I am UNBELIEVABLY pee ohed!

[Eagle]

Yeah, yeah, y'all think I'm a crusty old curmudgeon but I'm really a softie. Except for what just happened, and I don't even know what I can do about it:

 

A couple of weeks ago I started thinking about picking up a used late-model Cherokee for my teen-age granddaughter (who will be coming to live with us soon) to drive. I wanted a late model because most of my heaps are standard, and for her I wanted both automatic and Selec-Trac. Plus the new ones have dual airbags, which is a big plus for a kid. I asked my dealer if they had any XJs on the lot, they said no.

 

Couple of days later I got a message on the machine from Suzanne, at some used car place up-state that I've never heard of. She said my dealer had referred my name to her, and they had a bunch of Cherokees. Including ... are you ready for this? ... a 2001 Cherokee Limited that was NEVER SOLD, with TEN miles on it.

 

So a week ago last Friday I went up to see what they had. I didn't like the used ones. They were rough, and higher mileage than what I was hoping for at the prices they were asking (average around $6,000 for XJs with obvious problems and between 155,000 and 175,000 miles on them). But the new one was perfect. It was more than I had thought about spending, but how often do you find a ten-year old NEW vehicle that's exactly what you're looking for?

 

My wife is away. I asked the sales lady if I had to act like NOW or if I had time to wait over the weekend to discuss with my wife. She said there were three other people interested, and whoever gave her money first would get it. Fair enough, I would have said the same (if there were indeed, three other people in the wings). So I handed her a check for $1,000 as a deposit and she wrote up a sales contract. I explained to her that I didn't have $22,000 in my checking account, so I would have to have my broker sell something to raise the money, which would take a few days, and then it would take three more days for that check to clear after I deposited it. So it would be about ten days before I could pick up the vehicle. "No problem, it'll be here." She also said she would hold my check until Monday to give me a chance to talk with my wife.

 

My wife said okay, so I called Suzanne on Monday (a week ago yesterday) and told her we were "Go," and to deposit the check. Fine. So I got the money, and I put it in the bank. Got home yesterday (Monday, a week after telling Suzanne to deposit my deposit) to find a message from Suzanne informing me that ... SHE SOLD MY CHEROKEE!

 

WTF? Does anyone work for a dealer? Is that even legal? Can I sue? Can I get the sale canceled by the Department of Motor Vehicles? I have encountered some shady dealings in my day, but this is so far over the top I get agitated even writing about it.

 

Damn, I am [bleep]ed!

[88pioneer]

:shake: , i swear people these days are ridiculous, you can't trust anyone for anything. I don't know much about the legal end, but i would go after her for anything i could. A lot of people don't think about principles, they just go the easiest route possible for themselves. People like that really piss me off :fs1:

[Geonovast]

If you established a sales contract, then I believe you have all kinds of fun ways to sue them around the block.

[jpdocdave]

you weren't really gonna pay 22 grand for an xj were you? maybe they did you a favor. lets just say the description is right, and its some how "new", a vehicle that has sat for 9 years is gonna have all sorts of problems come up quickly after its put into service. maybe for the normal price of a used xj it would be plausible. but as a mechanic, i would've advise against it anyway. 6 grand, ok fine. but 22, seriously??

 

and is this "new" status verified? carfax or whatever, how does an xj sit and not get sold or driven? it can't be good. sorry man, not trying to rag on it or anything, just my input.

[mjeff87]

I'm smelling a rat here.......how long has that dealership been sitting on that XJ? Most likely awhile, I'd imagine. Then they bait a customer (you) who gives them some hand money and signs a "contract" and mysteriously pulls it all out from under you. Hmmmm.

 

They're probably expecting you to raise a ruckus, at which point they'll up the ante to get you to pay more for it. I'd bet there was no sale made, nor three other parties interested in the vehicle.

 

I'd say get your deposit back and move along. It all just doesn't sound right to me as you described it.

 

Jeff

[jpdocdave]

i'm not trying to be a jag, i know you're a smart guy, and it sucks when things like this happen. `you did see the xj right? i've had scum bag dealers try to sell me a vehicle that i never saw, or the vehicle was getting detailed, or whatever. sounds like a scab dealership.

