New vehicle, what the hell do I do now

Broccoli Iglesias

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I would call a good lawyer. I suspect he will threaten triple damages. Assuming the dealer is not offering any help, I would speak to the General Manager at the dealership you bought the truck from and tell him, very nicely and calmly, that you would like a similarly equipped 2020, for exactly the same price, including sales tax, excise tax etc. or you will sue for triple damages and legal costs. If they refuse, I would contact a good lawyer.
I would contact the lawyer before and have it in my back pocket.

They say no, you instantly hit them with the lawyer card. They will know you dont f*ck around.

If you walk away, spend a week finding someone .... now it is just more time that goes by.

The dealership is probably hoping the OP will give up, so they will most likely say NO the first time, that's why I think having the lawyer ready will be useful, there is no waiting in the negotiation, you hit them with something they werent expecting.
 
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HARRYM

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I feel like I am in a scene from the Godfather, the longer I work with the GM of the local Dealer the more I am becoming convinced he knew the truck had been repaired when he agreed to have it sent down to the local dealer.

I have asked 3 times for our verbal agreement to be put in writing, the local GM hasn't agreed to do it. Didn't say no per say but a non-answer is the same as a no to me.

It's not a warranty claim, the truck was delivered to NH in new condition.

The cost to replace the bed, re-paint the truck, and compensation for a lowered book value would far exceed just giving me a new vehicle......I would think.

So verbal we will give you this and that just don't work for me at this point. If the Dealer REALLY WANTS to do the right thing then what exactly is the problem with putting a pen to our discussions?

I have the form to file a complaint with the MA Attorney General's Office. I have been looking for a Lawyer who takes my kind of case, consumer fraud Lawyers seem hard to find, to me.

I'm not sure the Owner of the local Dealership is aware of my case. I don't see how he wouldn't be but I could ask for a face to face with him.

Right now all I have is a verbal agreement as to what they will do and to wait it out until April when the truck comes in. In the meantime they are telling me "don't worry, be happy" but show NO interest in doing a written agreement.

2000 miles on the truck and just made my second payment.
 

daveyburt

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Even a non-fraud lawyer could assist you in understanding if the dealership has run afoul of any laws, or the best next steps to take.
Do you have and friends, or family members, or friends of friends that are, or know a lawyer you could chat with?
Then, with a better understanding of the 'case', you may be able to more easily find the proper attorney.

From my point of view, the truck could be sold as a 'new' model year, but not a 'factory new original' vehicle.
If your deal/contract states it's for the sale of a factory original new vehicle, you will probably walk with your money.....if I were a judge.
;)

They tried to move that thing, thinking they'd be lucky if they did, and are now trying to make that 'luck' stick.
 

Broccoli Iglesias

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Right now all I have is a verbal agreement as to what they will do and to wait it out until April when the truck comes in. In the meantime they are telling me "don't worry, be happy" but show NO interest in doing a written agreement
Bro, you have nothing. They are delaying this as much as possible. On April, they will tell you to screw.

Waiting for the truck to come in? Come in to where? ... dont you already have the truck?
 
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Yes. I have seen this done in the past when a dealership is obviously wrong and the manufacturer was not involved. Customer won in a short trial.
I'll bet he did not get the triple 93A damages.

Those triple damages are a standard claim (an attorney once told me it bordered on malpractice not to include them in a claim) but are very rarely awarded.

-----------------------------------------

By handling it yourself rather than having an attorney negotiate, you are sending a clear message - "I am not willing to pay for legal counsel" and reducing the strength of your hand.
 

MarlboroughMan

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OP, unfortunately I have to do a lot of work with lawyers/courts in my line of business and one thing I've learned is that verbal doesn't mean sh*t and secondly I've learned that it's advantageous to be in the strong position and take the lead on disputes... don't just let them take their course (as I see things you originally posted about this 10 days ago and you don't have any resolution what-so-ever). What I'd do if I were in your shoes is to get with a good lawyer and have him help you draft an immediate demand letter (reiterating anything that's been committed to you verbally that's acceptable to you) so that everything is on record and so that they know you're not f'ing around. Although I agree with Rob's comment above that treble damages are rarely awarded, the threat exists, particularly if the evidence is clear (as it appears to be in this case), plus attorney's fees and court costs are at stake. You need to send the GM a very clear message that you're done playing and that you expect to be made whole or you'll take it to the mat.
 

caboose84

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So the dealer want you to wait for a replacement vehicle until April and won't put anything in writing.

When do your protections under the lemon law in Mass expire?

Lawyer up, get things in writing, or come April all you'll hear is "too bad, so sad"
 

Dennis in MA

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I concur. I'd not wait another 6 weeks. Unless your loaner is another new truck to drive around meanwhile. Might be time to get a mouthpiece.
 

