Report: Chevy dealer sells car for wrong price, apologizes after having buyer arreste

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Filed under: Car Buying (http://www.autoblog.com/category/carbuying/), Government/Legal (http://www.autoblog.com/category/government-legal/), Crossover (http://www.autoblog.com/category/crossovers-cuvs/), Chevrolet (http://www.autoblog.com/category/chevrolet/)
http://www.blogcdn.com/www.autoblog.com/media/2012/10/priority-chevrolet-628.jpg (http://hamptonroads.com/2012/09/dealership-apologizes-error-customer-arrest-0)

A Virginia man spent four hours in jail after purchasing a Chevrolet Traverse (http://www.autoblog.com/chevrolet/traverse) from Priority Chevrolet in Chesapeake, VA. The dealer's sales staff accidentally sold the SUV to Danny Sawyer for $5,600 less than they should have, and when Sawyer refused to sign a new, more expensive contract for the correct amount, the dealership called the local police alleging the buyer had stolen the vehicle. Law enforcement then picked Sawyer up and held him for four hours before getting the situation straight.

Dennis Ellmer, president of Priority Chevrolet, says he owes Sawyer an apology on behalf of the dealership, and had intended to do right by the buyer by letting him have the vehicle at the agreed-upon price. But Sawyer's lawyer says it's a little too late for saying, 'sorry.' The briefly-incarcerated owner has filed two lawsuits against the dealer, accusing the business of malicious prosecution, slander, defamation and abuse of process. All told, the suits seek a total of $2.2 million in damages, plus attorney fees.

That $5,600 seems awfully cheap now.

The lawsuit says Sawyer originally purchased a blue Traverse on May 7, but took the SUV back the next day for a black one. The dealer's sales manager made the swap, allegedly without saying anything about a price differential between the two. Either way, Sawyer signed a final contract for around $34,000 when the vehicle he took home had an actual price of closer to $39,000. On June 15, Sawyer was taken into custody by police, but the Commonwealth dropped the charges after finding insufficient evidence to pursue the case.Chevy dealer sells car for wrong price, apologizes after having buyer arrested (http://www.autoblog.com/2012/10/02/chevy-dealer-sells-car-for-wrong-price-apologizes-after-having/) originally appeared on Autoblog (http://www.autoblog.com) on Tue, 02 Oct 2012 19:14:00 EST. Please see our terms for use of feeds (http://www.weblogsinc.com/feed-terms/).


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[Damian]

Easy money.

[Vettezuki]

The dealer fucked up pretty bad twice. But the customer is being a bit greedy about it now.

[Damian]

Everyone wants to make a quick and easy buck.

[Shaolin Crane]

The dealer fucked up pretty bad twice. But the customer is being a bit greedy about it now.

Nah. Its fucking stressful as it is being stopped by police. Much less being arrested, hauled back to a station, finger printed, photographed and help in a cell until "someone" works out the situation. He will still need to explain for the rest of his life why he was arrested for GTA wether convicted or a mix up. Its still there, finger prints and booking photo are still there too. I hope he wins cause i'd be pissed too.

[Vettezuki]

Nah. Its fucking stressful as it is being stopped by police. Much less being arrested, hauled back to a station, finger printed, photographed and help in a cell until "someone" works out the situation. He will still need to explain for the rest of his life why he was arrested for GTA wether convicted or a mix up. Its still there, finger prints and booking photo are still there too. I hope he wins cause i'd be pissed too.

He was arrested on a false charge. 1) the dealer should be in fairly deep shit for making the false claim of theft 2) it can be fully expunged from his permanent record and never show up on any background check, cuz False charge!

[Shaolin Crane]

He was arrested on a false charge. 1) the dealer should be in fairly deep shit for making the false claim of theft 2) it can be fully expunged from his permanent record and never show up on any background check, cuz False charge!

Not true, i had my record expunged. And guess what? An agency can still see it, anyone can. It shows that certain items were expunged, which means dick. Same thing for me of the false charge, charges were dropped and it's still on my record after my expungement. He deserves it, and I hope he wins.

[BADDASSC6]

I agree with Guy. I went down this road in 2005 and I am still paying a price for it.

I don't feel he is being greedy at all. I think dealers regularly take advantage of customers. 2.2 million is a lot of money even for a dealership. That is the point though. They did something intentionally wrong. These are not children. I promise that they sat there and threatened the buyer with going to jail. They lied to the authorities. I'm surprised the Police haven't gone back and arrested the General Manager.

