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BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > General E90 Sedan / E91 Wagon / E92 Coupe / E93 Cabrio > went to pick up my 335i and it was sold??



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      07-16-2010, 04:21 PM   #45
Ignignokt
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Originally Posted by slimysnails View Post
when i was still looking for a car, i called a place in nj in the morning to ask if they still had two vehicles i was interested in. they said yes so i drove there only to find out BOTH cars were sold days ago. they tried to sell me something else...the ol' bait and switch.
Is that legal?
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      07-16-2010, 04:27 PM   #46
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Is that legal?
prob not but the scene i caused was pretty hardcore lol
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      07-16-2010, 05:20 PM   #47
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kinda had a somewhat similar situation w/ Irvine BMW. When i was shopping for my car, i found 2 cars at Irvine BMW. They were both EXACTLY identical. All the same options, etc. The only difference is that car A had something like 13miles on it and had been kept inside the showroom. Car B had 105 miles on it, and had been kept outside on the lot. However, they've had car A for longer than Car B, so car B was actually listed at $1000 more.

So for 4 days i was negotiating over Car A. I was in San Diego at the time (1.75hrs away) and when we finally came to an agreement i said i'd drive up in 2 days to buy it. When i get there, Car A has been sold, and so they were selling us Car B. We made a pretty big stink about it, but all they ended up doing really is giving us Car B for the same price as negotiated (since it was listed as $1000 more than Car A.)

Not a huge deal i guess, but it's the principal of it that really steamed me.
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      07-16-2010, 05:25 PM   #48
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wow, sorry to hear but not surprised.. they'll do most anything to make a sale and money talks..
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      07-26-2010, 08:04 PM   #49
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I bought my 335i a few months ago and I think I rem seeing two cheaply priced 335i in nj for around 27k I rem thinking there two good to be true. Did the pictures of them show the cars on a checkerboard floor? All other 335i I saw were around 31k and said to myself something fishy there and ended up never driving over to look.
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      07-26-2010, 09:31 PM   #50
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DJ Player, you have an update on the story?
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      07-26-2010, 10:39 PM   #51
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I think the whole deposit argument that you guys are bringing up is a moot point. The dealer said he didn't need to make the deposit even if the OP insisted you can't make a dealer do something that they themselves do not want to do. It was probably late that night and the dealer didn't want to go through the process. I agree with money talks though you can't make a salesman take a deposit when he doesn't even want to do it himself.
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      07-26-2010, 10:42 PM   #52
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That happened to me as well. Sucks man.
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      07-26-2010, 11:07 PM   #53
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If you rely to your detriment (trip, mileage, gas, time, etc) on a promise (to not worry about paperwork, car will still be available), and the promise is broken (car sold to someone else and you were not informed), then you have legal recourse. Granted it isn't likely to be worth the time and money, but just let the dealership know you aren't stupid. They'll likely cut you a deal just go STFU and GTFO.
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      07-27-2010, 12:48 AM   #54
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Quote:
Originally Posted by ///Mik3 View Post
kinda had a somewhat similar situation w/ Irvine BMW. When i was shopping for my car, i found 2 cars at Irvine BMW. They were both EXACTLY identical. All the same options, etc. The only difference is that car A had something like 13miles on it and had been kept inside the showroom. Car B had 105 miles on it, and had been kept outside on the lot. However, they've had car A for longer than Car B, so car B was actually listed at $1000 more.

So for 4 days i was negotiating over Car A. I was in San Diego at the time (1.75hrs away) and when we finally came to an agreement i said i'd drive up in 2 days to buy it. When i get there, Car A has been sold, and so they were selling us Car B. We made a pretty big stink about it, but all they ended up doing really is giving us Car B for the same price as negotiated (since it was listed as $1000 more than Car A.)

Not a huge deal i guess, but it's the principal of it that really steamed me.

Irvine bmw pulled this on some dude a few weeks ago. Situation was that one of my boys was in the market for a titanium package '08 RS4 and he found one that popped up at Irvine bmw with 24k miles. being local, he called and they said oh yea come by but some guy from San Francisco is headed down here right now to check it out so you might want to come quick. He ended up going there and signed papers as the dude from SF (whom he was certain did not exist) showed up and asked to see the RS4 to buy it. Guy got rocked hard. probably like 6-7 hours of driving just to see my buddy rolling off the lot with his RS4. CASH IS KING


Dealers are people selling something. No matter what, cash in hand wins every single time even if it means that a verbal promise is broken. I just think that it'd be easier for these dealers to deal with an irate potential customer if they tell em the news over the phone before they drive all the way over there and waste time and gas.
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      07-27-2010, 09:05 AM   #55
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Originally Posted by Willizm View Post
I think the whole deposit argument that you guys are bringing up is a moot point. The dealer said he didn't need to make the deposit even if the OP insisted you can't make a dealer do something that they themselves do not want to do. It was probably late that night and the dealer didn't want to go through the process. I agree with money talks though you can't make a salesman take a deposit when he doesn't even want to do it himself.
Let's talk about deposits for a moment.