Alien

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Park your vehicle out front with a sign that the dealer is not trust worthy ask me about it. Park legally not on their property and just like a picket line you have to keep moving and not impede people. Cost them enough sales they will put it in writing. NO WAY I would wait any longer!!
 

namedpipes

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I feel like I am in a scene from the Godfather, the longer I work with the GM of the local Dealer the more I am becoming convinced he knew the truck had been repaired when he agreed to have it sent down to the local dealer.

I have asked 3 times for our verbal agreement to be put in writing, the local GM hasn't agreed to do it. Didn't say no per say but a non-answer is the same as a no to me.

It's not a warranty claim, the truck was delivered to NH in new condition.

The cost to replace the bed, re-paint the truck, and compensation for a lowered book value would far exceed just giving me a new vehicle......I would think.

So verbal we will give you this and that just don't work for me at this point. If the Dealer REALLY WANTS to do the right thing then what exactly is the problem with putting a pen to our discussions?

I have the form to file a complaint with the MA Attorney General's Office. I have been looking for a Lawyer who takes my kind of case, consumer fraud Lawyers seem hard to find, to me.

I'm not sure the Owner of the local Dealership is aware of my case. I don't see how he wouldn't be but I could ask for a face to face with him.

Right now all I have is a verbal agreement as to what they will do and to wait it out until April when the truck comes in. In the meantime they are telling me "don't worry, be happy" but show NO interest in doing a written agreement.

2000 miles on the truck and just made my second payment.
IF the AG decides to advocate for you (the may or may not) then they will assign a lawyer to work with you. I think (not sure) that lawyer is NOT on the state staff, but what amounts to pro bono or "a favor" to the AG. Perhaps one of the legal eagles can clarify some of that.

But that might be days or weeks from the time you make the complaint to the AG. Oh, and CALL. The online form is useless. Take a lorazepam first. HAH! Autocorrect just tried to change lorazepam to "moralizer".

If you want to move quickly (and you do), you'll need to hire your own lawyer and strive to get him (or her) paid out of the "winnings", not your pocket. You'll probably have to pay a retainer though.
 

namedpipes

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OP, unfortunately I have to do a lot of work with lawyers/courts in my line of business and one thing I've learned is that verbal doesn't mean sh*t and secondly I've learned that it's advantageous to be in the strong position and take the lead on disputes... don't just let them take their course (as I see things you originally posted about this 10 days ago and you don't have any resolution what-so-ever). What I'd do if I were in your shoes is to get with a good lawyer and have him help you draft an immediate demand letter (reiterating anything that's been committed to you verbally that's acceptable to you) so that everything is on record and so that they know you're not f'ing around. Although I agree with Rob's comment above that treble damages are rarely awarded, the threat exists, particularly if the evidence is clear (as it appears to be in this case), plus attorney's fees and court costs are at stake. You need to send the GM a very clear message that you're done playing and that you expect to be made whole or you'll take it to the mat.
And that.
 
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Why the hell haven't you gotten an attorney, or at the very least, the AGs office involved yet? If this were me, within 10 minutes of finding this out the dealer would have the option to give me a loaded 2020 off their lot for not a penny more or standby to get f***ed up in court and the PR world. MA has strong consumer protections. Local news outlets love nothing more than stories like this. Looks like you got hosed and are letting them continue to hose you. It has now been almost 2 weeks -- at a certain point you validate what you tolerate. You ask for advice and then ignore all of it.
 

HARRYM

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Why the hell haven't you gotten an attorney, or at the very least, the AGs office involved yet? If this were me, within 10 minutes of finding this out the dealer would have the option to give me a loaded 2020 off their lot for not a penny more or standby to get f***ed up in court and the PR world. MA has strong consumer protections. Local news outlets love nothing more than stories like this. Looks like you got hosed and are letting them continue to hose you. It has now been almost 2 weeks -- at a certain point you validate what you tolerate. You ask for advice and then ignore all of it.
Why would you think I am not listening to the advice given here? There have been multiple opinions, I can’t take them all as some are polar to another. HOWEVER, I sincerely appreciate all of the advice and opinions given here as well as having a sounding board here to help me break this all down in my head.

There is always time to get up off the bar stool and say “let’s step outside”

The trouble is one never knows the outcome from that and many times the person in the right doesn’t win.

I am doing all I can to facilitate a negotiated result. Yes, it is like pulling teeth. But if I can reach an agreement without going to the mat I would think it’s best to go that route. I hope it happens but of course I am fully prepared to get up off the bar stool if pushed into it.