[-600JeepMJ]

check with local better business bureau. I bet they have a few bait and switch complaints on file for the company.

[Dave Stark]

Sorry that happened to you, i would say get your money back, cut your losses & walk away. Unless you want all the heartache of suing, legal fees, lawyers....

 

Some battles aren't worth fighting, even if you're right, even for the principle of it.

 

:USAflag:

[Eagle]

you weren't really gonna pay 22 grand for an xj were you?

Yes, I was. Yeah, I expect that the tires may have some dry rot and the battery won't live five years, but this was a NEW Cherokee Limited. I checked it over. It had not been driven. All window stickers were still in place. It is definitely worth $22,000.

[Philistine]

Man that sucks. I second contacting the BBB. Not sure what recourse you have. If there was a sales contract written up you would have legal standing. Did they deposit the check? That could also consitute a contract. Some states just a handshake can constitue a contract.

[jeepdoggydogB]

Sorry for your loss! I am not an attorney, but assuming you got the CARFAX and it showed no owners, it sounds like she may have violated the contract, but the issue would be around damages. What kind of dollar amount could you paint for a court that this unscrupulous person caused you? As for pain and suffering I think a fellow with the quote "self appointed President for life of the MJ Preservation Society" might get you something with the right jury. ;)

[Automan2164]

Sorry Eagle, I have to.

 

:needpics:

 

Rob L. :dunno:

[GreenF350]

Wow, this really beats the purpose of a " deposit " This same thing happened to a friend years ago on a used GMC Syclone. He put down a deposit, went back in the agreed amount of days and the truck was sold. He got his money back but I distinctly remember him saying that he had rights to pursue the issue further, but chose not to. He didnt want to have to come up w/ legal fees or something like that, and decided to just let it go. He did however, badmouth that dealer for as long as I can remember. Not sure if any of this will help you out, but your story sure triggered my memory. Damn CT car dealers!!! Also, Id be interested to know what dealer pulled this.....

[Wildman]

First question........Is there any dealer in the whole country that would sit on a unsold vehicle for 9 years????

 

That really sounds fishy :hmm:

 

And.......IF, that XJ sat there for 9 years, how come in the past 2 weeks, they have you, and 3 other buyers for the same vehicle :dunno:

 

That really sounds fishy :hmm: (again)

 

I'm sure your state has the "verbal contracts are binding" like NY has, and besides that, you have a "sales contract" with $$$ changing hands *even thought they did not deposit your check* for a reason.

 

Besides calling your friend the attorney, and asking about this, I would also contact the DMV and question them, and even ask about complaints about this dealer that they might have on record.

 

What jpdocdave posted, I'll agree with, I got a sweet deal in '92 on a '90 E250, the dealer was force to unload it because Ford Credit was on them about it (I knew the general Manager at the dealer) so I get this phone call one night, and he tells me he has to move it, it had 18 miles on it, and I put 10 of them on myself on the test drive, so he knocks over 6 grand off the sticker price, I buy it, and what a mistake :shake:

 

At 40K, it went in the shop to replace every gasket on the engine, for over $1200 :eek:

 

And at 80K it ran like poo, and the dealer did a tune-up ($360) on an engine that had a broken valve :shake: *yea, I got half my $$ back on that one, cause I knew where the owner lived, and reminded him of that :brows:

 

And when we pulled the head off, we found a hole in cyl #8 piston, and bore shot, so I put a used 302 in it, and dumped the thing.

 

And this was all in the 3 years I had the thing........never again :shake:

 

A vehicle sitting idle for 9 years, I could image the problems you'll have with that, so maybe this is a good thing coming your way.

 

Bad the way they treated you, but you just might be the one to shut them down ;)

[Automan2164]

I am with Bob and Dave here... It's highly unlikely that an XJ would be sitting that long ownerless.

 

I smell a fish. :ack:

Rob L.

[88mjmanche]

the last time i used paypal i got jipped out of 90$ that pissed me off :headpop:

[FXWorks]

Get your deposit back.

 

Personally, I can't see paying $22k for a 2001 XJ even in new condition. For perspective, I paid $18k for my 2001 in 2003. I understand the novelty but an XJ just isn't worth that kind of money in today's vehicle market regardless of how few miles are on the clock.