A deposit (in most states) is merely an indication by a prospective buyer that they are "interested" in a product. Since deposits are always fully refundable, they also commit the seller to nothing.

Deposits are a scam by car dealers into tying you emotionally to a car - the dealer can always say "sorry, sold, here's your deposit back."

In addition, while the dealer is quick to take a cash deposit, the "refund" will always be via "check in the mail" that gives them a few days (or weeks) of interest on your money.

Deposits give you no security but are of great benefit to the dealer.

I've driven 12 hours to buy a car and have never put down a deposit. Buy the seller, not the product.

In this case it is obvious that the seller a bit shady.
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      07-27-2010, 09:49 AM   #56
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im sorry to hear about your dealership woes...sucks that u had to drive out for nothing. hopefully you end up with a car better condition/priced than the what the douchebag was trying to sell you before. btw, was the salesman's name doug or steve butabi?
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      07-27-2010, 11:00 AM   #57
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There is no valid contract until there is "consideration"...if you intend to enforce the contract, you must put up "consideration" $$'s (deposit) to make it binding! I did the same thing with a private party when I bought my BMW...but he was local guy, really, really needed to sell and knew I was getting the cashier's check and would meet him the next morning...DMV @ 8!...If the deal was going to hang for, say over the weekend or something..I would have insisted on placing a deposit to prevent what happened here!
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      07-27-2010, 12:27 PM   #58
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Originally Posted by spitpilot View Post
There is no valid contract until there is "consideration"...if you intend to enforce the contract, you must put up "consideration" $$'s (deposit) to make it binding!
Wrong.

http://legal-dictionary.thefreedicti...ssory+Estoppel
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      07-27-2010, 12:53 PM   #59
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Quote:
Originally Posted by spitpilot View Post
There is no valid contract until there is "consideration"...if you intend to enforce the contract, you must put up "consideration" $$'s (deposit) to make it binding! I did the same thing with a private party when I bought my BMW...but he was local guy, really, really needed to sell and knew I was getting the cashier's check and would meet him the next morning...DMV @ 8!...If the deal was going to hang for, say over the weekend or something..I would have insisted on placing a deposit to prevent what happened here!

You are confusing a deposit with a binding agreement.

In the automotive world, a deposit is merely a one way demonstration of interest on your part as in "here is $1000 so you know I'm interested." When the dealer accepts your deposit he is merely saying "thanks for showing interest. It'll become binding on our side once we've signed papers. In the meantime, your deposit will just make you more emotionally attached to the car so that we can jerk you around more. Thanks for the interest free loan."

In the OP's case, the whole purpose was to get him to the dealership.
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      07-27-2010, 02:38 PM   #60
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Great discussion and interesting, the thing you have to be careful about is mixing contract laws and common laws. Many states when no formal contract is involved like a purchase of a house they fall back to common laws about transactions. The most simplest of this is if two people agree to enter into an agreement to sell/buy something and a price is agree upon it is binding at that point, neither party can back out at that point.

As you all know it happen all the time, people some times part ways with no words said, and other times people get upset and you have the above situation and many times no one is willing to take it to the next level which is civil court.

If you research common laws in your state on sales transactions you could go after someone civilly if they failed to hold up their side of the deal. Most dealer know this and are not afraid to screw you in the process. However, if you know what you are talking about and are familiar with your states laws you can convince the dealer to make you whole or else.

Last edited by Maestro; 07-27-2010 at 03:56 PM.
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      07-27-2010, 04:29 PM   #61
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OH that was supposed to be yours?? jk jk tough luck tho hopefully it was an auto and you want a stick now
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      07-28-2010, 04:56 PM   #62
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DJ Player, you have an update on the story?
I don't think he will have any updates to his story. Perhaps he is a player as well. Just look at the OP's nickname.
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      07-28-2010, 08:08 PM   #63
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I don't think he will have any updates to his story. Perhaps he is a player as well. Just look at the OP's nickname.
You're probably right. But it was developing interestingly. And now I got to learn about contact and common law. Who whould have thought that?
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      07-28-2010, 08:59 PM   #64
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Damn this thread makes me feel like I paid too much for my CPO 07. White coupe with sport package and navi, 35k for 29,000. Did I pay too much?
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      07-28-2010, 11:38 PM   #65
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$29K seems about right
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      07-29-2010, 10:10 AM   #66
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You're probably right. But it was developing interestingly. And now I got to learn about contact and common law. Who whould have thought that?
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