Report: #1471227

Complaint Review: Ed voyles kia on Cobb Parkway - Atlanta Georgia

  • Submitted:
  • Updated:
  • Reported By: Terry — Atlanta Georgia USA
  • Ed voyles kia on Cobb Parkway
    2145 Cobb pkwy
    Atlanta , Georgia
    United States

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On 1/10/19, I called the Kia dealership on Cobb Parkway to inquire on pricing for the Kia Optima LX. A gentleman named Nya answered. I asked if the Cobb Parkway location will honor a monthly payment of $189 with $3,000 down payment. Nya replied, "yes definitely". Before we ended the call, I reiterated with Nya that $189 will be honored.

He replied, "yes definitely". When I arrived at the dealership, I spoke with sales manager Mark Berrio who said he will not honor the agreed upon price. I escalated the issue: I asked to speak to a higher-level manager. I was introduced to general manager John Higham. John said the call I placed was recorded.

He said he'll play the call for me. We listen to the call together: Twice the rep on the phone said the dealership will honor my price request. After listening to the call with me, John Higham said he won't honor the pricing. I'd like the price to be honored.

This report was posted on Ripoff Report on 01/10/2019 08:44 PM and is a permanent record located here: The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

An Advertisement Is Not An Offer....

AUTHOR: Jim - (United States)

I doubt seriously you were not vague in your conversation - you could not even be exact here regarding your own story.  If you can't even be clear in your story, then you were likely not very clear in your conversation.  Having said that, you still can't bind the dealership based on a phone conversation, be it for a sale or a lease.  Under the common law concept referred to as the Statute of Frauds, a contract for the dollar amount you're talking about and the period of the lease, cannot be bound via an oral conversation.  It must be in writing.

Now, to the rest of this.  It should also be made clear that an advertisement in a newspaper or on the internet, does not constitute an offer for an automobile under the law.  In other words, if you called the dealer, pointed out the advertisement, and said "I accept - when can I get my car"....the dealer cannot be bound by the advertisement either because even the advertisement would be sufficiently vague in order for a contract to be made.  Again, these are all things the car dealer does to bring you into the dealership - which is when the real offer and acceptance (and a binding contract) takes place.

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#2 Consumer Comment


AUTHOR: The Dog - (United States)

 You mean a FLEASE!

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#3 Author of original report


AUTHOR: Leterio - (United States)

 Today, 1/11/19, I learned this dealership is offering leases on 2019 Kia Optima LX for $189 per month, via an advertisement on their website!!!! I learned this ad has been posted for weeks!

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#4 Author of original report

To offer clarity

AUTHOR: Leterio - (United States)

 During the call, the gentleman who answered the phone (Nya) and I discussed a specific make, model, and year: 2019 Kia Optima LX. I clearly expressed my interest in leasing this specific vehicle. The conversation wasn't vague.

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#5 Consumer Comment

Oral Agreements Are Not Binding

AUTHOR: Jim - ()

I asked if the Cobb Parkway location will honor a monthly payment of $189 with $3,000 down payment. Nya replied, "yes definitely"...  After listening to the call with me, John Higham said he won't honor the pricing. I'd like the price to be honored.  OK, let's play along and I'll show you why you cannot bind the dealership:

YOU:  Can you honor a monthly payment of $189 with a $3,000 down payment for a Kia Optima LX?

Dealership:  Sure I can

(you travel to the dealership)

YOU:  Can I see the car you said I could pay $189 per month with a $3,000 down?

Dealership:  Sure.  Here is a 2013 Kia Optima LX with 77,000 miles on it.  The sticker on it is $10,900 without T/L.  $189/month for 4-5 years with $3K down.

YOU:  No, I was talking about a newer Kia Optima LX.  I mean this car will break down before I finish paying it off.

Dealership:  Oh, you didn't say that in your offer.  Well, then the answer is NO.

Your offer was so vague, any answer the dealership would have given could not constitute anything that could bind the dealership.  In listening to the call, the manager was determining if the sales person may have spoken more specifically to you about a certain vehicle, or offered something else more specific.  I'm guessing the reason he said no, was that the sales rep was as vague as you were.

One more thing - just some life experience for you.  NEVER go into a dealerhip asking if you can sell me a car for $189/month with $3K down.  You are basically saying to a dealer that I have no intention of negotiating with you.  In response, the dealer will simply sell you a car that you could paid less for had you properly gone in and negotiated price with them. 

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#6 Author of original report


AUTHOR: Terry - ()

 The phone call was in reference to a 3 yr lease for a 2019 Kia Optima LX

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#7 Consumer Comment


AUTHOR: Robert - ()

I'm not going to say whether or not the dealer should honor the price quoted on the car, as we do not know all of the details of what specifically stated on the call.

However, let me ask you a few questions.

How many months would you be making this monthly payment of $189? What was the total price of the car? What was the Interest Rate on the loan? Was it even a loan or was it a lease? What was the VIN number of the car you were going to get? Was it New or Used? Was it a 2019 Model or earlier? Did you give them permission and information to run your credit?

In doing a little simple math, if you were looking to buy a 2019 you would be looking at probably around 25,000 out the door, with a $3,000 down payment that means you would be finanacing about $22,000. At $189 with a 0% interest rate loan you would be looking at just under a 10 year payoff. So the only RipOff may be the one you are trying to pull.

You are trying to turn that verbal converstation into some sort of binding contract, but it appears to be so generic and unspecific that I don't think you would get any court to agree with you. Of course if you think you have a case then you should go file a lawsuit and please post the court information so that everyone can follow it.

By the way I am curious as to what offer they gave to you and what the differences were?

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