[Vettezuki]

Dealers take advantage of customers precisely to the extent customers don't advocate their own interests. I'm not saying they aren't a bit slimey or tricky sometimes, but caveat emptor is still in effect. Anyway, that's not the issue here and isn't a relevant claim. It's not like cosmic justice for the times people got raked over the coals.

An expunged record means judicially erased. There maybe have been a failure to erase a record, and there may be time lapses between issuance and completion across all agencies, but expunged means gone legally. Period. Otherwise it would be an irrelevant concept. That's why people who have their records expunged run a pre-check BEFORE applying for a job where it will be checked, etc. Confirm.Confirm.Confirm.

But I am surprised the popo didn't go back to the person who made the false allegation. That's a serious nono.

If it makes you feel better he'll probably get the claim (minus the who knows how much attorney's fee). This is America. And if there's one thing we're good at other than spending money we don't have and blowing shit up, it's suing the shit out of each other and winning major "awards."

[BADDASSC6]

Ben,
Your previous post said nothing. You don't agree, but dealerships do take advantage of people (false arrest is pretty slimey). He will probably get paid. Blah blah, fancy words, blah.
CNJ

[Vettezuki]

Ben,
Your previous post said nothing. You don't agree, but dealerships do take advantage of people (false arrest is pretty slimey). He will probably get paid. Blah blah, fancy words, blah.
CNJ


Let me write it in crayon then.

Buyers are responsible for protecting their interests. Dealers can't get ANYTHING a buyer doesn't agree to.

That dealers in some cases use aggressive (a.k.a., slimey) negotiating tactics is 100% irrelevant to the case here.

A false claim of arrest is criminal.

An expunged record means gone. Period.

I'm surprised the cops didn't go after the person making the false claim of theft.

I think it's an unreasonable claim for compensation, but wouldn't be surprised if he got it.

Simple enough?

[Shaolin Crane]

Dealers take advantage of customers precisely to the extent customers don't advocate their own interests. I'm not saying they aren't a bit slimey or tricky sometimes, but caveat emptor is still in effect. Anyway, that's not the issue here and isn't a relevant claim. It's not like cosmic justice for the times people got raked over the coals.

An expunged record means judicially erased. There maybe have been a failure to erase a record, and there may be time lapses between issuance and completion across all agencies, but expunged means gone legally. Period. Otherwise it would be an irrelevant concept. That's why people who have their records expunged run a pre-check BEFORE applying for a job where it will be checked, etc. Confirm.Confirm.Confirm.

But I am surprised the popo didn't go back to the person who made the false allegation. That's a serious nono.

If it makes you feel better he'll probably get the claim (minus the who knows how much attorney's fee). This is America. And if there's one thing we're good at other than spending money we don't have and blowing shit up, it's suing the shit out of each other and winning major "awards."
No it doesnt, I was 14 and went through 18 months of the most stringent probabtion possible, we're talking DAILY check ups, a required 3.5 GPA minimum no outside social life to and from school and was checked on every day randomly. At school and at home. Once I was done it was expunged and anything else was sealed when I turned 18, right? Wrong. When I applied for the departments it came up immediately. Last night my buddy and I got stopped for a burned out license plate light, that have these fancy new instant thumb print scanners and guess what? My booking photo and my arrest date showed up on the screen with an expungment tag next to it. Which means, it's gone but we can see what was removed. We checked a dozen times but it never goes away, ever. The best way of keeping something off your record is not being charged in the first place. This was just the first time, it happened again and they both show up, falsely accused, no conviction but it's not going away.

It may have been "removed" but it shows as
GTA Expundged
Etc expunged

Tell me that's not decimating if someone checks on you, you still have to explain why you were in that situation and what the outcome and stipulations were. I know, I still deal with it to this day. And there's nothing I can do because it already shows it was "expunged"

[Vettezuki]

No it doesnt, I was 14 and went through 18 months of the most stringent probabtion possible, we're talking DAILY check ups, a required 3.5 GPA minimum no outside social life to and from school and was checked on every day randomly. At school and at home. Once I was done it was expunged and anything else was sealed when I turned 18, right? Wrong. When I applied for the departments it came up immediately. Last night my buddy and I got stopped for a burned out license plate light, that have these fancy new instant thumb print scanners and guess what? My booking photo and my arrest date showed up on the screen with an expungment tag next to it. Which means, it's gone but we can see what was removed. We checked a dozen times but it never goes away, ever. The best way of keeping something off your record is not being charged in the first place. This was just the first time, it happened again and they both show up, falsely accused, no conviction but it's not going away.

