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      05-11-2009, 05:40 PM   #1
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Thumbs down Bad experience at Tischer

Two weeks ago I make the approximately 70 mile roundtrip from where I live to Tischer BMW in Silver Spring. I meet with the internet sales manager (Manny - really nice guy) and drive two cars - an '06 330 and '06 325i. At the end of the test drive I decided on the 325 because it was exactly what I wanted in terms of miles, features, and price. We sat down, negotiated a price with which we were both happy, drew up a purchase order (signed by me and the finance manager) and I went on my way. That was on Wednesday night. The CA and I trade emails and calls on Thursday and Friday and we agree on a delivery date on Monday night after work. On Thursday I head to my credit union to sign papers and pick up the loan check.

Fast forward to Monday: my girlfriend and I make the ride up to the dealer after work. Rush hour + rain + 495 = a terrible drive. Nonetheless, we show up and the car is outside and ready to go. I walk in, the manual and keys are there on the desk ready to go. I sit down start to sign the requisite paperwork and after about 20 minutes the finance manager comes over to the desk. He says "I'm sorry, but the price we agreed to was only good until the end of the month. Now that we're in May, the price is actually $1100 more." Basically, he told me that in order to take the car home that day I would have to pony up the money so the dealer didn't take a 'loss'. I was stunned. Needless to say, I just left without taking delivery of the car. The day after I spoke with the used sales manager at the dealership and they admitted they made a mistake and said they would split the difference with me. Again, I couldn't believe my ears!

And the kicker on the entire thing is that I looked on the Tischer website today and the car that I wanted to buy is actually listed for $7 LESS than the price that we originally agreed to. Amazing.

The whole experience really left a bad taste in my mouth with Tischer. I'll never (attempt) to buy another car from them or any of their affiliated dealerships again. The whole thing was a waste of my time, energy and money.

With the market the way that it is and literally hundreds of preowned BMW's on autotrader and within 75 miles of my area, I'll just take my money elsewhere.
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      05-11-2009, 05:52 PM   #2
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wow...
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      05-11-2009, 05:58 PM   #3
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Very surprising given how great Evan and Jason are with parts & accessories. This is pretty much the worst example of business acumen. I would have flipped out on these guys and made a scene right there in the showroom for all to see. I'd also write a letter to BMW of N.A. to tell them about your experience. Don't know if it would help you, but I'm sure they'd give them the dope slap you should have given these guys. Once signed, a deal is a deal.
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      05-11-2009, 05:59 PM   #4
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When I was looking and deciding on my car, once my credit app was approved, and we verbally agreed on a price it was good for 60 days in case the lease rates changed from month to month to secure the previous low rate, or allow me to get the new low rate. They just tried some real shady business and got what the deserved, no business.
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      05-11-2009, 06:24 PM   #5
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Wow I couldn't help but laugh. I may rethink my future online purchases from them now. I know parts has nothing to do with their car sales, but business is business.
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      05-11-2009, 06:42 PM   #6
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Damn.

Obviously this has nothing to do with Evan and Jason. I have seen how disconnected my dealer's service dept, parts dept, and sales dept are, so as long as getbmwparts.com has great prices and service, I will shop with them.

But wow, that is some pretty serious dealer scumbaggery on Tischer's part.
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      05-11-2009, 06:57 PM   #7
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OP - sorry to hear that. I'd write up a nasty letter to BMW NA about this dealer, then CC Tischer BMW.

Unless you want to be "the better man".........F it!
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      05-11-2009, 07:00 PM   #8
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PM Me I used to sell BMW I can advise you of the very illegal move they made and how you can actualy end up the wiser
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      05-11-2009, 07:03 PM   #9
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I don't understand.

How does a car "appreciate" in value from one month to another?

Tisher BMW.....FTMFL.....
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      05-11-2009, 07:04 PM   #10
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you know whats even funnier evan just ate a HUGE over night bill to keep me a happy Customer because they forgot to ship a part I was waiting on! now mind you the part was 290 shipping was almost double that..............and these jerk offs want you to split the difference on there fuck up? now I am getting heated and its not my deal lol I would have gotten in the car looked at the manager and told him to POUND SAND
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      05-11-2009, 07:22 PM   #11
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Quote:
Originally Posted by AoshichanX View Post
Well it's good that you discovered the price difference--I am assuming $7 = $7k?.

If you've signed a contract with the dealership and the dealership breaches the contract claiming a mistake, you are probably entitled to damages for the breach.

