Price Gouging @ Westway Ford Irving Texas

[iamchewby]

If anyone has written a email to news stations, I’ll reach out to some buds. I have a couple friends who work at various stations in DFW and could get the story up.

If Hanna Battah starts talking, I can tell you from personal experience that every fireman in the metroplex will stop sipping their coffee and listen... and we also buy a lot of new trucks

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[bdub2you]

The way he can win is by pressure, not legally. Either he had a legal sales contract or he didn’t. He didn’t. He has ethical grounds to buy the vehicle…not legal. At all.

A purchase order is a contract. Moreover, a contract for less than a year need not be in writing (but a signed order and deposit would constitute a contract in all 50 states).

 

[Bmadda]

Just before I read this post, a thought came into my mind.

One of the unfortunate elements of this sort of situation is that the amount of markup is more than can usually be sued over in small claims court, but not enough to justify the cost of full litigation. That is a big part of how sleazy dealers like this get away with this solid digestive waste from a male bovine. I've even seen it suggested that the amount of markup is specifically crafted with this in mind.

I suppose I should state that I am not a lawyer, nor do I play one on TV.

But it seems to me that aside from the issue of how much it would cost to litigate this matter, compared to the amount in dispute; that this looks like a more solid case than most on which, if @sadiki2527 were to pursue litigation, he'd have a good chance of winning.

As you say, letting one dealer get away with this manure increases the risk of all of us falling victim to it.

If enough of us were willing to contribute to the cost, and perhaps if there is a qualified lawyer among us to take the case, might it work to set up a crowdsources/crowdfunded effort to sue this dealership in @sadiki2527's behalf? Sure, the total cost to pursue this one case would likely be more than that of the amount in dispute, but if we win such a case, perhaps it would be worth it for the deterrent effect against other dealers pulling this crap against other members of our community.

Side thoughts:

• If such a case were started quickly, could we get a restraining order preventing Westway from selling @sadiki2527's Bronco to anyone else before the case is resolved? Aside from protecting the possibility that eventually, @sadiki2527 would finally get the Bronco that is rightfully his, perhaps it would hurt Westway to force them to sit on a valuable asset that they were counting on being able to sell quickly. I don't know the whole financial aspects of running a car dealership, but maybe they would even decide that it made more sense to sell it to @sadiki2527 at the originally-agreed price than to let it tie up so much of their value in an asset that they are otherwise enjoined from selling.
  
  
• Probably not likely, but in such a case, if we were to win, could Westway Ford be also held liable for legal costs, or even unitive damages, that could recover the cost of pursuing such a suit in the first place?
  
  
• Might such a suit be expanded to include other plaintiffs, who have been screwed over in the recent past by Westway? Looking at reviews on various sources, looking at complaints against them on the BBB, it looks like there would be no shortage of other potential plaintiffs.

In England you could recover legal costs for winning a civil suit...not in the US. Not a lawyer either, but have several in my family...an injunction preventing a sale? would work great except our beloved court system is backed up way worse than Ford. Form a class action against Westway? That might get you some attorneys willing to work "pro bono" for the lions share of the settlement...but would certainly punish the offending dealer...wouldn't help the OP much unless he wants to pursue this purely on general principle. Wouldn't blame him if he did!

 

[sadiki2527]

The way he can win is by pressure, not legally. Either he had a legal sales contract or he didn’t. He didn’t. He has ethical grounds to buy the vehicle…not legal. At all.

Just before I read this post, a thought came into my mind.

One of the unfortunate elements of this sort of situation is that the amount of markup is more than can usually be sued over in small claims court, but not enough to justify the cost of full litigation. That is a big part of how sleazy dealers like this get away with this solid digestive waste from a male bovine. I've even seen it suggested that the amount of markup is specifically crafted with this in mind.

I suppose I should state that I am not a lawyer, nor do I play one on TV.

But it seems to me that aside from the issue of how much it would cost to litigate this matter, compared to the amount in dispute; that this looks like a more solid case than most on which, if @sadiki2527 were to pursue litigation, he'd have a good chance of winning.

As you say, letting one dealer get away with this manure increases the risk of all of us falling victim to it.

