I'm in the state of Tennessee, and I ordered a Mustang from a Memphis dealer in Nov of last year with an automatic transmission. I gave the dealership a $500 deposit, and the general manager put the order in the system while I was watching and had me check off all the options on the order to make sure it was correct. I have a copy of what would become the order when the clerk assigns a number to it. I changed my mind on the interior type and went back to the dealer to change from cloth to leather 2 days later, and the general manager placed another order in my name following the same procedure. He couldn't change the original order because it was a different model, and he knew he could sell the car, so it wasn't a problem. Both cars were entered in their system the following week, and I was assured the leather car would be priority and the other one would be changed to a dealer stock unit. I have a copy of the order sheet for the leather car as well. The first car arrived January, but it had cloth interior, so I decided to wait until the car with leather arrived. The dealer never changed the priorities of the cars. I figured it was an honest mistake, since the leather car would be in in March, but it came in this week with a manual transmission. It even showed up on their order sheet refecting the manual transmission when I saw it. This wasn't a mistake by the manufacturer. Someone changed the transmission type after the order was placed with out my permission. A manual transmission was never discussed, and my order sheet clearly shows the option and the price. Naturally, I had to turn down the order.
I have lost over $2000 in the value of my trade since January and even more since the best offer the dealer could make was to reorder with a higher priority. They clearly changed the options on the car without my permission, knowing I wouldn't take the car with the wrong transmission. Is this a good example of "promissory estoppel" and is the dealer liable for changing the terms of a deal without my consent? Could I recover the loss of $ from the dealer in small claims court.
Your advice is appreciated.
I have lost over $2000 in the value of my trade since January and even more since the best offer the dealer could make was to reorder with a higher priority. They clearly changed the options on the car without my permission, knowing I wouldn't take the car with the wrong transmission. Is this a good example of "promissory estoppel" and is the dealer liable for changing the terms of a deal without my consent? Could I recover the loss of $ from the dealer in small claims court.
Your advice is appreciated.
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