 

I say start looking for a ~50k mile XJ for ~$5k-$7k and be happy this deal fell through.

 

These Jeeps are very reliable. For the sake of a couple dozen thousand miles on the clock I'd gladly pay one third or one quarter of the price.

 

Also consider a WJ (99-04 Grand Cherokee) in the same price range. They are decent and reliable (ChryCo figured out how to build an automatic transmission by then; 4.7V8 and Select-Trac is the ticket).

[Yesterday's Danish]

This happened to my dad. He bought an 2007 grand cherokee that was a leftover in 2008. He put down a deposit and the dealership ended up selling it on him. He just went down there and raised holy hell with the dealership. They ended up giving him a 2008 instead for the same price of 2007. So he made out on that deal.

 

I believe you could sue them. The contract you sign is legally binding so if you put down a deposit they HAVE to sell you the vehicle.

 

But I agree with everyone else, something isn't right about that whole situation.

[mfpdm]

you weren't really gonna pay 22 grand for an xj were you?

Yes, I was. Yeah, I expect that the tires may have some dry rot and the battery won't live five years, but this was a NEW Cherokee Limited. I checked it over. It had not been driven. All window stickers were still in place. It is definitely worth $22,000.

 

You were just saved a lot of money. Think of it this way. Scenerio 1: You bought it for $22,000, drove it off the lot and got T-boned and totaled it out. Guess how much your insurance company is going to pay you? Book value of around 8K. Now yes there are some insurance companies that will allow you to put a rider policy on top of your regular policy but this is based on appraisal value and is usually only for classic's which, a 2001 cherokee is not quite there yet. I will be getting one for the Wild build to cover it up to about 12k hopefully. Oh and I talked with an insurance broker before I wrote this so I'm not armchair quarterbacking. Scenerio 2: You fall on hard times and need to sell it a few months down the road. Guess what a used 2001 Cherokee Limited sells for in exellent condition with low miles? Same book value as before unless you can find another zealous buyer as yourself. This thing probably was unloaded at auction from either one of Chryslers storage houses or a defunked dealership that was shut down and had it in the showroom for a museum piece. I know you said you inspected it but I didn't remember seeing you say it had a carfax. Send the VIN to Chrysler and they will tell you were it came from if the carfax doesn't. It would have been nice but I think you would of had regrets.

 

:cheers:

[Eagle]

Also, Id be interested to know what dealer pulled this.....

Dan's Automotive in Torrington.

[Automan2164]

Seeing as there are some rare vehicles floating out of the archive, (IE LSR2) this might be legit if it was from an earlier auction.

 

Could it have been the last XJ ever made, was stored by Chrysler, and was sold at auction?

Rob L. :hmm:

[Pete M]

could have been a floor model at a dealership. the one by me has a Prowler with under 500 miles (owned by the dealerhips owner though)

[Eagle]

First question........Is there any dealer in the whole country that would sit on a unsold vehicle for 9 years????

Yeah. One who died, and whose widow finally got around to liquidating the old stock. That was the story, and the window stickers showed that it had been delivered to a dealer in a small town in PA, so I am willing to accept the story. I used to cruise around the back country of Maryland and PA looking for old Hudson dealerships to buy their stocks of new-old-stock parts, so perhaps that explains why the story sounds entirely plausible to me.

 

The odometer showed 10 miles, and the vehicle OBVIOUSLY had not been driven more than from the truck into the garage.

[mfpdm]

Seeing as there are some rare vehicles floating out of the archive, (IE LSR2) this might be legit if it was from an earlier auction.

 

Could it have been the last XJ ever made, was stored by Chrysler, and was sold at auction?

Rob L. :hmm:

 

I wouldn't think some fly by night used dealer would have got it if it was.

 

Would like to know the story and see the VIN. Could put a whole new prespective on it. :brows:

 

:cheers:

[Eagle]

I say start looking for a ~50k mile XJ for ~$5k-$7k and be happy this deal fell through.

They don't exist. Around here, that kind of money might buy a thoroughly beat Sport with over 150,000 miles on it, and no Selec-Trac. And probably some wise guy's home-installed hack job sound system.

 

Find me a really pristine Classic or Limited with 50,000 miles, Selec-Trac, in all original configuration for $6,000 and I'll be interested.