It may have been "removed" but it shows as
GTA Expundged
Etc expunged

Tell me that's not decimating if someone checks on you, you still have to explain why you were in that situation and what the outcome and stipulations were. I know, I still deal with it to this day. And there's nothing I can do because it already shows it was "expunged"


Sounds like you're screwed in California in the case of applying to LE.

Q: What is expungement?

A: The terms "expungement" and "sealing" are often used interchangeably, but there are some differences. "Sealing" is when criminal records are hidden from the general public. "Expunging" a criminal record means the record is completely destroyed. It's as if the crime never happened.

Each state has its own definition of expungement, based on different rules and laws. Some states may not use the term "expungement," but rather use terms like "expunction," "removal," or "destruction" of criminal records. And even if the term "expungement" is used, the records may not completely "disappear" and may still be available to law enforcement.

Check the laws of your state to see if and when expungement is available and what happens to your criminal records. If you have any questions, talk to an experienced criminal law attorney.


Have you ever talked to an attorney who knows his head from a hole in the ground about this in your specific case?

Did you check with a standard background check or have someone in government check for you? The point of expunging a record is that a prior record cannot be used as grounds for not hiring/leasing/lending, etc. . . . at least in the private sector. (In some states you can even expunge a conviction with time served after a certain period.)

If they have an erased record that's just marked as expunged that government uses internally, I don't know. If so sounds like one more reason to have as little to do with them as humanly possible. :)

For reference: http://criminal.lawyers.com/expungements/Criminal-Law--Expungement-FAQ.html

[Vettezuki]

Guy, maybe you can get enkeivette to help you when he passes the BAR. The following appears to be the specific Penal Code in California.

Sealing juvenile records
Cal. Pen. Code §§ 1203.45 and 851.7

Expungement of arrest record when accused was never charged or tried
Cal. Pen. § 851.8

But it may not help in the case of applying to LE in CA. I simply don't know.

[Shaolin Crane]

It doesn't, agencies can see EVERYTHING that's EVER been on your record, which means if they can, anyone can. It doesn't ever go away, it just means you don't HAVE to disclose it in certain situations. As for me, it will always be there, no matter what I do. Same goes for the dude in question of the post. We don't know him or his life style but you can bet your ass I would be pissed and pretty shook up if I bought a vehicle, paid for it, then was arrested and booked because they were dicey pieces of shit. The 2.2 million is a large enough sum to realize they fucked up badly and it needs to sting for them to realize the gravity. Like you said it's lucky no one is in prison for what they did.

[Shaolin Crane]

Sounds like you're screwed in California in the case of applying to LE.




Have you ever talked to an attorney who knows his head from a hole in the ground about this in your specific case?

Did you check with a standard background check or have someone in government check for you? The point of expunging a record is that a prior record cannot be used as grounds for not hiring/leasing/lending, etc. . . . at least in the private sector. (In some states you can even expunge a conviction with time served after a certain period.)

If they have an erased record that's just marked as expunged that government uses internally, I don't know. If so sounds like one more reason to have as little to do with them as humanly possible. :)

For reference: http://criminal.lawyers.com/expungements/Criminal-Law--Expungement-FAQ.html

I've talked to a few attorneys, there's nothing I can do, every time I apply to any government agency, L.E. or even city jobs, it shows up. It wont show up on lending or a standard background check but it's still there, which means its the same for this dude too. I hope he gets the full 2.2 plus attorney fees.

[Vettezuki]

. . .It doesn't, agencies can see EVERYTHING that's EVER been on your record, which means if they can, anyone can.


It wont show up on lending or a standard background check but it's still there. .

That's my point. I didn't know there were still bread crumbs of a record that government might use, but NOT in the private sector standard background checks. Kinda the point of expunging records is so that you're not unduly stigmatized in society. I'm sorry you have to deal with that, but applying to anything from government is about the furthest thing from my mind possible so I didn't even consider it.