Here we have a unilateral mistake, meaning this was a mistake made by only one party. For a valid rescission of the contract there are a few factors
  • A basic assumption for which the contract was made
  • The mistake must have a material effect on the exchange of performances
  • The party seeking relief must not bear the risk of the mistake.
AND
  • The mistake is such that enforcement of the contract would be unconscionable (shockingly unfair)
OR
  • The other party (you) had reason to know of the mistake or his fault caused the mistake.

The basic assumption here is the value of the car for the agreed-price.

The material effect must show that Tischer would not have made the contract had it not been for the mistake. Further, Tischer must show the resulting imbalance in the agreed exchange is so severe that Tischer cannot fairly be required to carry it out. This does not appear to be the case. Tischer will have a hard time arguing the $1k or so difference was severely unfair.

Tischer, as the alleged disadvantaged party, will not be able to avoid the contract if the risk of that mistake is allocated to itself. Tischer through both the SA and the FA, proceeded with the contract which they had considered to be reasonable at the time of the sale.

So, Tischer will have to argue that either enforcing the contract would be unconscionable or that the other party (you) had reason to know of the mistake or that it was your fault which caused the mistake. Unconscionability is determined if Tischer will be harmed severely if forced to perform and also that the other party (you) have not relied on the contract. There is reasonable reliance here, you've driven 1k in miles plus gas and time. Further, Tischer, again, will have a hard time arguing that by selling you the car at the agreed upon price, they will be suffering so severely that it would be unconscionable.

In the very least you can sue for reliance damages for the gas, miles, and time you have incurred while relying on the contract.

You are also likely entitled to the vehicle at the negotiated price if you pursue legal action.

Note: Evan and Jason@Tischer are Internet Parts: different department and great guys.
Thanks for this - it sounds like you've taken contracts before. By $7, I mean actually $7.00. The listed price on the website is $7.00 less than what we negotiated on the purchase order.

And it was definitely Tischer's mistake - I had NO idea that there was a time limit on the purchase order and they even admitted it the day after.

I thought about threatening small claims court, but the fact is they could sell me the car for $10,000 and I still wouldn't want to buy it based solely on principle. It's not about the money. If we negotiated the same deal and it happened to be $1100 more, so be it! I would have shown up with a check for that amount and been done with it...
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      05-11-2009, 07:23 PM   #12
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Quote:
Originally Posted by Dubbedoutbimmer View Post
you know whats even funnier evan just ate a HUGE over night bill to keep me a happy Customer because they forgot to ship a part I was waiting on! now mind you the part was 290 shipping was almost double that..............and these jerk offs want you to split the difference on there fuck up? now I am getting heated and its not my deal lol I would have gotten in the car looked at the manager and told him to POUND SAND
Ha ha. At the time I was just stunned and couldn't believe it was happening. I kept thinking they would stop me when I was walking out....but nope...
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      05-11-2009, 07:38 PM   #13
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What a bunch of appalling clowns.
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      05-11-2009, 07:46 PM   #14
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if you signed a contract the price and related conditions should be spelt out there. yoiu should check that with a fine tooth comb.

making a mistake by either party is not an excuse.

would they allow you to freely back out of the contract if you changed your mind a few days after signing? i doubt it, and you shouldnt let them get away with it.
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      05-11-2009, 07:51 PM   #15
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i like how bunch of people here jump in "bash-tischer" bandwagon... i am willing to bet that half of them don't even know where tischer is...

you know what dealers do? they sell cars for... PROFIT. stop your crying and go buy your car somewhere else.

and speaking of splitting the difference.... i sold my old car and the lady i sold it to, took it to the shop next day. the shop had to replace the catalytic converter (i kinda new that they may want to do that, because the car had 127,000 miles on) and some other shit for $900. the lady called to tell me that, not really expecting anything from me. i offered to pay half of the repairs. that made her extremely happy, and made me feel good that i did a right thing and did not fuck over a person, who bought my old car, so i could buy a brand new BMW.
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      05-12-2009, 03:10 PM   #16
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Hey guys, just stumbled upon this thread and forwarded to our Center Operator, Larry Sevrin....

Quote:
lkw15, today I read your posting and was very disappointed in Tischer as well. At Tischer we talk every day about doing what is right and taking care of the customer. At the end of the day, we are a people business, and someone on our team made a bad decision without all the information that was required. The dealership should have made the deal that night. People can count us to do what is right. Our people reputation is that when things do go wrong, we step up and do our best to fix it or do the right thing. In the case of your car, I am very interested in addressing this with you even if it is just to send you and your girlfriend out for a nice evening on Tischer. Please contact me via the info below. We do try to get it right; we did not this time.

