Initial Business Response /* (1000, 5, 2015/08/18) */
Contact Name and Title: Monica [redacted] Corp Counsel
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@senkhrc.com
On Wednesday July 29, 2015 John [redacted] sales person at Kelley Automotive Group, agreed to hold a used Corvette for Mr. [redacted]...
for 24 hours. He informed Mr. [redacted] that he would secure a loan for the vehicle within the 24 hour period. Mr. [redacted] left his credit card number with Mr. [redacted] Mr. [redacted] did not run the card. Mr. [redacted] was never charged a $100 deposit.
On July 30, 2015 Mr. [redacted] contacted Michelle [redacted] a phone sales representative for the Kelley Group, when he was unable to reach Mr. [redacted] via telephone. He explained he was trying to get John to "wrap up deal." Ms. [redacted] explained that she could try to get him a better rate and instructed him to fill out the credit application online to initiate the process. Her conversation with Mr. [redacted] ended at that. The rate generated by the credit application was not better than the rate Mr. [redacted] had been quoted by his chosen institution. Ms. [redacted] did not discuss holding the vehicle for MR. [redacted], nor is it within her job duties or description to do so. She solely handles telephone and internet matters.
On Friday July 31, well after his 24 hour hold had expired, Mr. [redacted] spoke with Mr. [redacted] via telephone and email. Mr. [redacted] asked Mr. [redacted] to price a new 2015 Corvette for him, versus the used one they had previously discussed. (see attached email conversation) Mr. [redacted] also continued to discuss the price of the used vehicle with [redacted], in an attempt to renegotiate a better price. Mr. [redacted] informed Mr. [redacted] on July 31 that 3 other people had been trying to sell the used Corvette and that it had been sold to someone else. The sale of the used Corvette at issue was July 31, 2015 and the delivery of the vehicle to its owner was August 1, 2015.
In a subsequent conversation with the Vice-President of Sales and General Manager of Kelley Chevrolet, Mr. [redacted] stated that he realizes now that he should have committed to purchase the vehicle on Wednesday July, 29th.
The proper way to secure a vehicle at the Kelley Automotive Group is to agree on a price, sign a commitment to purchase document and place a down payment on the vehicle. Mr. [redacted] should not have agreed to hold the Corvette for Mr. [redacted]. Such "holds" are against Kelley policy and practice. However, in this case Kelley Automotive did hold the vehicle for the agreed upon 24 hours. Mr. [redacted] continued to negotiate not only on the price of the used Corvette, but also sought out purchase information on a new Corvette. There was no agreement to hold the vehicle beyond the 24 hour period, and Mr. [redacted] can point to no such agreement. Furthermore, his interest in a new vehicle and continued attempts to negotiate the price on the used vehicle indicate that no agreement was ever reached for the purchase of any vehicle.
Kelley Automotive continues to work with Mr. [redacted] to find him the vehicle he desires. We do hope this relationship continues. It is unfortunate that he didn't purchase the vehicle at issue. However, Kelley Automotive has in no way breached any agreement for the sale of that vehicle. All sales individuals have been reminded that NO holds are to be placed on any vehicles, as has always been the proper policy.
OFFER:
Initial Consumer Rebuttal /* (3000, 8, 2015/08/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
In Kelley Automotive Group's (KAG) response, they state that salesperson Michelle [redacted] did not discuss holding the car for me "Ms. [redacted] explained that she could try to get him a better rate and instructed him to fill out the credit application online to initiate the process. Her conversation with Mr. [redacted] ended at that." This is an error, as I pointedly discussed the hold with Ms. [redacted]. I told her that Mr. [redacted] said my deposit was only good for 24 hours and I was concerned about holding the car while they tried to get a better finance rate. She stated they were very busy due to the end of the month and they need time to try and process my credit application. Further, Ms. [redacted] told me that it would probably be the next day before they would have the results of the credit inquiry, so I pointed out what Mr. [redacted] had told me and Ms. [redacted] assured me the car would be held for me. KAG states it's not within the sales persons authority to hold a vehicle by deposit over the phone, but both salespersons assured me the car was held, and therefore acted outside their scope. I as the customer have no way of knowing the internal policy of KAG and acted in good faith on my part, there is no statement of policy on their website.
KAG also stated in their response, "Mr. [redacted] informed Mr. [redacted] on July 31 that 3 other people had been trying to sell the used Corvette and that it had been sold to someone else." I told Mr. [redacted] that I wanted the car on the morning of the 31st, I was informed at 5:30 EST the car was sold. Yes, I did try to see if they could drop the price a little more, but once he said they would not since there was other interested parties, I told him directly that I would purchase the car at the asking price.
