[MACHT]

I've a question ... and I apologize for being paranoid.

I found a M240i out of state, contacted the dealer and within a day bought it. At this time the vehicle was still at the port. The dealership charged my CC for an initial $1000 deposit the minute I said "yes". I also wired >10K in the meantime as down-payment. I filled out a credit application and BMW FS ran my credit already.

Now the M240i has arrived at the dealership. Per the manager they don't want to deliver it right away though to give "long-time clients" the chance to see it in person. My pick-up date is 12/30.

What do you guys think ... is this legit? What happens if one of their "long-time" clients wants THIS car? Can the dealer still bail? Would they? And if so .. what are my legal options?

Again ... I might be paranoid but in my experience dealerships want you in the car TODAY ... !?

Thanks

[TJZ67201]

I would be worried about them taking it out for test drives and beating the sh!t out of the car, or at least messing up the paint or interior. That's total BS. You paid for the car essentially and are just letting other people poke around it? Sounds scammy AF to me…

[MACHT]

Well .. I actually asked about that. They said IF they're going to let someone drive, it's accompanied by a sales person and only 35-45mph. A max total of 40 miles they said. Under normal circumstances I would've told them to pound salt and bought one from a dealer locally - but right now ... this is literally the only one I found.

My major concern is them not holding their end of the bargain and selling it to someone else. I should be able to hold the legally accountable because the ran my credit already, no?

[Polot]

What paperwork have you signed before just giving them 10k?

[MACHT]

Originally Posted by Polot

What paperwork have you signed before just giving them 10k?

The credit application.

[yanks1]

you should also have the signed order for the vehicle including Manager approval

[MACHT]

Originally Posted by yanks1

you should also have the signed order for the vehicle including Manager approval

Negative. I asked for additional paperwork but was told it needed to be signed electronically upon delivery.

[kumizi206]

I also found a car that was incoming at an out of town dealership. The deposit agreement I signed had the VIN of the car and stated it was to be applied towards a down payment.

As soon as I paid the deposit, sales person told me the car would be kept in the back until I came and picked it up. I also asked them not to wash it. As soon as the car showed up, he sent me a picture of a big sign he had placed on the windshield saying "Sold customer car. Do not wash. Do not sit inside."

[roho3323]

I would demand that the dealer delivers it to you immediately. It's unacceptable for them to show your car to anyone so much as to allow a test drive. No thanks!

It's simple, ask for money back if they can't honor a sales deal. You need to be firm and uncompromising on this one….especially since gave them 11k down site unseen.

[Poochie]

Sounds like they are attempting to renege on the deal, holding out for a buyer that might be willing to pay more for it.

You already gave them 20% of the vehicle's value, tell them to deliver it now or go eat a dick..

If they give you any lip, tell them you'll go to the local news station and have them do a segment on their shadiness.

It's a car, not some priceless piece of art, they'll eventually get another 2 Series soon enough to be able to showcase, if that's what they are truly after..

[Barathon]

In all the test drives that you have ever done, (with or without a sales rep in the car with you) have you ever only driven it 35-45 MPH? Nobody would test drive a car with those restrictions and no CA would actually hold someone to that.

If they let someone test drive the car, that person will drive it however they feel like they need to in order to decide if they want to buy one or not. So them saying that is a major lie right there.

You've already bought the car, at that point there should be nobody test driving it period, it should be marked as sold. If they have it in the showroom it should be locked and marked do not touch.

Since you bought it before it hit the dealership it should have less than 10 miles on it period when you get it delivered. Letting them put another 40 miles on it beating on it is total BS.

That stealership is looking to try to either sell it for more than MSRP or to let some other customers beat on it so that they can get them to order one.

The wait on cars is insanely stupid right now and very painful. I have 2 on order and feel like beating my head into the wall daily but I wouldn't accept that BS. I hate liars in general and dealerships taking advantage of the current situation is getting out of hand. I just wouldn't tolerate it.

I would tell them, they can either deliver the car to you immediately and without letting anyone test drive it or they can give you your money back.

Sure 40 miles is only 40 miles but these cars are supposed to go through a break in process and I just wouldn't be willing to risk having the engine damaged or something else in order to benefit a dealership. If you choose not to follow the break in process and it does cause an issue at least that's on you and was your choice.

What part of Ohio are you in? The Dayton dealerships suck for buying cars but I've been happy so far with my experience at Cinci North. They were actually able to trade an allocation for one that had an earlier production date for me and have helped with other stuff too. They might have a couple other allocations available or be able to get one.

