Dealer sold my reserved Brabus Smart - Smart Car of America Forums : Smart Car Forum

Goldstar · 08-12-2009, 12:40 PM

I waited 10 months +. Now, they told me the car arrived but they sold it to someone else. This only got disclosed after several phone calls, no one actively informed me. My $99 were taken, I was waiting in the dark. Am I backed by any consumer rights/law? Was that reservation confirmation an indication of a (legal) contract between me and SmartUSA?

A suggestion to reservation holders, if there is still any? Phone your assigned dealership (often) after you got the 90 day email, be active (or aggressive, whatever you choose to call it) if you don't want to go through the frustration I am going through: calling-waiting-explaining the situation-waiting for returned calls which seldom came - calling again - ....

smarticus · 08-12-2009, 12:43 PM

Call smart's home office, talk to Dave S. and raise some hell. I bet they will try to fix it quickly.

Goldstar · 08-12-2009, 12:51 PM

I called the 800 number and only got to talk with a supervisor. I made another call to the dealership and asked to talk with the manager. In the returned call, the manager told me they now are using expedite service to send a replacement from the port. I don't want anyone to lose their job or whatever, but I am totally unhappy that I had to take things in my hand to find out what happened. If only someone from the dealership called me earlier, informed me of their mistake, made honest effort to compensate for it, I would not feel as offended.

forestacademy · 08-12-2009, 01:00 PM

Quote:

Originally Posted by Goldstar

I waited 10 months +. Now, they told me the car arrived but they sold it to someone else. This only got disclosed after several phone calls, no one actively informed me. My $99 were taken, I was waiting in the dark. Am I backed by any consumer rights/law? Was that reservation confirmation an indication of a (legal) contract between me and SmartUSA?

A suggestion to reservation holders, if there is still any? Phone your assigned dealership (often) after you got the 90 day email, be active (or aggressive, whatever you choose to call it) if you don't want to go through the frustration I am going through: calling-waiting-explaining the situation-waiting for returned calls which seldom came - calling again - ....

For most of us old timers who waited, we were on our dealers like glue. That car was not going to be an orphan.

Current folks willing to wait for their custom made car are becomming rare and should be treaded better.

No need to get into any consumer rights laws. Their are ways to deal with this. Your dealer should be working with you to find a duplicate replacement ASAP.

If you don't feel they are working in your best in mind go here
Dave's contact info

Big Panda · 08-12-2009, 01:05 PM

Quote:

Originally Posted by Goldstar

I waited 10 months +. Now, they told me the car arrived but they sold it to someone else. This only got disclosed after several phone calls, no one actively informed me. My $99 were taken, I was waiting in the dark. Am I backed by any consumer rights/law? Was that reservation confirmation an indication of a (legal) contract between me and SmartUSA?

A suggestion to reservation holders, if there is still any? Phone your assigned dealership (often) after you got the 90 day email, be active (or aggressive, whatever you choose to call it) if you don't want to go through the frustration I am going through: calling-waiting-explaining the situation-waiting for returned calls which seldom came - calling again - ....

Far from it that I be a smart a$$, but I believe if you read your 'agreement' when you put your $99 down, it was NOT a "guarantee" nor a 'legal contract', since neither you nor a smart representative actually SIGNED it.

Read your agreement again and when you do, I think you will find that while what they did wasn't right, you probably don't have a legal leg to stand on should you take them to court.

I recommend that, if you haven't already done so, you work with them to see if they can locate one with the colors and options you want and maybe, since many smart centers have large inventories at this time, they can work out a 'dealer trade' with another center and get your car for you that way.

If they refuse and you really want a smart, then I suggest you try the next closest smart center. As I said, most smart centers have many in stock to chose from.

Good luck!

Big Panda · 08-12-2009, 01:27 PM

Quote:

Originally Posted by Goldstar

I don't want anyone to lose their job or whatever, but I am totally unhappy that I had to take things in my hand to find out what happened. If only someone from the dealership called me earlier, informed me of their mistake, made honest effort to compensate for it, I would not feel as offended.

OK, so you just want to '*****', is that right? You're certainly entitled to do so. I suppose I would ask what their procedure is for contacting the person that had 'configured' a car that has arrived at their center and how many attempts they make to contact their potential customer. Then find out if their procedure was followed OR if someone just walked in and said "I want THAT one" and they said 'ok'........

Goldstar · 08-12-2009, 01:46 PM

I posted here because I thought this would be an interesting story to the forum. Also, I had exhausted the only 2 resources (the 800 no. and the dealership contact info) that I had to resolve the issue. I know some of you definitely know more, like now, I have "Dave's contact".

**jwight** · 08-12-2009, 01:48 PM

Just my .02, but you do want someone to lose their job or as close as you can get. Forget the fine print about contracts - that was your car from the get go. If the dealer wanted to sell it you had first refusal rights. Don't bother with the 800 number - go VFR direct to Dave Schembri and complain long and loud. He's a good guy and will take care of you, but the point is he shouldn't have to - the dealer screwed this up by the numbers and somebody should suffer for it (and that's not you.)

Wouldn't hurt to mention this is on SCOA now and people are waiting to see how it's resolved.