KAG further stated in the response, "In a subsequent conversation with the Vice-President of Sales and General Manager of Kelley Chevrolet, Mr. [redacted] stated that he realizes now that he should have committed to purchase the vehicle on Wednesday July, 29th." In the conversation I had with Vice President Brian [redacted] he explained their policy and that the Mr. [redacted] should not have agreed to accept a deposit. I told Mr. [redacted] that had Mr. [redacted] told me the policy, not accepted my deposit (thus making me think I had time to arrange financing), then I would have completed the deal immediately after I had secured the financing with USAA on the evening of July 29th. Therefore KAG's above statement misconstrues the conversation and what I stated during the phone call.
I find it difficult to believe KAG does not feel a potential customer has a right to try and negotiate a better price for a vehicle they have for sale. As for my inquiry regarding a new corvette, I did discuss with Mr. [redacted] what might be the price difference between a less equipped new model versus a fully equipped used model, but quickly determined that Mr. [redacted] points regarding the used vehicle were valid and agreed the used corvette (that I had placed the deposit upon) was the better way to go. That is why I told Mr. [redacted] I would agree to the asking price and purchase the car. It is true I cannot point to an agreement because it was verbal over the phone with Mr. [redacted] (and Ms. [redacted] KAG concedes earlier in their response that Mr. [redacted] did agree to accept my credit card number and place a deposit on the car. They neglect to mention that Ms. [redacted] reiterated on the evening of July 30th that the hold would be honored to give the dealership time to try and get a better finance rate for me.
I am not trying to say that KAG broke a written agreement, but rather a verbal one. There is no way for a customer to know what is the internal policy of KAG since it is not stated on their website anywhere. When two different agents of KAG tell me that the car was held for me, how am I to know they have in fact misled me and acted outside the scope of KAG policy. I am familiar with the phrase "Caveat Emptor", but I feel the verbal contract should have been honored and if KAG cannot do so, they should cease to do business over the phone or internet since the only promises they feel they need keep must be in writing.
Vice President [redacted] did state in our telephone conversation that he would try and find another car or explore what the best possible deal he could get me on a new one would be. But I have not received any further communication from Mr. Lytle since approximately August 6th, two weeks; so I have assumed they are no longer concerned with addressing the issue and are now only trying to do what they can to mitigate the damage to their reputation via Revdex.com.org. I did receive a phone call from Kennisha with General Motors Corporation on August 10th regarding the compliant I filled with GM. She assured me that someone would be contacting me from KAG within two days, but that never occurred.
Since KAG has made no further offer or attempt, to rectify the breaking of a verbal contract, I can only conclude they have no desire to do so. Therefore I cannot accept their response (or lack thereof) as a satisfactory resolution of my complaint, so the complaint stands.
Final Business Response /* (4000, 10, 2015/09/03) */
Contact Name and Title: Monica [redacted] Corp Counsel
Kelley Automotive understands Mr. [redacted]'s frustrations. However, the fact that there was ongoing negotiation between Mr. [redacted] and Kelley Automotive, well beyond the 24 hour hold time, indicates that there NEVER was an agreement reached to purchase the vehicle. Furthermore, Kelley Automotive has taken steps for this situation to be avoided in the future by engaging in reminder training for all sales staff that it is strictly against policy to hold a vehicle for a customer without a signed agreement to purchase. Mr. [redacted] has brought the issue to the company's attention and it has been rectified. Beyond that action, [redacted] Automotive is unsure as to what it can do. Mr. [redacted] has not been harmed in any way and has not been charged any money. Kelley Automotive regrets that they did not come to terms with Mr. [redacted] for the purchase of the used Corvette. Nevertheless, that vehicle has been sold and cannot be made available for purchase.
OFFER:
Final Consumer Response /* (2000, 13, 2015/09/04) */
At this point I will accept written apologies from Mr. John [redacted] and Ms. Michele [redacted]. Mr. [redacted] accepted my credit card number and told me I had a valid deposit on the vehicle on July 29th and Ms. [redacted] told me on the evening of July 30th that my deposit was still valid despite the expiration of the 24 hour period Mr. [redacted] stated. If they had followed policy and told me what was required of me to complete the purchase instead of telling me I had time to secure financing, this situation would not have occured. The written apologies from Mr. [redacted] and Ms. [redacted], along with KAG's assurance that it will not occur again (which has already been given) will satisfy me at this point and close the dispute.
Initial Business Response /* (1000, 5, 2015/08/18) */
Contact Name and Title: Monica [redacted] Corp Counsel
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@senkhrc.com
On Wednesday July 29, 2015 John [redacted] sales person at Kelley Automotive Group, agreed to hold a used Corvette for Mr. [redacted]...
for 24 hours. He informed Mr. [redacted] that he would secure a loan for the vehicle within the 24 hour period. Mr. [redacted] left his credit card number with Mr. [redacted] Mr. [redacted] did not run the card. Mr. [redacted] was never charged a $100 deposit.
On July 30, 2015 Mr. [redacted] contacted Michelle [redacted] a phone sales representative for the Kelley Group, when he was unable to reach Mr. [redacted] via telephone. He explained he was trying to get John to "wrap up deal." Ms. [redacted] explained that she could try to get him a better rate and instructed him to fill out the credit application online to initiate the process. Her conversation with Mr. [redacted] ended at that. The rate generated by the credit application was not better than the rate Mr. [redacted] had been quoted by his chosen institution. Ms. [redacted] did not discuss holding the vehicle for MR. [redacted], nor is it within her job duties or description to do so. She solely handles telephone and internet matters.
On Friday July 31, well after his 24 hour hold had expired, Mr. [redacted] spoke with Mr. [redacted] via telephone and email. Mr. [redacted] asked Mr. [redacted] to price a new 2015 Corvette for him, versus the used one they had previously discussed. (see attached email conversation) Mr. [redacted] also continued to discuss the price of the used vehicle with [redacted], in an attempt to renegotiate a better price. Mr. [redacted] informed Mr. [redacted] on July 31 that 3 other people had been trying to sell the used Corvette and that it had been sold to someone else. The sale of the used Corvette at issue was July 31, 2015 and the delivery of the vehicle to its owner was August 1, 2015.
In a subsequent conversation with the Vice-President of Sales and General Manager of Kelley Chevrolet, Mr. [redacted] stated that he realizes now that he should have committed to purchase the vehicle on Wednesday July, 29th.
The proper way to secure a vehicle at the Kelley Automotive Group is to agree on a price, sign a commitment to purchase document and place a down payment on the vehicle. Mr. [redacted] should not have agreed to hold the Corvette for Mr. [redacted]. Such "holds" are against Kelley policy and practice. However, in this case Kelley Automotive did hold the vehicle for the agreed upon 24 hours. Mr. [redacted] continued to negotiate not only on the price of the used Corvette, but also sought out purchase information on a new Corvette. There was no agreement to hold the vehicle beyond the 24 hour period, and Mr. [redacted] can point to no such agreement. Furthermore, his interest in a new vehicle and continued attempts to negotiate the price on the used vehicle indicate that no agreement was ever reached for the purchase of any vehicle.
Kelley Automotive continues to work with Mr. [redacted] to find him the vehicle he desires. We do hope this relationship continues. It is unfortunate that he didn't purchase the vehicle at issue. However, Kelley Automotive has in no way breached any agreement for the sale of that vehicle. All sales individuals have been reminded that NO holds are to be placed on any vehicles, as has always been the proper policy.
OFFER:
Initial Consumer Rebuttal /* (3000, 8, 2015/08/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
In Kelley Automotive Group's (KAG) response, they state that salesperson Michelle [redacted] did not discuss holding the car for me "Ms. [redacted] explained that she could try to get him a better rate and instructed him to fill out the credit application online to initiate the process. Her conversation with Mr. [redacted] ended at that." This is an error, as I pointedly discussed the hold with Ms. [redacted]. I told her that Mr. [redacted] said my deposit was only good for 24 hours and I was concerned about holding the car while they tried to get a better finance rate. She stated they were very busy due to the end of the month and they need time to try and process my credit application. Further, Ms. [redacted] told me that it would probably be the next day before they would have the results of the credit inquiry, so I pointed out what Mr. [redacted] had told me and Ms. [redacted] assured me the car would be held for me. KAG states it's not within the sales persons authority to hold a vehicle by deposit over the phone, but both salespersons assured me the car was held, and therefore acted outside their scope. I as the customer have no way of knowing the internal policy of KAG and acted in good faith on my part, there is no statement of policy on their website.
KAG also stated in their response, "Mr. [redacted] informed Mr. [redacted] on July 31 that 3 other people had been trying to sell the used Corvette and that it had been sold to someone else." I told Mr. [redacted] that I wanted the car on the morning of the 31st, I was informed at 5:30 EST the car was sold. Yes, I did try to see if they could drop the price a little more, but once he said they would not since there was other interested parties, I told him directly that I would purchase the car at the asking price.
KAG further stated in the response, "In a subsequent conversation with the Vice-President of Sales and General Manager of Kelley Chevrolet, Mr. [redacted] stated that he realizes now that he should have committed to purchase the vehicle on Wednesday July, 29th." In the conversation I had with Vice President Brian [redacted] he explained their policy and that the Mr. [redacted] should not have agreed to accept a deposit. I told Mr. [redacted] that had Mr. [redacted] told me the policy, not accepted my deposit (thus making me think I had time to arrange financing), then I would have completed the deal immediately after I had secured the financing with USAA on the evening of July 29th. Therefore KAG's above statement misconstrues the conversation and what I stated during the phone call.
I find it difficult to believe KAG does not feel a potential customer has a right to try and negotiate a better price for a vehicle they have for sale. As for my inquiry regarding a new corvette, I did discuss with Mr. [redacted] what might be the price difference between a less equipped new model versus a fully equipped used model, but quickly determined that Mr. [redacted] points regarding the used vehicle were valid and agreed the used corvette (that I had placed the deposit upon) was the better way to go. That is why I told Mr. [redacted] I would agree to the asking price and purchase the car. It is true I cannot point to an agreement because it was verbal over the phone with Mr. [redacted] (and Ms. [redacted] KAG concedes earlier in their response that Mr. [redacted] did agree to accept my credit card number and place a deposit on the car. They neglect to mention that Ms. [redacted] reiterated on the evening of July 30th that the hold would be honored to give the dealership time to try and get a better finance rate for me.
I am not trying to say that KAG broke a written agreement, but rather a verbal one. There is no way for a customer to know what is the internal policy of KAG since it is not stated on their website anywhere. When two different agents of KAG tell me that the car was held for me, how am I to know they have in fact misled me and acted outside the scope of KAG policy. I am familiar with the phrase "Caveat Emptor", but I feel the verbal contract should have been honored and if KAG cannot do so, they should cease to do business over the phone or internet since the only promises they feel they need keep must be in writing.
Vice President [redacted] did state in our telephone conversation that he would try and find another car or explore what the best possible deal he could get me on a new one would be. But I have not received any further communication from Mr. Lytle since approximately August 6th, two weeks; so I have assumed they are no longer concerned with addressing the issue and are now only trying to do what they can to mitigate the damage to their reputation via Revdex.com.org. I did receive a phone call from Kennisha with General Motors Corporation on August 10th regarding the compliant I filled with GM. She assured me that someone would be contacting me from KAG within two days, but that never occurred.
Since KAG has made no further offer or attempt, to rectify the breaking of a verbal contract, I can only conclude they have no desire to do so. Therefore I cannot accept their response (or lack thereof) as a satisfactory resolution of my complaint, so the complaint stands.
Final Business Response /* (4000, 10, 2015/09/03) */
Contact Name and Title: Monica [redacted] Corp Counsel
Kelley Automotive understands Mr. [redacted]'s frustrations. However, the fact that there was ongoing negotiation between Mr. [redacted] and Kelley Automotive, well beyond the 24 hour hold time, indicates that there NEVER was an agreement reached to purchase the vehicle. Furthermore, Kelley Automotive has taken steps for this situation to be avoided in the future by engaging in reminder training for all sales staff that it is strictly against policy to hold a vehicle for a customer without a signed agreement to purchase. Mr. [redacted] has brought the issue to the company's attention and it has been rectified. Beyond that action, [redacted] Automotive is unsure as to what it can do. Mr. [redacted] has not been harmed in any way and has not been charged any money. Kelley Automotive regrets that they did not come to terms with Mr. [redacted] for the purchase of the used Corvette. Nevertheless, that vehicle has been sold and cannot be made available for purchase.
OFFER:
Final Consumer Response /* (2000, 13, 2015/09/04) */
At this point I will accept written apologies from Mr. John [redacted] and Ms. Michele [redacted]. Mr. [redacted] accepted my credit card number and told me I had a valid deposit on the vehicle on July 29th and Ms. [redacted] told me on the evening of July 30th that my deposit was still valid despite the expiration of the 24 hour period Mr. [redacted] stated. If they had followed policy and told me what was required of me to complete the purchase instead of telling me I had time to secure financing, this situation would not have occured. The written apologies from Mr. [redacted] and Ms. [redacted], along with KAG's assurance that it will not occur again (which has already been given) will satisfy me at this point and close the dispute.