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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > New & Preowned BMW Ordering / Pricing / Tracking Information Forum (including European Delivery) > BMW Dealer Reviews + Ratings Forum > Backed out of a deal, need advice



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      07-20-2008, 08:41 PM   #1
tomtom42
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Backed out of a deal, need advice

I sat down with a salesperson at Dealer #1 yesterday, and agreed to a price. He asked me to put down a $1000 deposit so he can secure the vehicle for me. (2008 335i located on a sister lot)

I wrote a check out and signed a one-page "Sales Menu" form that had the agreed upon price. I got a copy of this. This is the only thing he gave me. Nowhere on the form did it say anything about this being a contract or that the deposit was non-refundable. He said the car will be ready for me in a few days.

The next day I get a great offer from Dealer#2 for the same exact specced vehicle. I started googling and researching about getting my deposit back and backing out.

It seems to me that since I did not sign a purchase contract, or accept delivery of the vehicle, that Dealer#1 cannot hold my deposit.

I called Dealer#1 to cancel my order. Obviously they were very angry, told me this isn't how people do business and tried to insinuate that I was purposefully doing this to try to get them to match the quote from Dealer#2. I was not. I just wanted to cancel and go with Dealer#2. I was done with the negotiating. He said that it was a deal since I shook his and his manager's hand and that I can't back out or get my deposit back.

Anyway, salesperson from Dealer#1 was very angry, didn't want to waste his time talking to me and told me to call his manager right now.

I called the salesperson from Dealer#2 for advice and he told me that they can't hold my deposit and that its against California law, and that I should be fine.

I have sent Dealer#1 emails clearly explaining my position, that I did not see this as a contract, and that I have stopped payment on the $1000 deposit check I gave them.

Their attitude was very confrontational and disrespectful. I was very polite on the phone. Should I just ignore them? Can they legally sue me? Should I be worried about anything?

Thanks.

I also posted in bimmerfest: http://www.bimmerfest.com/forums/sho...d.php?t=299506

Am I liable for transportation costs as one person in that thread mentioned?

Last edited by tomtom42; 07-20-2008 at 10:07 PM. Reason: more info
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      07-20-2008, 09:19 PM   #2
Banker335i
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look the law up.
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      07-20-2008, 09:52 PM   #3
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BMW's policy is that all deposits are refundable. Call BMWNA, and let them lay the smackdown.
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      07-20-2008, 11:00 PM   #4
tomtom42
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http://www.1addicts.com/forums/showthread.php?t=6873
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      07-23-2008, 07:25 PM   #5
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You already stopped payment which is good.

Ignore them, but make sure you have your vehicle serviced at dealer #2!
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      07-24-2008, 10:44 AM   #6
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Quote:
Originally Posted by ferrari355fi View Post
BMW's policy is that all deposits are refundable. Call BMWNA, and let them lay the smackdown.
I agree. It'd be one thing for dealer #1 to be upset and then try and match dealer #2, but to pull that shit is just wrong. Call BMWNA and put it on record if anything.
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      11-15-2008, 01:01 PM   #7
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Don't talk such crappola.

BMW NA has nothing to do with dealer policy on deposits, ZERO.
The refund of a deposit is governed by state law, not BMW NA law.
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      11-16-2008, 09:03 PM   #8
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what dealers?
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      11-16-2008, 11:10 PM   #9
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wow they wanted 1k to hold the car for you?? that is wierd i thought it was only 500 to 600 to hold the car for you.. but i guess different dealers charge differently in holding cars.. but you should get your money back if it was only to HOLD the car..
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      11-17-2008, 12:29 AM   #10
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They won't sue you. 1. its gonna cost them way more than 1k to sue you. 2. Deposits are refundable. I got back my deposit from my dealer when I first ordered it. Let them be mad who cares, you saved money and thats good for you. If they wanted your business they would have matched dealer 2s price. So don't worry about it and enjoy your car and start planning mods.
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Mods list got too long, lets just say more than enough.

Last edited by Terrance28; 01-11-2009 at 05:20 PM.
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      01-11-2009, 01:28 PM   #11
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+1

Quote:
Originally Posted by Terrance28 View Post
They won't sue you. 1. its gonna cost them way more than 1k to sue you. 2. Deposits are refundable. I got back my deposit from my dealer when I first ordered it. Let them be made who cares, you saved money and thats good for you. If they wanted your business they would have matched dealer 2s price. So don't worry about it and enjoy your car and start planning mods.
+1 don't sweat it, you'll get your money back and they can swing in the wind.
If they wanted to secure the deal the salesperson would have tried to be slightly more accommodating at first rahter than confrontational.

BTW, if any dealer ever plays the financing didn't go through trick - I had eons ago at a Toyota dealer, after the sale and I went home with the car for a couple of days, take the car back, and say - I need a full refund of all monies now, immediately, period, and see how fast the sales department makes the deal go through at the original price.

And when you are in finance - set a time limit - advise your sales person - 5 to 20 minutes to sign and review contracts (your call) if they lay on the pressure, walk out.
I gave one dealer two warnings - strike one - strike two - and we were on our way out - and the finance guy GRABBED my wifes' arm, luckily she slapped the sh** out of him before I got to him.

That was fun - that was the day my wife switched from Japanese cars to German cars...

Overall I've walked out three times in finance and never regretted it, and backed out of a couple of deals due to unavoidable circumstances.

Deposits should always be on CC so you've got a third party - dealers do not like to mess with Visa, MC or Amex...
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