Safe Mode: On
Dealer accidentally sells car for $5,600 less, has buyer arrested for theft

Dealer called the police after buyer refused to tear up contract and sign another.

A Virginia man went to a Chevrolet
dealership to buy a new SUV but ended up in jail when a sales
representative sold him a vehicle for the wrong price, and then accused
him of stealing it.Danny
Sawyer, 40, spent four hours behind bars after purchasing a 2012
Chevrolet Traverse from Priority Chevrolet in Chesapeake in May.
According
to a pair of lawsuit filed recently by the Virginia resident, the
dealership’s staff sold him the SUV for $5,600 less than they should
have, and then informed the buyer that he must sign a new contract for
the correct amount.



When Sawyer refused, the suits
allege, a dealership employee called police and had him arrested after
claiming that he had stolen the SUV.
Dennis
Ellmer, president of Priority Chevrolet, had issued apologies to
Sawyer, saying that he never should have been incarcerated.
In
addition to his mea culpa, Ellmer, who manages all 11 dealerships in
the Priority Auto Group, also offered to let Sawyer have the SUV at the
lower price, but the 40-year-old said it is too late for that, according
to the Virginian-Pilot.Sawyer, who works as a registered
nurse, filed two lawsuits seeking a total of $2.2million, plus attorney
fees, against the Chesapeake dealership, accusing the business of
malicious prosecution, slander, defamation and abuse of process.
An employee at Priority Chevrolet declined to comment on the lawsuits when reached on Wednesday.

According to the filings, Sawyer
originally bought a black Chevy Traverse on May 7 after trading in his
2008 Saturn Vue, but had a change of heart and decided to exchange the
vehicle for a blue model the following day.

Sales manager Wib Davenport approved
the substitution allegedly without mentioning that the blue Traverse
will cost additional $5,600 – a claim that has been disputed by the
dealership.
In the
end, Sawyer signed a final contract for a little over $34,000 while the
actual asking price of the vehicle was listed as $39,000.
A
week later, Sawyer returned from a trip to find dozens of voicemail
messages from the dealership informing him that that a mistake had been
made and asking him to come in and sign a new contract for the higher
price.
Sawyer’s
lawsuits allege that the buyer refused, although the dealership insists
that he orally agreed to pay the difference, but then failed to show up
to sign the papers.
On
June 15, Sawyer was arrested by three police officers in his front yard
after a manager at the dealership accused him of stealing the SUV.Four
hours later, Sawyer was released on bond, and in late August, the
Commonwealth of Virginia dropped all charges against him after finding
insufficient evidence to pursue the case.In later September, Ellmer apologized to the aggrieved customer, saying that his staff made a mistake by going to the police.


‘This shouldn't have happened,’ he said.

Rebecca
Colaw, Sawyer's attorney, said she appreciates that Ellmer is taking
responsibility for what happened, but said that ‘sorry’ is just not
enough. Source


Added: Oct-3-2012 Occurred On: Oct-3-2012
By: The angry misanthropist
In:
Other News
Tags: car dearship, salesmen, cheating, breaking a contract, malicious prosecution, slander, defamation and abuse of process
Location: United States (load item map)
Marked as: approved
Views: 4127 | Comments: 120 | Votes: 3 | Favorites: 0 | Shared: 8 | Updates: 0 | Times used in channels: 2
You need to be registered in order to add comments! Register HERE
Sort by: Newest first | Oldest first | Highest score first
Liveleak opposes racial slurs - if you do spot comments that fall into this category, please report them for us to review.
  • No this should not have happened. This wasnt criminal. It was Civil. I can not believe that any dumb ass officer would arrest this person for anything at all.
    It is a clear cut case of a Civil matter between a business and a customer. No criminal act. I hope to fuck he wins his case all the way around.
    This is unbelievable! Now sue the Law enforcement agency too. They should know better.

    Posted Oct-3-2012 By 

    (10)

  • I know where NOT to buy a car.

    Posted Oct-3-2012 By 

    (7)

  • That dealership would have my name on it by the time I got done with those sons a bitches. Should have fired the salesman and counted their losses. They are going to pay big time for this now.

    Posted Oct-3-2012 By 

    (7)

  • hmmmmm he might get another $5600 off the car. Saying some 'stole' the SUV sounds closer to a false police report than it does an 'oops'.

    Posted Oct-3-2012 By 

    (5)

  • This just reminded me of the time when I was working at a tire store while in college. I was a tire buster/oil changer. I brought a car in put it on the lift, pulled the tires off, changed them over, took the vehicle back to the customer parking area, and marked the ticket complete.

    About an hour later, the manager came out to talk to me. He asked me what model tire I put on the car. As it turned out, the assistant manager that filled out the ticket had horrible hand writing, so I thought More..

    Posted Oct-3-2012 By 

    (5)

  • That's odd. The difference should have been taken out of the sales guy's commissions. Weird that they chased this guy down and had him locked up. And how do you arrest someone for "stealing" a car when you have the bill of sale to prove you bought it?

    This story is bizarro man.

    Posted Oct-3-2012 By 

    (5)

    • @Saros Yup, they will lose their ass on this lawsuit, no question.

      A similar thing (but different) happened to me when I first came to America and the issue was the car loan. They wanted me to put more down after I drove off the lot and went home but I refused. I did offer to return the vehicle. Instead they asked me to pay LESS for the vehicle. So instead of me putting money down they sold it for a lesser amount so they could get me a loan. I signed a new contract for a couple of grand less th More..

      Posted Oct-3-2012 By 

      (2)

    • @dorbie Haha, score for you. XD

      Posted Oct-3-2012 By 

      (0)

    • @Saros I was lucky, in reality I was naive on the initial purchase and caught a break due to the loan company's refusal. I was a better negotiator when I bought my second car.

      Posted Oct-3-2012 By 

      (0)

  • oh man, this is gunna be a great court case. I'm wagering that the Dealer is going to loose. Both agreed on the listed price on the contract. The fact that the dealer failed to read the contract and notice the error is the same as anyone of us purchasing a car and just up the street the exact same car going for thousands cheaper. Do we as purchasers have the right therefore to have the Dealer arrested for "theft". I don't think so.
    The Dealer screwed up, the salesperson massively scre More..

    Posted Oct-3-2012 By 

    (4)

    • Comment of user 'The angry misanthropist' has been deleted by author!
    • @The angry misanthropist

      Actually, no. The Judge will find in favor of the Purchaser plus expenses.
      Most likely, the Purchaser will get the vehicle for free, an apology, and maybe some side money, plus all legal expenses paid. But he won't get millions of dollars. Maybe fifty grand and the car.

      Posted Oct-3-2012 By 

      (1)

    • @Less1leg False arrest.. victim of an OBVIOUS conspiracy to hide the evidence in the case FROM the cops..
      I'd say he has a better-than-even chance of clearing a million or more from this.

      Posted Oct-4-2012 By 

      (0)

  • I hope he gets every dime of the 2.2 million and then some.

    Posted Oct-3-2012 By 

    (4)

  • Comment of user 'Americanalltheway' has been deleted by author!
  • Hope he takes them to the cleaners. lol

    Posted Oct-3-2012 By 

    (4)

  • as usual, big business trying to screw over (as much as possible) any ordinary person

    Posted Oct-3-2012 By 

    (4)

  • Contract is a contract.

    Posted Oct-3-2012 By 

    (4)

  • Damned right sorry is not enough. They will lose their ass on this lawsuit and they deserve to. Furthermore, CRIMINAL charges should be pressed against whoever at the business initiated the false police complaint.

    Utter idiots. The guy gave you $34,000 bucks worth of business and you have your customer jailed you friking retards.

    Posted Oct-3-2012 By 

    (4)

    • Comment of user 'The angry misanthropist' has been deleted by author!
    • @The angry misanthropist
      If that original number was retail then yes almost certainly, this would have been some sales manager or branch manager swinging his dick and trying to save face.

      Posted Oct-3-2012 By 

      (1)

    • @The angry misanthropist
      Another thought, they possibly changed their mind after they sold it to another for more. His lawyer should try to find out during discovery.

      Posted Oct-3-2012 By 

      (1)

  • Commonwealth of Virginia need to be held accountable as well for unlawfully arresting someone without insufficient evidence!

    Posted Oct-3-2012 By 

    (4)

  • Hell yeah! The ONLY thing that matters is that signed contract!! Fuck that alleged 'verbal agreement' bullshit, they FUCKED UP!! Get that 2.2 Million Dollars!!!!!

    Posted Oct-3-2012 By 

    (4)