Dealer steals back car

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#1
http://www.newschannel5.com/content/investigates/20762.asp?q=BILL+HEARD

Their Email: bhnsales@billheardnashville.com

Their Phone: 800-290-9948

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NewsChannel 5 Investigates:
Dealership Doesn't Like Deal, Takes Car Back


Earl Kieselhorst thought he owned a 2003 Chevy Silverado -- a truck that he bought from Bill Heard Chevrolet in Antioch.

Kieselhorst says he "paid cash for it. Made the deal. Sales manager signed off on it. Signed all the paperwork. And drove off."

He traded in his car and gave the dealer a check for $8,100.

"I have the keys," Kieselhorst tells NewsChannel 5 investigative reporter Jennifer Kraus.

But he doesn't have his truck.

Bill Heard does.

"I can't see any reason why this wouldn't be my car," he adds.

Just one day after he bought the truck, a salesman from Bill Heard called to say the dealership was having second thoughts about the deal.

He told Kieselhorst that if he wanted to keep his truck, he needed to fork over another $10,000 -- something he refused to do. After all, he says, they had a signed deal.

But the next morning, when Kieselhorst woke up, his truck was gone.

"And I was like I can't believe it," he recalls.

The dealership had come and taken it in the middle of the night.

"I've got a contract. This is a legal contract. I don't know what to say. I don't know what to say."

Metro police investigated and wanted to file charges against Bill Heard for stealing the truck.

Detective Ray Paris got a statement from Bill Heard, blaming a rookie salesman for what happened and calling it a mistake. (Read the statement given to police by Bill Heard.)

"They inadvertently sold the vehicle at a lower cost than what they should have," Paris says.

Kathleen Calligan says the Better Business Bureau has received literally hundreds and hundreds of similar complaints about the Bill Heard dealership -- more complaints by far than any other auto dealer in all of Middle Tennessee.

"Not only is this an unbelievable volume of complaints, most of them are unresolved," she adds.

Calligan says that, in this day and age, dealers know exactly how much a vehicle is worth.

And if a dealership truly does make a mistake, she says they'll take the loss -- rather than call the customer and demand he make up the difference.

"There is absolutely no reason for a sale not to be final when the customer walks out of the dealership," Calligan adds.

Yet even after Bill Heard had taken back the truck, the salesman called Kieselhorst again.

"He calls me back and offers to sell it to me for $11,000 more than I paid for it," Kieselhorst recalls.

Kieselhorst said no way.

And even though he still believes he is the rightful owner of the truck, when we went looking for it at Bill Heard, we found a customer checking it out. It was for sale, the customer and a saleswoman told us.

"The whole thing has just gotten more and more ridiculous," Kieselhorst says.

And now the self-proclaimed largest Chevrolet dealership in the world is accusing Kieselhorst of "trying to pull a fast one" on them.

"This is the way this company does business," Calligan says. "They really thought they would be able to pull a fast one on their customer."

After we tried to get their side for days, Bill Heard faxed us a statement just before air time, saying that Kieselhorst "should have known" that the deal he got was too good to be true.

The company says:

"It is not reasonable or fair to expect for Bill Heard Chevrolet ... to be bound by a sale where a clear and material mistake was made, and the customer was aware that it was a mistake."

(Read Bill Heard's statement provided to NewsChannel 5.)

Kieselhort says he just thought Bill Heard was giving him the type of good deal they advertise.

As for the police investigation, the DA says this is a civil case, not a criminal case. He says Kieselhorst is free to take the dealer to court -- something he's now seriously considering.
 
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Los Angeles, CA
#6
That's the most ridiculous thing I have ever heard... Why doesn't he simply go to the dealership, get in, and drive off? If they try to restrain him or his vehicle he can call the police.

After both parties agree and sign the papers, the dealership loses ownership and custody of the vehicle. Unless his check bounces, it's his. I'd first file a police report, then sue the living shit out of the dealership.
 

DSK

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#9
If there are several complaints of a similar nature with regards to that dealer then something is clearly wrong and should be stayed clear of.
 
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#12
I can't read the bimmerforums thread. I'm even registered on that site too. Says I don't have permission.

I'd just steal it back, but maybe he doesn't wanna stoop to that level?
 

Bmw 325i 7803

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#13
I think somethings being withheld, they can't just steal a car back unless they own the municipality or whatnot. There probably is a loophole in the deal, and they never registered it, thus they are able to resell it. He can have a bill of sale, but if the VIN isnt registered to him, I wonder just how much power he has in getting the car back. The article even backpedals saying charges could be brought, and then "police are not going to bring charges". He should try his luck in a civil suit, where the judge is likely going to have the dealer refund him his money and maybe a little more for "damages".
 
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#14
There has to be more to this than what the article states. The guy who bought the truck is acting clueless, but if you paid $8K for a truck and the dealership offers you $19K for it, you don't say no without good reason.

I think this guy scammed a crappy dealership and is just trying to make them look bad....you know..."the car dealership is always the enemy"...article is just way too biased.
 


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