E90Post
 


Bimmer Retrofit
 
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



Reply
 
Thread Tools Search this Thread
      07-20-2008, 08:41 PM   #1
tomtom42
Registered
 
Drives: 335i
Join Date: Jul 2008
Location: CA

Posts: 2
iTrader: (0)

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
tomtom42 is offline  
0
Reply With Quote
      07-20-2008, 09:19 PM   #2
Banker335i
Second Lieutenant
 
Drives: BMW 2008 335i
Join Date: Jan 2008
Location: Washington

Posts: 271
iTrader: (0)

Send a message via AIM to Banker335i
look the law up.
Banker335i is offline  
0
Reply With Quote
      07-20-2008, 09:52 PM   #3
nnnnnnnnnnnnnnnnnnnnnn
Lieutenant
 
Drives: 1
Join Date: Jan 2008
Location: 2

Posts: 469
iTrader: (0)

BMW's policy is that all deposits are refundable. Call BMWNA, and let them lay the smackdown.
nnnnnnnnnnnnnnnnnnnnnn is offline   United_States
0
Reply With Quote
      07-20-2008, 11:00 PM   #4
tomtom42
Registered
 
Drives: 335i
Join Date: Jul 2008
Location: CA

Posts: 2
iTrader: (0)

http://www.1addicts.com/forums/showthread.php?t=6873
tomtom42 is offline  
0
Reply With Quote
      07-23-2008, 07:25 PM   #5
David 12
Captain
 
David 12's Avatar
 
Drives: 2014 M5 BSM
Join Date: Jan 2007
Location: Omaha

Posts: 882
iTrader: (0)

You already stopped payment which is good.

Ignore them, but make sure you have your vehicle serviced at dealer #2!
David 12 is offline  
0
Reply With Quote
      07-24-2008, 10:44 AM   #6
MrSteak
Lieutenant
 
Drives: 08' 335i Coupe (6-speed)
Join Date: Mar 2007
Location: New York

Posts: 525
iTrader: (0)

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.
__________________
ED & PCD = DONE & DONE! 08' AW/Coral 335i coupe 6-speed (Premium Pkg, Sports Pkg, Heated Seats) *European Delivery
MrSteak is offline   United_States
0
Reply With Quote
      11-15-2008, 01:01 PM   #7
anderson007
Private
 
Drives: 330cic
Join Date: May 2007
Location: ct

Posts: 84
iTrader: (0)

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.
anderson007 is offline  
0
Reply With Quote
      11-16-2008, 09:03 PM   #8
audibmw
Enlisted Member
 
Drives: 2013 328i
Join Date: Feb 2008
Location: Orange County, CA

Posts: 36
iTrader: (0)

what dealers?
audibmw is offline  
0
Reply With Quote
      11-16-2008, 11:10 PM   #9
jaceaholic
thestream.tv
 
jaceaholic's Avatar
 
Drives: e92 sparkling graphite
Join Date: Jan 2008
Location: irvine

Posts: 3,098
iTrader: (7)

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..
__________________
http://img152.imageshack.us/img152/1087/carsu.jpg
jaceaholic is offline   United_States
0
Reply With Quote
      11-17-2008, 12:29 AM   #10
Terrance28
Brigadier General
 
Terrance28's Avatar
 
Drives: Crimson Red E92
Join Date: Nov 2007
Location: Killeen, TX

Posts: 3,336
iTrader: (17)

Send a message via Yahoo to Terrance28
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.
__________________
Mods list got too long, lets just say more than enough.

Last edited by Terrance28; 01-11-2009 at 05:20 PM.
Terrance28 is offline   United_States
0
Reply With Quote
      01-11-2009, 01:28 PM   #11
Coral528i
New Member
 
Drives: 528i
Join Date: Jan 2009
Location: SoCal

Posts: 7
iTrader: (0)

+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...
Coral528i is offline  
0
Reply With Quote
Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 08:00 AM.




e90post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST