[pmd]

Originally Posted by e90-328i

rwd, very rare in 3er. myself and another member waited 4 months to get one and we ordered from different dealers. bmw canada does not like rwd being sold. however they will sell it if you have the right options on it.

maybe list was options etc you ordered and maybe it might be the exact car a member here or on maxbimmer is shopping for and see if the dealer will reverse your payment if you find somebody to take it for the same cost etc--long shot, but you never know.

Since the dealer is willing to hold the car till end of Nov. for me until I become employed again; I was thinking of heading in this direction. But here are the specs/price of the car I ordered:

Specs:
2011 328i RWD
Deep Sea Blue Metallic
Beige Leatherette
Sport Pkg
Nav Pkg
BMW Apps
6MT

Price:
$40,610 + tax + fees = $48,655.95

[pmd]

Originally Posted by itrocks4u

Given the fact that your delivery date got delayed, can't you use that in your favour in any manner?

For a company like BMW though, I would assume they'd understand the situation though.

Good luck and I sincerely hope you find an even better job soon!

Yeah, I tried using that as a basis of my argument, but the sales manager still kept to his "special ordered RWD" theory as his defense. Friggin' sales people and their tactics! haha!

[aspiring335]

Originally Posted by MOAB

Really? Is this proivded for in some statute? Because it is contrary to ordinary contract law.

http://www.omvic.on.ca/services/cons...posit_back.htm

From this link:

Since there is no provision for a "cooling off" period in Ontario's law, if you want to cancel a vehicle purchase agreement the dealer is entitled to claim "liquidated damages" and retain a part – or all – of your deposit. Liquidated damages arise from the expenses the dealer might have already incurred in when selling the vehicle to you: e.g. advertising, freight and administrative costs, as well as from the loss of profit resulting from this cancellation.

Basically the dealer has to prove in the form of an itemized list the actual liquidated damages incurred by the cancellation. They can't keep the deposit as an arbitrary penalty just because a buyer cancelled an order.

[nospleeny]

+1, exactly like I said but I didn't have a cool link.

Originally Posted by aspiring335

http://www.omvic.on.ca/services/cons...posit_back.htm

From this link:

Since there is no provision for a "cooling off" period in Ontario's law, if you want to cancel a vehicle purchase agreement the dealer is entitled to claim "liquidated damages" and retain a part – or all – of your deposit. Liquidated damages arise from the expenses the dealer might have already incurred in when selling the vehicle to you: e.g. advertising, freight and administrative costs, as well as from the loss of profit resulting from this cancellation.

Basically the dealer has to prove in the form of an itemized list the actual liquidated damages incurred by the cancellation. They can't keep the deposit as an arbitrary penalty just because a buyer cancelled an order.

[MOAB]

Originally Posted by aspiring335

http://www.omvic.on.ca/services/cons...posit_back.htm

From this link:

Since there is no provision for a "cooling off" period in Ontario's law, if you want to cancel a vehicle purchase agreement the dealer is entitled to claim "liquidated damages" and retain a part – or all – of your deposit. Liquidated damages arise from the expenses the dealer might have already incurred in when selling the vehicle to you: e.g. advertising, freight and administrative costs, as well as from the loss of profit resulting from this cancellation.

Basically the dealer has to prove in the form of an itemized list the actual liquidated damages incurred by the cancellation. They can't keep the deposit as an arbitrary penalty just because a buyer cancelled an order.

ok, we are getting a bit technical here, but this all really about the dealer mitigating their damages. If you enter into an agreement to buy a car and then decide for whatever reason that you don't want to proceed, you can walk away... but, the dealer can always come after you for its losses but it also has a duty to mitigate. In other words, they need to try and sell the car to someone else. So, if you agreed to buy a car for $50K and you paid a $1K deposit and the dealer subsequently sells the car for $49K and incurrs additional financing costs, storage costs, etc. of say $3K, then they are out of pocket $4K (i.e. loss of $1K on the sale price of the car plus the $3K in additional expenses) and they can take your $1K deposit and , if they elect to, go after you for the extra $3K, although I think that would be pretty unlikely that they will start an action over $3K...

