Car sold out from under me!

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.

Originally Posted by AlmostaBimmer

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.

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.

Originally Posted by AlmostaBimmer

Am I crazy to think that this was completely unprofessional behavior by the dealership?

YES

Originally Posted by AlmostaBimmer

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.

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!

Originally Posted by UncleJ

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!

Wow. That is extremely unprofessional. Care to share the name of the dealership so others know to avoid the place as well?

Originally Posted by bmwKbiker

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.

Originally Posted by AlmostaBimmer

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.

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.

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......

Originally Posted by Campfamily

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......

Absolutely correct, if you made no deposit, you have no claim on the car. You don't have a leg to stand on.

Originally Posted by hhibmw

Absolutely correct, if you made no deposit, you have no claim on the car. You don't have a leg to stand on.

Or four wheels to drive on!

Originally Posted by ksoze

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.

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.

What was the final outcome of this saga?

Originally Posted by Jon Shafer

What was the final outcome of this saga?

Well, has he asked for a name change?

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.

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.

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.

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Originally Posted by homerjay4242

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.

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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.

Originally Posted by AlmostaBimmer

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.

Credit cards are your friend.

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When you "road" motorcycles????

Originally Posted by AlmostaBimmer

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.

I completely understand. I don't blame you for being upset about this,I would be too. With how much thee cars cost, I set really high expectations for CAs and dealerships.

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Originally Posted by homerjay4242

I completely understand. I don't blame you for being upset about this,I would be too. With how much thee cars cost, I set really high expectations for CAs and dealerships.

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You're kidding, right?

Originally Posted by Runon MD1

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When you "road" motorcycles????

Hahaha, man I need to read what I write before hitting send...

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Originally Posted by ProRail

You're kidding, right?

Kidding about what? Being upset if I drove to a dealership to learn the car I wanted to see was sold? Or about having high expectations? I don't feel that either is unreasonable. What did the dealer accomplish by selling that car and not at least calling this guy? Gained one sale and lost another customer? Sorry buddy, but that is bad business. If the dealer played this better, they could have had two sales....

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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.