Remember, I am going up against a business who would slaughter a member of their family if it netted them a bigger commission. I am not on equal ground with professional thieves. Nor are many Lawyers BTW. And one actually never knows what the courts would do.

If I may digress the CIA and the FBI conducted an illegal spying operation against the Trump campaign, plotted his overthrow, an act of treason.

Not one of them will be punished, not one. And yet the Traitors are trying to sentence Roger Stone to 9 years in prison.

Be patient Grasshopper, I hear everyone here, but I am moving slowly as this is a master chess match and not a game of checkers in the living room against your kid.
 

Broccoli Iglesias

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Why would you think I am not listening to the advice given here? There have been multiple opinions, I can’t take them all as some are polar to another. HOWEVER, I sincerely appreciate all of the advice and opinions given here as well as having a sounding board here to help me break this all down in my head.

There is always time to get up off the bar stool and say “let’s step outside”

The trouble is one never knows the outcome from that and many times the person in the right doesn’t win.

I am doing all I can to facilitate a negotiated result. Yes, it is like pulling teeth. But if I can reach an agreement without going to the mat I would think it’s best to go that route. I hope it happens but of course I am fully prepared to get up off the bar stool if pushed into it.

Remember, I am going up against a business who would slaughter a member of their family if it netted them a bigger commission. I am not on equal ground with professional thieves. Nor are many Lawyers BTW. And one actually never knows what the courts would do.

If I may digress the CIA and the FBI conducted an illegal spying operation against the Trump campaign, plotted his overthrow, an act of treason.

Not one of them will be punished, not one. And yet the Traitors are trying to sentence Roger Stone to 9 years in prison.

Be patient Grasshopper, I hear everyone here, but I am moving slowly as this is a master chess match and not a game of checkers in the living room against your kid.
A lot of people gave you their opinion/advice, but I would say that 90% of it boils down to "get a lawyer".

I hope the dealership comes through for you, but remember, dont be surprised if on April they say "what verbal agreement?- show me the written agreement".
 

strangenh

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Seems to me, assuming the dealer you bought from was in fact duped, that they have a beef with the dealer they got it from. That's their problem to solve. They sold you a product that wasn't what was stated. That's a pretty core 'warranty' issue (not in the manufacturer warranty sense, but in the sense it isn't what you agreed to buy), and that's on them. They should take it back, refund or replace, and handle it with the other dealer.

MA may have law specific to this, so take the above with a grain of salt, but that's how it would work in most states with defective goods, whether defective as to condition or title (e.g., stolen goods), etc.

If they were knowingly passing it off, that's a whole other can of worms.
 

caboose84

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My biggest concern for the OP is the dealership is trying to run the clock out on you.

Document all your interactions with them- perhaps do it in a "mickey the dunce" fashion by email- "just wanted to confirm I bring the truck by on Friday at 10 for this" etc. Start it with "I couldn't come by to talk- busy at work, etc, but just wanted to go over what we've been talking about". No threats just "innocent clarification".

If they only verbally respond, you can be certain they are weaseling now and planning to weasel later.
 

Dennis in MA

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Why would you think I am not listening to the advice given here? There have been multiple opinions, I can’t take them all as some are polar to another. HOWEVER, I sincerely appreciate all of the advice and opinions given here as well as having a sounding board here to help me break this all down in my head.

There is always time to get up off the bar stool and say “let’s step outside”

The trouble is one never knows the outcome from that and many times the person in the right doesn’t win.

I am doing all I can to facilitate a negotiated result. Yes, it is like pulling teeth. But if I can reach an agreement without going to the mat I would think it’s best to go that route. I hope it happens but of course I am fully prepared to get up off the bar stool if pushed into it.

Remember, I am going up against a business who would slaughter a member of their family if it netted them a bigger commission. I am not on equal ground with professional thieves. Nor are many Lawyers BTW. And one actually never knows what the courts would do.

If I may digress the CIA and the FBI conducted an illegal spying operation against the Trump campaign, plotted his overthrow, an act of treason.

Not one of them will be punished, not one. And yet the Traitors are trying to sentence Roger Stone to 9 years in prison.

Be patient Grasshopper, I hear everyone here, but I am moving slowly as this is a master chess match and not a game of checkers in the living room against your kid.

OK, pard. Let's step outside. In fact, let's head down to the playground across town.

(five min later)

"WTF is he? Did he chicken out that loser?"

"Uh, no, Dennis. He doesn't have a truck. Remember?"

"d'OH!"
 

MarlboroughMan

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Why would you think I am not listening to the advice given here? There have been multiple opinions, I can’t take them all as some are polar to another. HOWEVER, I sincerely appreciate all of the advice and opinions given here as well as having a sounding board here to help me break this all down in my head.