[pmd]

Originally Posted by aspiring335

http://www.omvic.on.ca/services/cons...posit_back.htm

From this link:

Since there is no provision for a "cooling off" period in Ontario's law, if you want to cancel a vehicle purchase agreement the dealer is entitled to claim "liquidated damages" and retain a part – or all – of your deposit. Liquidated damages arise from the expenses the dealer might have already incurred in when selling the vehicle to you: e.g. advertising, freight and administrative costs, as well as from the loss of profit resulting from this cancellation.

Basically the dealer has to prove in the form of an itemized list the actual liquidated damages incurred by the cancellation. They can't keep the deposit as an arbitrary penalty just because a buyer cancelled an order.

Interesting read..the only problem is I'm missing the ADDITIONAL TERMS pages of my contract since I only received a photocopy of the first page. I have sent an email to both the CA and Sales Manager requesting the other pages.. however I have doubts that they will send it to me.

[e90-328i]

Originally Posted by pmd

Specs:
2011 328i RWD
Deep Sea Blue Metallic
Beige Leatherette
Sport Pkg
Nav Pkg
BMW Apps
6MT

Price:
$40,610 + tax + fees = $48,655.95

almost the same specs as mine except montego blue and leather-missed the apps date by 3 weeks= nice to know that price was very simular though.
i know how you feel to a degree, my story was was a little different, i odered mid nov for mar delivery(told up front too). just before xmas, our biggest supplier opened another dealer 1.6km from us. when i was told about it, that was the first thing that went through my mind-great just ordered a car and put 2 grand down on it. now, what do i do. it sucks that feeling, not as bad as yours but still has an affect at night.

would you dealer release you from the contract if another dealer sold it by then? maybe sweeten the pot by telling sales reps you will give a couple hundred to rep that sells it and gets your deposit back??

[Funk365]

Originally Posted by pmd

Yeah, I tried using that as a basis of my argument, but the sales manager still kept to his "special ordered RWD" theory as his defense. Friggin' sales people and their tactics! haha!

Ya I HATE that! What you ordered is very similar to mine... 2011 328 Sport pack 6MT RWD Deep Sea Blue (good choice on the colour BTW) I get tons of comments on it.

But anyway ya, It is near impossible to find a car in Canada that isn't Xdrive WITHOUT ordering it. Let alone the fact we can't get the e91 RWD at all!

That would have been my first choice.. but noooo.

Good luck with the job search and hopefully you'll be in your new car soon.

[pmd]

Originally Posted by e90-328i

would you dealer release you from the contract if another dealer sold it by then? maybe sweeten the pot by telling sales reps you will give a couple hundred to rep that sells it and gets your deposit back??

Hmm... wouldn't that be a bribe?

[BavFan_08]

+1 to all RWD 3-series being special order. By default all BMW dealerships in Canada will have X-Drives as inventory.

Absolute crap if you ask me. The BMW Salesman I visited today (there are many reasons why) said one reason was to beat out Audi and its Quattro offering. Apparently BMW Sales are through the roof since X-Drive took over (he showed me the sales numbers on his computer) - so X-Drive is here to stay for a long time.....

Apparently Audi is also going to get rid of Quattro and are looking to release something to compete with X-drive....(not sure how true that point is.)

[BavFan_08]

^^^ Also I'm sure you guys all know about this already...so please don't shoot me...I'm just sharing what I learned today from a salesperson...was inquiring about financing a X3.

[aspiring335]

Originally Posted by BavFan_08

Apparently Audi is also going to get rid of Quattro and are looking to release something to compete with X-drive....(not sure how true that point is.)

I would bet my right arm that Audi is never getting rid of quattro. There is so much equity in that name, they would be insane to give it up.

[e90-328i]

Originally Posted by BavFan_08

. Apparently BMW Sales are through the roof since X-Drive took over (he showed me the sales numbers on his computer) - so X-Drive is here to stay for a long time.....

Apparently Audi is also going to get rid of Quattro and are looking to release something to compete with X-drive....(not sure how true that point is.)