Thank you,
Larry Sevrin
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301-890-3000
lsevrin@mileone.com
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      05-12-2009, 03:14 PM   #17
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Quote:
Originally Posted by lkw15 View Post
Two weeks ago I make the approximately 70 mile roundtrip from where I live to Tischer BMW in Silver Spring. I meet with the internet sales manager (Manny - really nice guy) and drive two cars - an '06 330 and '06 325i. At the end of the test drive I decided on the 325 because it was exactly what I wanted in terms of miles, features, and price. We sat down, negotiated a price with which we were both happy, drew up a purchase order (signed by me and the finance manager) and I went on my way. That was on Wednesday night. The CA and I trade emails and calls on Thursday and Friday and we agree on a delivery date on Monday night after work. On Thursday I head to my credit union to sign papers and pick up the loan check.

Fast forward to Monday: my girlfriend and I make the ride up to the dealer after work. Rush hour + rain + 495 = a terrible drive. Nonetheless, we show up and the car is outside and ready to go. I walk in, the manual and keys are there on the desk ready to go. I sit down start to sign the requisite paperwork and after about 20 minutes the finance manager comes over to the desk. He says "I'm sorry, but the price we agreed to was only good until the end of the month. Now that we're in May, the price is actually $1100 more." Basically, he told me that in order to take the car home that day I would have to pony up the money so the dealer didn't take a 'loss'. I was stunned. Needless to say, I just left without taking delivery of the car. The day after I spoke with the used sales manager at the dealership and they admitted they made a mistake and said they would split the difference with me. Again, I couldn't believe my ears!

And the kicker on the entire thing is that I looked on the Tischer website today and the car that I wanted to buy is actually listed for $7 LESS than the price that we originally agreed to. Amazing.

The whole experience really left a bad taste in my mouth with Tischer. I'll never (attempt) to buy another car from them or any of their affiliated dealerships again. The whole thing was a waste of my time, energy and money.

With the market the way that it is and literally hundreds of preowned BMW's on autotrader and within 75 miles of my area, I'll just take my money elsewhere.
wow, that last part about the car now being $7 less, is a douche move..
usually when a cars sitting in a lot, the price goes down not up..
typical slime ball salesmen technique.
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      05-12-2009, 05:04 PM   #18
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Well, I just got off the phone with Larry, the center operator for Tischer. He recognized that they made a mistake and apologized - and even offered to buy my girlfriend and me dinner which I thought was a nice gesture.

I think it was a pretty genuine effort to rectify the situtation and I guess I stand corrected. We all make mistakes, and its how you address those mistakes that really matters. I appreciated their honesty and effort to get in touch.

So maybe I will rethink my decision...and might get away with a car that was $7.00 cheaper...
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      05-12-2009, 07:02 PM   #19
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Post pics after you "rethink" your decision .........
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      05-12-2009, 07:18 PM   #20
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Quote:
Originally Posted by lkw15 View Post
Well, I just got off the phone with Larry, the center operator for Tischer. He recognized that they made a mistake and apologized - and even offered to buy my girlfriend and me dinner which I thought was a nice gesture.

I think it was a pretty genuine effort to rectify the situtation and I guess I stand corrected. We all make mistakes, and its how you address those mistakes that really matters. I appreciated their honesty and effort to get in touch.

So maybe I will rethink my decision...and might get away with a car that was $7.00 cheaper...
I hope everything works out for you. I also drove to Tischer to meet Manny but he had left early that day. No one bothered to come out to see if I needed any assistance. I walked into the dealership ask for Manny. When I was informed that Manny had left for the day, I got in my car and left. I bought my car somewhere else.
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      05-12-2009, 07:28 PM   #21
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What kind of dinner? Thousand dollar dinner? Or we talking sizzlers?
Jokes aside, that's good they're stepping up and trying to fix their screw-up.
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      05-12-2009, 07:29 PM   #22
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Quote:
Originally Posted by solefald View Post
i like how bunch of people here jump in "bash-tischer" bandwagon... i am willing to bet that half of them don't even know where tischer is...

you know what dealers do? they sell cars for... PROFIT. stop your crying and go buy your car somewhere else.

and speaking of splitting the difference.... i sold my old car and the lady i sold it to, took it to the shop next day. the shop had to replace the catalytic converter (i kinda new that they may want to do that, because the car had 127,000 miles on) and some other shit for $900. the lady called to tell me that, not really expecting anything from me. i offered to pay half of the repairs. that made her extremely happy, and made me feel good that i did a right thing and did not fuck over a person, who bought my old car, so i could buy a brand new BMW.
So PROFIT > honesty? No wonder we got into this financial crisis.
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