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      03-29-2008, 03:16 AM   #2103
Ral
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Quote:
Originally Posted by advancedlogic View Post
I opine that there is the very real chance that Ken may not be speaking until negotiations resume with counsel. Do not let the preceeding elude you, or this community. Continue to show your support through constructive posts and the like, but I'd advise against any unsolicited attempts to contact, harass, berate, belittle, and defame any individual or entity while the spector of litigation hangs. It isn't difficult to understand why this is important.
Agreed. We all need to wait until after Monday, when presumably someone involved will be able to publicly announce something. Everything I've read about people calling and harassing the dealership employees, their families (WTF!), etc. is not cool in the extreme. We cannot assume that anything either side is saying is the objective truth. As for the situation itself, all we can do is weigh the information given to us, and venture speculation and opinion on same.

As complex as this has become, I'm still trying to encapsulate the core of the problem. It seems to me like it went something like this:

1. Ken wins bid on car for $60,000
Question: did he have the ability to pay within 72 at the time of the bid?

2. Dealer calls Ken up and says "We made a mistake, we can't sell you the car for that amount, but we can sell it to you for x dollars more."

3. Ken says "No, I want it for $60,000."
Question: did the dealership ever agree to sell Ken the car for $60,000?

Follow-up question: did Ken and the dealership ever agree on a price? - if so, then the dealer would be entitled to a down payment, and some kind of legal promise to pay within 72 hours (usually some sort of letter from the finance company).

My experience has been that the dealership may try to hard-sell you on using their own financing, but that they generally don't have a problem with third party payment, and third party payments are perfectly common. Also, once the deal is made, the dealership gets the payment from the finance company for the full amount of the car's price in the form of a check or cashier's check. Then, the buyer and the finance company are the ones with an ongoing business arrangement, and the dealer is basically done. Whether the auto loan is in the form of a lease or a purchase is irrelevant to the dealership, and they shouldn't care one way or the other.
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