If enough of us were willing to contribute to the cost, and perhaps if there is a qualified lawyer among us to take the case, might it work to set up a crowdsources/crowdfunded effort to sue this dealership in @sadiki2527's behalf? Sure, the total cost to pursue this one case would likely be more than that of the amount in dispute, but if we win such a case, perhaps it would be worth it for the deterrent effect against other dealers pulling this crap against other members of our community.

Side thoughts:

• If such a case were started quickly, could we get a restraining order preventing Westway from selling @sadiki2527's Bronco to anyone else before the case is resolved? Aside from protecting the possibility that eventually, @sadiki2527 would finally get the Bronco that is rightfully his, perhaps it would hurt Westway to force them to sit on a valuable asset that they were counting on being able to sell quickly. I don't know the whole financial aspects of running a car dealership, but maybe they would even decide that it made more sense to sell it to @sadiki2527 at the originally-agreed price than to let it tie up so much of their value in an asset that they are otherwise enjoined from selling.
  
  
• Probably not likely, but in such a case, if we were to win, could Westway Ford be also held liable for legal costs, or even unitive damages, that could recover the cost of pursuing such a suit in the first place?
  
  
• Might such a suit be expanded to include other plaintiffs, who have been screwed over in the recent past by Westway? Looking at reviews on various sources, looking at complaints against them on the BBB, it looks like there would be no shortage of other potential plaintiffs.

You have a point, if it’s too late for my personal Bronco, it’s not too late for everyone else who’s could potentially share the same fate. Hmmmm. You’re right even if I’m not in the picture there is a pattern and if I had checked on that dealerships rep before I would have at least asked the right questions. Well everyone is on holiday. Gonna go wrap gifts.

 

[Bmadda]

Did you say "well charge me MSRP and I'll sign a contract stating I won't resell for 6/9/12/hotdog months after purchase, if that's your only concern."

That deflates their whole nonsensical position in the argument, and as long as you're not actually planning to flip it that first year will zip on by.

McLaren does this.

 

[TXAG96]

Google reviews sitting at 4.2

 

[HeliPilot]

McLaren does this.

Ford does it with the GT

 

[LSTLAF]

McLaren does this.

So does Ford. Just ask John Cena.

 

[Peter Gosenya]

Yelp reviews are shut down for westway.

 

[jsully10]

Google reviews sitting at 4.2

oh yea they have a bunch of fake 5 stars up there and are taking down the negative ones

 

[KillerPenz]

oh yea they have a bunch of fake 5 stars up there and are taking down the negative ones

That should be a sign for you guys to start reporting the fake 5 stars that say nothing. Get those removed too

 

[sadiki2527]

If Hanna Battah starts talking, I can tell you from personal experience that every fireman in the metroplex will stop sipping their coffee and listen... and we also buy a lot of new trucks

I did to channel

A purchase order is a contract. Moreover, a contract for less than a year need not be in writing (but a signed order and deposit would constitute a contract in all 50 states).

I thought buy signing the order form we were binding

A purchase order is a contract. Moreover, a contract for less than a year need not be in writing (but a signed order and deposit would constitute a contract in all 50 states).

i thought by signing the order from I was binding myself to the vehicle. With this in mind I made sure when it was time to complete the purchase I was financially able. Pretty sure most of y’all did or thought the same. I cleaned up my credit preparing.

 

[bdub2you]

I did to channel

I thought buy signing the order form we were binding

i thought by signing the order from I was binding myself to the vehicle. With this in mind I made sure when it was time to complete the purchase I was financially able. Pretty sure most of y’all did or thought the same. I cleaned up my credit preparing.

I did the exact same thing. The difference being 1) I'm an attorney and they knew that, and 2) I'm pretty sure they're honoring MSRP to all order holders because they're honorable and care about their reputation.

 

[TXAG96]

Posted a 1 star to google reviews.

I sorted the reviews by most recent and see the B6G goon squad giving them hell.
Good going guys. Give no quarter

 

[Corsair]

Feel bad I’m so late to the party on this one, just left a one star review. Hope this gets rectified.

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