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SteveNewcomb
April 10, 2011
negotiated in bad faith
This is the story of a horrible experience that ended yesterday, Saturday, April 9 2011. Last week, I responded to an E-bay listing of a 2007 Dodge Grand Caravan at Chris Leith Automotive in Wake Forest NC. Over a 3-day period, we negotiated the cash price by e-mail, resolving all issues in an overall out-the-door price of $10, 440. Then my wife and I drove from our home in Southport NC to Wake Forest NC, a 3-hour drive each way. We expected to pick up the car. When we arrived we found everything in order. The test-drive went well. Our salesperson, Rick VanDoren, was professional and helpful. The first problem we encountered was that I was required to sign a form that informed me that there was no way I could prevent Chris Leith from calling me on the phone for his marketing purposes, once we had established a business relationship by my purchase of the car. We resolved that problem by entering my contact information in their computers with the notation, "Never call this guy for any reason." I then paid for the car by check. The check was validated by TeleCheck. Still everything was fine. We had to endure a sales pitch about an extended warranty, which we declined as quickly as possible. Then they confronted me with an "arbitration agreement", and they told me I had to sign it before they would give me the keys to the car I had just purchased. The arbitration agreement said that I was surrendering my right to resolve in court any future dispute valued at more than $2, 500. Any such dispute could, at the dealer's discretion, be referred to the dealer's chosen arbitrator. I surrendered any right to participate in a class action against the dealer, too. I refused to sign this obnoxious and very scammy-smelling agreement. I was told that they only wanted my initials, and that the dealer is upright and reliable. I was asked, "What are you afraid of?" as if *I* was the one asking for protection from the other party, when in fact THEY were asking for protection from ME. They made several claims about the agreement that were untrue, which I disproved by reading to them, aloud, the contrary statements in the agreement. I finally said, "You have two choices: give me the keys, or give me my check back." They gave me my check back, saying the arbitration agreement was vital to their business model. (That interesting claim did nothing to enhance my confidence in the uprightness of Chris Leith Automotive!) Final analysis: the price was not negotiated in good faith. The surrender of my civil rights was a part of the price that was not disclosed until after I had paid cash for the car. My wife and I lost a whole day over this nonsense, plus travel expenses. My advice: avoid this dealer. He would rather forego any customer who has sufficient self-respect to retain the option of challenging his frauds in court as an equal under the laws of our State and Nation. And he won't tell you that's the actual case until you've already invested your time and money in pursuing a deal in good faith.
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