Car Dealer has Customer Arrested – Spot Delivery Scam

Posted on November 14, 2012 by Dana Manner

Chesapeake, VA – Car buyer Danny Sawyer was arrested when Priority Chevrolet reported that the buyer had stolen a 2012 Chevrolet Traverse, because the dealership mistakenly undercharged the customer, and the customer refused to sign a costlier contract, according to a report in The Virginian-Pilot

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Sawyer test-drove a blue Chevrolet Traverse on May 7 but ultimately decided to buy a black one. He traded in his 2008 Saturn Vue, signed a promissory note and left in his new SUV, in what is known as a “spot delivery.” The next morning, Sawyer returned and asked to exchange the black Traverse for the blue one. However, staff at Priority Chevrolet had undercharged the buyer $5,600 in the spot-delivery, and when the customer refused to sign new documents for more money, they had him arrested. Commonwealth’s Attorney Nancy Parr said her office dropped all charges Aug. 23 after speaking with representatives of the dealership and determining there was insufficient evidence to pursue the case.

“I owe Mr. Sawyer a big apology,” said Dennis Ellmer , who manages the entire Priority Auto Group – which includes 11 dealerships in Virginia and North Carolina. He said Sawyer should not have been arrested and definitely should not have spent four hours in jail.

“An apology is not enough” said Rebecca Colaw, Sawyer’s attorney, and that Ellmer will have to do more than say he’s sorry and let Sawyer keep the SUV. Earlier this month, Sawyer filed two lawsuits against the dealership accusing it of malicious prosecution, slander, defamation and abuse of process, among other things. The lawsuits seek $2.2 million in damages, plus attorney fees.