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Car sold out from under me!

17K views 37 replies 29 participants last post by  BMW.Nick 
#1 ·
I posted this in the 5-series forum, but realized that this might be the more appropriate spot:

I've been going back and forth for several months trying to decide whether to go with a 5-Series or hold out (and save up) a bit more and buy an Audi A7 (the A6 is ugly IMHO). This Wednesday, I got an email Tuesday night from my sales contact at Midlothian (VA) BMW who informed me that they had just gotten one last 2011 535i in exactly the color I wanted and with virtually all the options. The discount he was offering was pretty good (particularly for this dealership, who generally prices on the high side).

I went the very next day (Wednesday) for a test drive and indicated that I needed to think about it overnight. The next day (Thursday) I exchanged several emails with my salesguy, culminating with a 5:00 p.m. email exchange indicating that I was bringing my wife by with me that night to make the final decision, at which point I was assured the car was still there. Based on our conversations throughout the day, he could be quite confident I was coming to buy the car.

I left work early (6:15 is early for me) and drove out of my way to the dealership and had my wife meet me there. As soon as I got out of the car, my sales guy tells me that the car was no longer available as he personally had taken a deposit on the car over the phone just 5 minutes before I got there. At no point did the salesman suggest that I needed to give him a deposit to hold the car for the 2 hours before I would be able to come by my dealership (or even indicate that it was possible to give a deposit over the phone).

Am I crazy to think that this was completely unprofessional behavior by the dealership? I wouldn't have any gripe if they had sold it sometime during the day on Thursday, but to have taken a TOTALLY REFUNDABLE phone deposit from somebody else when he knew I was on the way to the dealership to buy the car really pissed me off. In my mind, I had already bought the car and had my checkbook with me to write a check for the full amount.

Again, this was a good deal on the 535i, but not ridiculous. I saved about $3,500 over a 2012 535i equipped exactly as I wanted, but I would have to drive a couple of hours to Northern Virginia to get that deal.

Rightly or wrongly, this has soured my view on getting a BMW at all as I don't want to even see those guys when I go to my dealership for service. I'm guessing it looks like an A7 after bonus time in the Spring for me.
 
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#2 · (Edited)
The way that works for me is: no deposit, no car.

Your situation looks to me of one of misunderstanding mixed with ambivalence so the salesperson simply did his job of selling cars to whoever is first to put a deposit and actually reserve a car. Unfortunately you did not.

Just do not make the same mistake with the A7 purchase. Live and learn.
 
#3 · (Edited)
Am I crazy to think that this was completely unprofessional behavior by the dealership?
YES

In my mind, I had already bought the car and had my checkbook with me to write a check for the full amount.
If you were committed to should have told your CA so, and then he may have asked for a deposit.
In the CA's mind another party (your wife) needed to approve the purchase.

PS: Its likely another CA at the dealership found the final buyer, this is normal operating procedures at most dealerships.
A CA needs to close the deal to lock out another CA on a car or even an allocation.
 
#27 ·
If you were committed to should have told your CA so, and then he may have asked for a deposit.
In the CA's mind another party (your wife) needed to approve the purchase.

PS: Its likely another CA at the dealership found the final buyer, this is normal operating procedures at most dealerships.
A CA needs to close the deal to lock out another CA on a car or even an allocation.
Yep, when I bought my 335 they wanted a $1000 deposit and I said I was still on the fence she said she'd hold it for 5 days free (we had bought cars from her prior), and had I gone in with my cashier's check a day later and someone bought it I'd have blamed my own indecision, not them running a business. Now I did get screwed BAD on resale by the dealer management, and while that will hurt me doing business with them ever again, I chalk it up to being my fault.

Looking at things logically and rationally even if it costs money or you lose a deal still should provide satisfaction in that it's a learning experience, and helps you not to get too bent out of shape.
 
#4 ·
Not unheard of. We put a deposit down on a 3 series coupe order. When after a long time had passed we asked about when our car would come in -- the response after much hemming and hawing was that it was sold to another customer. This was on an ordered car with a deposit and it was sold out from under us. Yes we did get the deposit back and yes we went down and bought an A4, more content at a significant savings. Will never darken that door again!:mad:
 
#6 ·
Rightly or wrongly, this has soured my view on getting a BMW at all as I don't want to even see those guys when I go to my dealership for service. I'm guessing it looks like an A7 after bonus time in the Spring for me.
That seems a bit much and probably shows more of your unsureness about buying a BMW. Is it possible the salesman picked up that ambivalence? A bad experience with a BMW salesman and a good one with a Kia salesman would not drive me into the arms of thae Kia.
 
#10 · (Edited)
Precisely my thoughts.

By the OPs post, he was signalling that he had not made the "final" decision... and the wife needed to be there.