[Barathon]

Actually, here's another idea. Tell them that they can let their long time clients see and test drive the car but then they need to let you take an M8 out for a day and that you'll only put about 40 miles on it, give or take.

When they tell you that they can't do that and all their reasons why, just tell them you fell the same way and the can piss off with that long time customer BS.

[jmase248]

Here's how I would have responded:

"F*** you, and f*** your long term clients. Give me my car before I have to come there to retrieve it."

That car is basically yours and what they're doing doesn't seem right to me.

My CA mentioned someone wanted to see mine before I picked it up and he asked if I was ok with that. I laughed and as soon as I found out my car was at the dealership I showed up randomly and informed my CA that I wanted him to keep my car in the back, away from the floor. He honored my request.

[MACHT]

I appreciate all your feedback and absolutely agree with you!

BUT ..... during those crazy times I was happy to source a car at all. There was none in my state and the other dealer I found one at told me that I could purchase it now but he would keep (and drive) it until he receives another 2 series coupe. So as sad as that sounds ... this one is really my best option.

My real concern is that the dealer sells the car to one of his so called "long-year clients" and tells me to pound sand. And that after taking a deposit, the down payment and running my credit. So the real question is ... is there any legal option (in case the dealer is trying to pull some shenanigans) ?

Thanks

[Polot]

Originally Posted by magica4

My real concern is that the dealer sells the car to one of his so called "long-year clients" and tells me to pound sand. And that after taking a deposit, the down payment and running my credit. So the real question is ... is there any legal option (in case the dealer is trying to pull some shenanigans) ?

Unless you have a signed sales agreement (which is sounds like you don’t), no you don’t have much legal wiggle room, assuming they refund the money you provided them.

Without the signed sales agreement it is legally their car, not yours, and they have no legal obligation to sell it to you. This situation is a tale as old as time (ask many Bronco fans at the moment).

[Lightngsvt]

It does seem a bit shady, what did they say when you said you weren't comfortable and want to take delivery? Did they flat out refuse?

I guess there must be something wrong with me because personally, I wouldn't mind if the dealer wanted to put my car in their showroom for a day or 2 as long as it was locked. If its someone you plan to do future business with it cant hurt to establish a decent relationship. If it was an Alpina, M5 CS, etc I'd probably feel differently, but for a "normal" car not a huge deal. My attitude is a bit weird because once I take delivery then I get very possessive and am very meticulous of how I care for my cars.

[Al Bundy's Dodge]

I'd be demanding my money back immediately

[Polot]

Originally Posted by Al Bundy's Dodge

I'd be demanding my money back immediately

Well, after you have exhausted all other options and are okay with losing the car. Demanding refund immediately just signals to dealer that you are pulling out of deal and then you can be assured that car will be sold to someone else unless you go get it ASAP.


In future though you really should only give down payment, have credit checked, etc, when you are at the dealer ready to take the keys. If a dealer demands more than a typical ~$1000 refundable deposit to order or hold a car they are not worth doing business with. This applies to any automaker.

[Saab Story]

Originally Posted by Barathon

Actually, here's another idea. Tell them that they can let their long time clients see and test drive the car but then they need to let you take an M8 out for a day and that you'll only put about 40 miles on it, give or take.

When they tell you that they can't do that and all their reasons why, just tell them you fell the same way and the can piss off with that long time customer BS.

Genius

[Good 4 2 reasons]

without a signed sales order you really do not have any legal recourse, and even then its difficult to force a company to sell you something if they don't want to. Sales orders are mainly used to enforce a promised price.

[Al Bundy's Dodge]

Originally Posted by Polot

Well, after you have exhausted all other options and are okay with losing the car. Demanding refund immediately just signals to dealer that you are pulling out of deal and then you can be assured that car will be sold to someone else unless you go get it ASAP.


In future though you really should only give down payment, have credit checked, etc, when you are at the dealer ready to take the keys. If a dealer demands more than a typical ~$1000 refundable deposit to order or hold a car they are not worth doing business with. This applies to any automaker.

That's great, because my intent would be to pull out of the deal

[swc5150]

If you don't want anyone driving it, which I can understand, get your money back and buy one elsewhere. There are a few sitting on lots in the midwest, if you don't mind a short flight and half a day's drive home? My dealer has had one sitting there for at least a month now.