There is always time to get up off the bar stool and say “let’s step outside”

The trouble is one never knows the outcome from that and many times the person in the right doesn’t win.

I am doing all I can to facilitate a negotiated result. Yes, it is like pulling teeth. But if I can reach an agreement without going to the mat I would think it’s best to go that route. I hope it happens but of course I am fully prepared to get up off the bar stool if pushed into it.

Remember, I am going up against a business who would slaughter a member of their family if it netted them a bigger commission. I am not on equal ground with professional thieves. Nor are many Lawyers BTW. And one actually never knows what the courts would do.

If I may digress the CIA and the FBI conducted an illegal spying operation against the Trump campaign, plotted his overthrow, an act of treason.

Not one of them will be punished, not one. And yet the Traitors are trying to sentence Roger Stone to 9 years in prison.

Be patient Grasshopper, I hear everyone here, but I am moving slowly as this is a master chess match and not a game of checkers in the living room against your kid.
The problem is that being "nice" and patient in a situation like this (where you have been wronged and you have parties pointing fingers and the clear party that you directly contracted with is telling you to just wait) is a fools approach and the longer the clock ticks the harder it will be for you to prove in court (if necessary) that you weren't agreeable or dissatisfied with the transaction. In the meantime you're putting miles on the vehicle and using it so you're just making it harder to argue that you've suffered significant damages from the transaction. Since you used the step outside analogy I'll give you my recommendation which is don't bring a knife (or no weapon at all) to a gun fight. These guys are pros and you're just a nice guy. They're likely to eat you for breakfast unless you start documenting and showing them you're not messing around by bringing in a big gun.
 

greencobra

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yeah, this is going on too long. i'd at the very least, start a dialog with the ag's office if only to just have a "paper trail." hey, maybe that was done already. you can bet the dealership(s) have consulted their attorneys several times over this. the longer it goes you damn well know it won't end well.
 

richc

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AG is completely and totally useless in a matter like this. Ask me how I know...

:-(

Why the hell haven't you gotten an attorney, or at the very least, the AGs office involved yet? If this were me, within 10 minutes of finding this out the dealer would have the option to give me a loaded 2020 off their lot for not a penny more or standby to get f***ed up in court and the PR world. MA has strong consumer protections. Local news outlets love nothing more than stories like this. Looks like you got hosed and are letting them continue to hose you. It has now been almost 2 weeks -- at a certain point you validate what you tolerate. You ask for advice and then ignore all of it.
 

drgrant

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If it was me I'd start looking at "lemon law attorneys" etc. Even if this isn't strictly a lemon law case, some of those people are probably legally adept enough to handle this type of
thing..... to put it mildly, you're not the only person some car dealer has screwed in MA.... so there's probably at least a cottage industry in this state of attorneys that deal with this kind of
thing.
 

namedpipes

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Why would you think I am not listening to the advice given here? There have been multiple opinions, I can’t take them all as some are polar to another. HOWEVER, I sincerely appreciate all of the advice and opinions given here as well as having a sounding board here to help me break this all down in my head.

There is always time to get up off the bar stool and say “let’s step outside”

The trouble is one never knows the outcome from that and many times the person in the right doesn’t win.

I am doing all I can to facilitate a negotiated result. Yes, it is like pulling teeth. But if I can reach an agreement without going to the mat I would think it’s best to go that route. I hope it happens but of course I am fully prepared to get up off the bar stool if pushed into it.

Remember, I am going up against a business who would slaughter a member of their family if it netted them a bigger commission. I am not on equal ground with professional thieves. Nor are many Lawyers BTW. And one actually never knows what the courts would do.

If I may digress the CIA and the FBI conducted an illegal spying operation against the Trump campaign, plotted his overthrow, an act of treason.

Not one of them will be punished, not one. And yet the Traitors are trying to sentence Roger Stone to 9 years in prison.

Be patient Grasshopper, I hear everyone here, but I am moving slowly as this is a master chess match and not a game of checkers in the living room against your kid.
JUST keep your eyes on any statutory time limits. You might have so many days to file a lawsuit and if you don't in time, your case is dead.
 

HARRYM

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2 HR Meeting with the owners of my local dealership, myself and my wife. Have a written agreement to reimburse my entire out of pocket money on the 2019, sell me an exact 2020 for the same money, and pay to have the accessories added onto the 2020.

Local dealer now will purse reimbursement with the NH dealer.

New 2020 ordered, I have the build sheet for late March, delivery mid April.

No extra compensation but I am happy to end it.

Although it ain't mid April yet. ;)

Thanks all!

PS, there will be a point that I will ID the NH dealer and exactly how badly butchered my truck is.
 
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