you find one willing to help. But once you find one that’s willing to help, I would go that route. It’ll be much less stressful and you won’t have to pay a lawyer out of pocket.
No one is reading his posts because you're all frothing at the mouth to type EFF GM. He said to find a family of dealerships, a family that owns multiple brands, like those scumbags at Quirk. That way they can still score a sale as they slide your butt in a different manufacturer's car. That will make the dealership more willing to help. Receiving a car with no extra sale leaves no incentive for the dealer.
Hence my post edit. And GM still generally sucks. Although I like the Corvette....
I see the logic in what he is telling him to do. It makes sense. "Help us on X (shit truck problem) and we'll gladly buy a Y from (your other brand dealer here)"
Call me silly but GM signed a binding agreement to repurchase the vehicle. We expected they would live up to the terms of the agreement, particularly as they provided the legal language for the agreement (and reviewed by our counsel).
It's up to GM to buy the car. They are legally obligated to do so. There's no obligation on our part to go make a deal with a dealer that GM may not want to deal with. It's their responsibility... period.
Am I complaining, yup. But I want others to know what kind of company GM is when the bad stuff happens. If GM had lived up to their bargain I would have said that too.
Years ago I had a Volvo S80 that had a clunking noise. Went to the dealer 3-4 times to get it fixed and they never fixed it.
I contacted Volvo corporate for help. Within days a regional manager called and asked what was going on. He asked for me to bring the car to a different dealer and he'd arrange a loaner too.
He calls me back a few days later and says he wants me out of that car. Says it's got problems. Asks me if there's another Volvo vehicle I would be interested in. I indicated their new SUV.
He calls me back and says they'll give me $XXX for the trade in, which was a reasonable number, sell me the SUV at dealer cost, and he'd kick in $5,000 to show me that Volvo wants me as a customer. It was my second or third Volvo at the time.
I actually didn't want that Volvo SUV but they made it so financially attractive I agreed. It was easy. Completely painless. I had the new vehicle in under a week.
Compare that to what GM has done. Is this the type of behavior we should expect from a large American company when they ship a defective truck? Why is it over 5 months since my son brought this truck in for service and they are still dragging their feet?
Oh... and last night the BBB wrote to my son asking if they could push the "compliance date" out into March? HUH??? WTF????? What good is a GM offered and BBB backed settlement agreement if they don't honor the dates? Pretty scummy of the BBB if you ask me...
I fully expect GM will pay for my son's legal bills. So no worries on that end. We will not settle for anything less. If it needs to go to court, so be it.
Separate names with a comma.