Peltier Chevrolet of Tyler, Texas had a dodge pickup for sale on the internet. I called them and spoke to Kevin about the vehicle. He sent me several photos of the vehicle via text messages and we communicated over several phone calls from him to me about the truck. WE also communicated about the truck via email. This was over a 2 day period. This was the exact truck we had done a nationwide search for as it was a used dodge mega cab diesel cummins with sunroof and dvd which there were few made in 08. It was silver as well and this was the color we had hoped to find.
We put down a deposit of $500 via debit card over the phone on a friday. The card was charged. Kevin told me he was taking the truck off the lot and would have it prepped for pickup on monday. The receptionist spoke to me when I called that friday to give the deposit and she knew i was purchasing the truck by my name. This is a very small chevy dealer in tyler tx. Everyone knew this vehicle was sold to me at this point. It was a cash purchase with no financing needed.
I was to drive down there and complete the paperwork on monday. On saturday, david bates, sales manager called me at 5:30 pm. He said there had been a mixup and they had sold the vehicle. He was sorry and but they asked the other buyers to that had come in on saturday to give the truck back but they refused so he was going to refund my $500 and have a nice day. I told him not so fast that we had a contract as he made an offer on the truck and i had accepted by giving him the deposit. He said i was wrong and hand up on me.
I tried to call back for over 30 minutes but they refused to answer with the exception of another salesman by accident answered and in anger i demanded he tell me what happened and he said they had sold it to another couple that had come in. I asked for how much as my contract was for $18k and he said over $19 something. Thus, they had gotten another higher offer and david bates decided to trash us by breaking our contract.
I called again on monday and they continued to refuse to answer my number. Finally today on thursday, i called from unknown number and they answered.
I first spoke to rebecca and when I identified myself only as the one that had put down the deposit on the truck on friday, she immediately called me by name and hang up on me.
Spoke next to david bates after i called back. He seemed to think it was funny till i told him would file this report and possibly file suit to try to get to their bond.
They owe me the difference in what contracted the truck for and what they actually sold it for and under deceptive trade practices act if proven in court would owe triple damages.
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