In the future, simply commit over the phone and give them a deposit- IT STILL IS CANCELLABLE! (Unless your state allows otherwise)

If it make you feel better, don't buy a BMW....But keep in mind your issue is with a salesman at a dealership - nothing to do with "BMW". The people that design and build the car are BMW & BMWNA- unrelated to the dealership.
 
#7 ·
The sales guy did what was best for him. You did not make a commitment to buy the car and you clearly need your wife's approval which does not always go well.
 
#8 ·
No money, no commitment. The first guy that came in with the money got the car. Now if you had given him a deposit, would be a different story......
 
#9 ·
Sorry, if you're really interested in a car, put a 500 deposit on them. I would be a little irritated if this was a dealer that I had 5 deals under the belt. This is what happens. You played on the fence....they had a buyer.

If there's are car I'm interesting in, I put a deposit on...despite being a long term customer. Helps to migitage these problems.

Good luck, I'm sure you'll find another car.
 
#14 ·
Well, has he asked for a name change?:dunno:
 
#15 ·
I'm kind of on the salesman's side on this one. A bird in the hand is worth 2 in the bush when you're trying to put food on the table, and after " months" of training to make a decision, I don't blame him for going with a sure thing, instead of waiting for somebody to stop dragging their heels.
 
#16 ·
The polite thing for the CA to do would have been,IMHO, to call you when someone else was getting ready to put a deposit down. However, I would not expect this to happen. Personally, I always leave a deposit over the phone doing business. In another life, when I road motorcycles, I would find the bike I wanted, get a price and then pay in full over the phone even if the dealer had several in stock. Just made my life easier.

Sent from my DROIDX using Bimmer
 
#17 ·
The polite thing for the CA to do would have been,IMHO, to call you when someone else was getting ready to put a deposit down. However, I would not expect this to happen. Personally, I always leave a deposit over the phone doing business. In another life, when I road motorcycles, I would find the bike I wanted, get a price and then pay in full over the phone even if the dealer had several in stock. Just made my life easier.

Sent from my DROIDX using Bimmer
I honestly didn't even think that it was even possible to give a deposit over the phone -- he had never indicated that was an option.
 
#23 ·
In this world, if you snooze, you lose. I don't think the dealer did anything wrong here. Why should a car dealer hold onto a car that one person makes a firm commitment to buy while another hasn't decided? There was no bait and switch here -- another customer had decided to buy the car first.
 
#24 ·
There are other cars. Don't get hung up over this one. If you like the car, simply have them look for another one, or order it yourself.

You were unsure, he had a sale in hand, he has a job to do, you know.
 
#25 ·
The salesman did nothing wrong here. A customer test drove a car, negotiated, then said he'd have to think about it. Another customer decided he'd buy the car. Until you put a deposit down you have no claim to the car.
 
#30 ·
Basic human nature. Youre not really sure you want something until it is gone. Seeing that really nice leather coat on sale, last one on the rack, waiting a few days to buy it because you aren't sure. Go to the store three days later to buy it and it is gone. That is when you realize how badly you wanted it. I learned from that. If I see something I want and the price is right, I dont wait. You all know what I'm talking about lol.
 
#31 ·
Money talks....not sure why you would be mad at him. I am sure there are many other cars exactly like what you want at another dealer. I have been screwed many times in the past on deals waiting for the person who said they "wanted" something, but never actually paid. (not cars but other things like watches, jewelry, etc)

The dealer did nothing wrong...should have made your schedule different or found a way to go look at the car sooner and pay for it.
 
#32 ·
How about this: $500 check deposit, car ordered to specifications, car comes in and sold to another customer. No notification, of car coming in. Only when questioned about "where's our car" did the dealer admit it had been sold to someone else. I often wonder what would have happened if I had not called the Salesman to ask him where the car was. Needless to say we demanded (and got) the deposit back and will never go near that dealer again.:mad: Went down and bought an A4 Quattro off the showroom floor for less money and much greater content than the 3 series we had ordered.:angel:
 
#33 ·
I guess I too would be a wee bit upset, but as others have stated, you showed a good deal of hesitation with statements like "I need to think about it" or "my wife needs to see it" or "I need to sleep on it".....with no offer of a deposit. I have spent a number of years in retail and these are all signs of a NO SALE to a sales person...not positive from the dealer's point of view.

Despite this, I would still give the BMW brand (as well as another top notch dealer) a chance as one bad experience at one particular dealer should not sour anyone on the brand...

Just my opinion...

Cheers,
 
#36 ·
Paul Miller BMW did this to me.. even though I had a deposit on the car! It was a CPO car so def couldn't just find another one. Happened almost 9 years ago... life goes on.
 
#37 · (Edited)
What was the final outcome of this drama? Does AlmostaBimmer still feel he got shorted?
 
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