[Shaolin Crane]

That's my point. I didn't know there were still bread crumbs of a record that government might use, but NOT in the private sector standard background checks. Kinda the point of expunging records is so that you're not unduly stigmatized in society. I'm sorry you have to deal with that, but applying to anything from government is about the furthest thing from my mind possible so I didn't even consider it.

We have lots of government contracts that require classified clearance, we can't obtain yearly classification passes because of what I was accused of when I was younger and my dad cant because he was married to the person that fucked me over and she herself was the one convicted of stuff. Not him.

We don't know him but he deserves the money. This shit doesn't go away, ever.

[Vettezuki]

We have lots of government contracts that require classified clearance, we can't obtain yearly classification passes because of what I was accused of when I was younger and my dad cant because he was married to the person that fucked me over and she herself was the one convicted of stuff. Not him.

Sounds like a staggeringly idiotic system. At least you can still get the work.

We don't know him but he deserves the money. This shit doesn't go away, ever.

That's a bit of a stretch. I'm curious where the 2 million figure came from. Sounds pretty amazingly arbitrary.

Anyway, I stand by most of what I said. But I stand corrected that records (at least in CA) are not fully destroyed and can apparently be used as grounds in seeking employment or contracts with the government. Sorry for your trouble, but never gonna be a problem for me. :)

[Shaolin Crane]

Aren't you a sound engineer of sorts? Would you turn down the work if the government approached you for contracting?

Look at it this way, he was likely arrested at his own home, in front of his family, friends and neighbors. Was booked and held in a cell like every other criminal there. It's infuriating to anyone and he deserves a payout for it, whether the 2.2m is a proper sum or not the dealer needs to feel it bad. If they did some slimey shit like this what other stuff have they done and not blinked an eye at?

Also look at how the game usually works, no on wants to go to trial and the higher the initial suit amount the higher the pre-court settlement will be. I'd guess in the 1-1.2m range. Which is not out of the question for the situation.

[Vettezuki]

Aren't you a sound engineer of sorts? Would you turn down the work if the government approached you for contracting?

Yes. I'm hardcore about it.

Look at it this way, he was likely arrested at his own home, in front of his family, friends and neighbors. Was booked and held in a cell like every other criminal there. It's infuriating to anyone and he deserves a payout for it, whether the 2.2m is a proper sum or not the dealer needs to feel it bad. If they did some slimey shit like this what other stuff have they done and not blinked an eye at?


I understand the sentiment. But the law only deals with what's in front of it, not the "might also have done". It's an important point. So the question is a matter of what is just compensation. I don't know. My initial thoughts were something like a combination of

- public apology, like on front page of dealer website for some term (that's potentially a big fucking cost in lost sales for sure)
- direct apology
- notarized letter to employer stating it was their fuckup, not his, that could be kept on record and used whenever it comes up for him in the future
- free car
- some small multiple of car value in cash for trouble (listen people sometimes spend decades in prison on faulty prosecutions and the state gives them precisely dick, which I regard as INFINITELY worse)
- suspension without pay or termination of persons involved in making false accusation
- prosecution of those persons for making false accusations

This is in line with what I'd seek. My interest in law is justice and restoration to the greatest extent possible, and just looking for jackpot paydays ain't that IMO. Moreover, nobody was killed or even hurt. And the reputation issues can be dealt with reasonably I think.


Also look at how the game usually works, no on wants to go to trial and the higher the initial suit amount the higher the pre-court settlement will be. I'd guess in the 1-1.2m range. Which is not out of the question for the situation.

Yes. That's probably the game they're playing. "Settle for undisclosed amount." Probably stipulate no talking about the settlement, etc. Meanwhile, the persons involved in actually doing wrong may not suffer hardly any consequences and even the dealer skate more or less under the radar.

I will say ultimately, that whatever the person and the dealer work out as a resolution outside of court is their business, not mine or anybody else's. If they want to pay him a million bucks for him to keep his mouth shut and he agrees then so be it.

[Shaolin Crane]

Maybe it's the german in me but its not a matter of the money so much as making them hurt. I'm pretty spiteful and i'd be looking to make absolutely sure they remember me and their fuckup.

[BADDASSC6]

You two should fuck.:ugh:

[Vettezuki]

You two should fuck.:ugh:

I prefer Latinos . . . Carlos. So easily . . ignited. :sm_laughing: