Costigan & Wollrab PC

Revdex.com [redacted]
[redacted]Hello [redacted]: I would like to tell you about what really happened between Metro Motors and [redacted]. On Monday Jan. 16th in the evening customer came to dealership to see our 2005 infiniti FX 35 Sport...

Utility. He said he had been looking for a very clean one, and had not had much success. He looked the Infiniti over very closely, and drove it on a long test drive and when he returned he said I definitely want the Infiniti. He said I will give you a deposit of $1,000 so it does not get sold. Linda, my wife was writing up the contract and receipting him for his deposit. He did say his credit was a little below average score curve of the credit rating numbers, and said if we could not get him financed is the deposit refundable. Linda told him if in fact we could not secure any financing thru our sources, that it would be refundable, but otherwise it is a Firm Deposit. [redacted] said OK and signed a sales contract with the notation that this was a Non Refundable Deposit otherwise. He agreed and put the $1,000 money down and was given a copy. The next morning we got a fax from the bank saying they can approve the loan, but would require more of a down payment from the $1,000. Linda called him to tell him the banks counter offer, and he said "no problem" my friend will lend me the additional money. He asked is the Infiniti ready, and we told him we had to install a gasket, and have it state inspected, and we can deliver it Wednesday morning to him, and he said asap please! Mid afternoon a customer that was in earlier Monday afternoon liked the vehicle but said it was a little more that he wanted to spend for his daughter, and would see if he could increase his loan amount. Mid afternoon Tuesday the other customer showed up and said he got additional money, and pulled out his check book and said he was here to take it with him. We told him it was sold, but just making sure Linda called [redacted] and said that another customer was here to buy the Infiniti, and are you 100% sure you are buying the vehicle. He told her yes, I definitely want it, and she told the customer sorry it is definitely a sold vehicle! All the finance, state papers were made out and waiting till Wednesday morning delivery.I was in the shop late Tuesday evening with the mechanic and [redacted] called and said "I can't buy the Infiniti because my friend won't give me the money! I told him that was a problem because we struggled with the bank to get an approval, and Linda called in the afternoon to make sure everything was still on for sure with the sale. He said well, I will stop in to talk to you. I did have the number for the other customer, and I called him the next day, and he said they had purchased another vehicle, and was very disappointed that it was not our Infiniti because that was his first choice.We don't have sales people, and we don't take deposits unless the customer is sure they want the vehicle, and it is explained that the deposits are non-refundable.[redacted] stopped in Wednesday evening and was demanding his deposit back! We told him that we did get him financing, and we even followed up after that with a call to make sure he was buying the vehicle because the other customer came in and was ready to buy it. The other customer even said "if I give you a couple of hundred more now will you sell it to me"? We told him that it was sold, and we would not do that to a customer who had a deposit on a vehicle. He said he wanted his money refunded, and he had no problem going to [redacted] Infiniti and buying a newer Infiniti! That really made me upset, and he parked the car he had purchased from [redacted] in the business next to us so I guess we would not see it![redacted]l said I can buy a vehicle where ever I want, and was getting very loud and demanding. I got up and said I'm not dealing with this aggravation, I am giving you back half of your deposit, and we are not in business to play mind games. He agreed and left with the check. About an hour later a guy called and said he was a friend and why are we keeping some of his deposit. I tried to explain everything to him, but he was yelling and threatening to come down and "mess us up"! I hung up the phone, and he called back three times and kept making terroristic threats on the phone. I called the police the next morning because I could not reach them that evening and explained the threats, and gave him the phone number of the guy. He said If he calls again or shows up you call me immediately!We were very upfront with [redacted], and put on the contract that it was a Firm Deposit that he signed and knew exactly the terms. We double checked with him when the other customer show up and he assured us it was a done deal, little did we know he was still car shopping while this was going on.We had other calls on the Infiniti in the mean time and we told them sorry it is Sold! We are fair with our customers, and this was just not right for him to be shopping for cars, while we were holding the vehicle in good faith, and did secure financing for him.I will include a copy of the contract between Metro Motors and [redacted]. Let me know if you have any other questions. Robert S[redacted]Metro Motors Inc.[redacted]