I guess he didn't tell you that merc beat them in sales this year in Canada or that Audi has gained alot this year although still a lot less than BMW.
Plus Audi getting rid of quattro is like BMW dropping the 'm'
He more than likey meant they are redesigning it which I sure x drive will be once Audi brings out new version of theirs. Maybe soon x drive will be as good as a range rover in awd.
But the fact remains that BMW Canada hates rwd IMO

[pmd]

Originally Posted by aspiring335

I would bet my right arm that Audi is never getting rid of quattro. There is so much equity in that name, they would be insane to give it up.

+1 to that! I wonder what the new name is gonna be..

[pmd]

Originally Posted by e90-328i

But the fact remains that BMW Canada hates rwd IMO

It was so easy to order RWD 3 years ago when I first got my 08 e90.. I guess a lot of people believe that AWD will save their asses during the winter... yeesh!

[e90-328i]

The biggest problem is some think awd will stop you faster too.

[ELITE_TRAYUNZE]

Do you not have the right to void the contract since the delivery date has been pushed back?...Does it not say on your contract when you will take delivery? Did you agree on paper to the delayed delivery date?

Let's say you refuse to accept the car at the delayed date? I cannot understand why you would lose your deposit in that case.

[BavFan_08]

Originally Posted by e90-328i

I guess he didn't tell you that merc beat them in sales this year in Canada or that Audi has gained alot this year although still a lot less than BMW.
Plus Audi getting rid of quattro is like BMW dropping the 'm'
He more than likey meant they are redesigning it which I sure x drive will be once Audi brings out new version of theirs. Maybe soon x drive will be as good as a range rover in awd.
But the fact remains that BMW Canada hates rwd IMO

Makese sense about Quattro..he was probably just giving me sales pitch..but the numbers he showed me were true...I saw the chart with my own eyes. you are right BMW was neck and neck with Merc, Audi was #3...his chart which was from a monthly email showed BMW #1 (pdf attachment from outlook email or whatever)...again could have been a marketing/sales tactic....Merc's financing rates are unbelievable for lots of models - as low as 1.25%...

[pmd]

Originally Posted by ELITE_TRAYUNZE

Do you not have the right to void the contract since the delivery date has been pushed back?...Does it not say on your contract when you will take delivery? Did you agree on paper to the delayed delivery date?

Let's say you refuse to accept the car at the delayed date? I cannot understand why you would lose your deposit in that case.

The delivery date was verbally agreed on August (it was shown in their system) and it was also written down in the "Picking Up Your BMW" sheet by the business manager. The delayed delivery date was not agreed upon on paper since nobody knew that it was going to be delayed. Apparently BMW AG needs a few number of RWD cars to be ordered in order for them to produce and ship them to Canada. This kinda makes sense from their point of view.

The reason the dealer wants to keep the deposit is due to the fact that I have ordered a car to my tastes and nobody will ever buy a 6MT RWD car as most of the sales are X Drive.

[kirasir]

Are you still trying to get rid of the car? PM me with your phone #, I might be able to take it off your hands.

Thanks

Originally Posted by pmd

The delivery date was verbally agreed on August (it was shown in their system) and it was also written down in the "Picking Up Your BMW" sheet by the business manager. The delayed delivery date was not agreed upon on paper since nobody knew that it was going to be delayed. Apparently BMW AG needs a few number of RWD cars to be ordered in order for them to produce and ship them to Canada. This kinda makes sense from their point of view.

The reason the dealer wants to keep the deposit is due to the fact that I have ordered a car to my tastes and nobody will ever buy a 6MT RWD car as most of the sales are X Drive.

[pmd]

Originally Posted by kirasir

Are you still trying to get rid of the car? PM me with your phone #, I might be able to take it off your hands.

Thanks

I can't seem to PM you since you don't have access to it as of yet

[MrFargo13]

If they keep your deposit, what are the odds that you will go back to the same dealer for another one once you get back on your feet?

My dealer told me that they wouldn't have any trouble selling mine. It's a 328i RWD loaded with options. I'm about 4 weeks away from delivery.

Good Luck!