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Dealer saying the payload is a "suggestion"

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Old 02-13-2018, 05:39 PM
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Originally Posted by dodgeman1 View Post
If this is a bid deal for you, I'd push for a full refund on the truck and get a F250 or a single wheel F350. Just be aware that some F250's can max out there payload easy with a trailer also.
Agreed. If you were to go the Superduty route, I'd skip right over the 250 and get the 350. The payload increase is substantial, like 65-75% depending on which GVWR package you get. A heavily optioned 250 has less payload than a 150 HDPP.
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Old 02-13-2018, 05:43 PM
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Originally Posted by Anna Claire View Post
I don't want to make this a huge deal, I know it could be worse. HOWEVER, it really comes down to not only wanting a higher payload but the principle of the thing. Dealers think they can get away with anything and say whatever gets a sale done. We spent months researching the million different truck options and were very nervous and stressed about this purchase. I think in the stress we somehow forgot to verify what the dealer was telling us (god forbid we trust him) with the door jamb sticker. Fortunately we corresponded heavily on email and we have a chain of emails he sent us with the truck we purchased, vin number included, telling us that it has a 2300 payload and can tow 11,300lbs. At this point we plan on having a sit down with the salesperson and manager. We have also consulted with a lawyer friend who has said, if it comes down to it (which I hope it doesn't) we have an easy civil case.

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Old 02-13-2018, 05:57 PM
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I agree with everything above but it is also the responsibility of the consumer to do some of their own homework.
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Old 02-13-2018, 07:18 PM
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When I worked for a major company years ago in sales. As a salesman you could say and lie through your teeth. All that matters is what is spelled out in the signed contracts. Sad, but that's the truth. Specs of the vehicle are not spelled out in the contract unless you put it done as a stipulation of the sales.
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Old 02-13-2018, 09:24 PM
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Originally Posted by Anna Claire View Post
We have also consulted with a lawyer friend who has said, if it comes down to it (which I hope it doesn't) we have an easy civil case.
Yes, tell them your lawyer "suggested" a civil suit.
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Old 02-13-2018, 09:33 PM
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Originally Posted by jeffinthebag View Post
When I worked for a major company years ago in sales. As a salesman you could say and lie through your teeth. All that matters is what is spelled out in the signed contracts. Sad, but that's the truth. Specs of the vehicle are not spelled out in the contract unless you put it done as a stipulation of the sales.
I believe there was a court case a few years back (er, probably many years back now) where RadioShack was held liable for their salespeople misleading customers about the capabilities of the computers they were selling. The short version was that the court held the customer had a reasonable expectation that the salesperson was informed on the capabilities of the product in question, and if said salesperson actually had a technical background, the company could be held liable for any technical misrepresentations in the sales process.

In a bit of good old-fashioned American ingenuity, RadioShack responded by changing its hiring policies and only hiring salespeople who had no technical knowledge, thus eliminating any liability because the customers knew more than the salespeople.

(I'm 99% sure I remember reading about all of the above, but I can't find a damn thing about it on Google, so I may be misremembering...or it just may be old enough news that it's being squashed by all the RadioShack bankruptcy stuff when I search).
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Old 02-13-2018, 10:56 PM
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1. The salesman lied
2. You did not check the truck.
3. Consult a lawyer, if you are so inclined.
4. You will out grow(weight) the truck quickly.
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Old 02-14-2018, 12:36 AM
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Make an appointment talk to the manager or owner, take your lawyer friend with you and see if you can work out a resolution that allows you to trade for a suitable truck at a fair price without going to court - with fair being the difference in cost between the two trucks new. They might be willing to work with you especially with your lawyer friend there to explain alternatives.
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Old 02-14-2018, 01:21 AM
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The sticker was In the door before the deal was completed and did not change. I say it's on the buyer for not doing his homework.
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Old 02-14-2018, 01:19 PM
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Originally Posted by 77Ranger460 View Post
The sticker was In the door before the deal was completed and did not change. I say it's on the buyer for not doing his homework.
If this actually unfolded as presented, I would disagree. I do agree that the prospective buyer should be as informed as reasonably possible BUT, they went to the dealer and said " We need a truck that can tow XX ". A representative/agent of the dealer presents a truck and says "This can tow XX". They get it home and discover the dealer provided false information. Even though the error was due to ignorance rather than malice, the dealer and its agents have a duty to know their product.
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