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  #1  
Old 10-29-2012, 07:17 PM
wayner44 wayner44 is offline
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Re order before previous order arrives?

Hello dealers. I have a important questions. Lets say a customer ordered a car and it is currently in production, but the customer needs to add on an option that he did not know about during the ordering.

Now the dealer says there is nothing they can do but the customer insist on having the option and wants the dealer to reorder the car if the first order can not be changed.

The option we are talking about is the Dynamic Handling package. After some research the customer found out that the X drive models of the 325/335 do not come with a sport suspension even though the sport line was ordered.

So really the Dynamic handling package is a must have in the customers eyes.
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  #2  
Old 10-29-2012, 07:33 PM
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  #3  
Old 10-29-2012, 07:55 PM
wayner44 wayner44 is offline
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Sorry about that. Basically I want to know if the dealer would be able to reorder the car. My dealer told me no because the car I ordered is not a car the dealer would want because it does not have heated seats and people in the north east want heated seats...

He told me that he has to ask the manager and has not gotten back to me yet I assume because of the weather.

Being I do not want the car without the Dynamic Handling Package what is the best thing I should do?

Last edited by wayner44; 10-31-2012 at 01:26 AM.
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  #4  
Old 10-29-2012, 09:07 PM
ard ard is offline
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"dealers" here generally shy away for giving a buyer a straight answer when the result is trouble for another salesman. generally.

So here is the 'magic' behind the curtin: you have ZERO obligation to the dealer to buy that car (unless you signed abinding purchase contract which is virtually unheard of in the US)... likewise they dont need to sell it to you. Their ability to sell the car to someone esle is not your worry at all. (and their excuse, no heated seats, is laughable...they can sell it.)

Now, they might be pissed off and might refuse to order you another- or may want MSRP.

Just call a sponsor, set up a PCD and take a weekend trip...

Are you getting a killer deal? I suspect not, and they think that have you bamboozled into thinking you have to go forward.... A great tactic might be to send the rep a note and say "Great News- I've found another dealer to order my car and I'll get it on a PCD. This way you dont need to worry about re-ordering. Thanks for trying, I appreciate the effort."

One other thought- the dealer is ordering a car from BMWNA as a wholesaler to be delivered to the DDEALER. It is THEIR car, right up until the moment you take it off the lot. it is not- in BMWNAs mind- YOUR car... it might have your name associated with it, but legally (and morally) it isnt your problem. IMO
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Last edited by ard; 10-29-2012 at 09:14 PM.
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  #5  
Old 10-29-2012, 09:13 PM
wayner44 wayner44 is offline
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what is a PCD?
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  #6  
Old 10-29-2012, 09:22 PM
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miamiboyca miamiboyca is offline
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Quote:
Originally Posted by ard View Post
"dealers" here generally shy away for giving a buyer a straight answer when the result is trouble for another salesman. generally.

So here is the 'magic' behind the curtin: you have ZERO obligation to the dealer to buy that car (unless you signed abinding purchase contract which is virtually unheard of in the US)... likewise they dont need to sell it to you. Their ability to sell the car to someone esle is not your worry at all. (and their excuse, no heated seats, is laughable...they can sell it.)

Now, they might be pissed off and might refuse to order you another- or may want MSRP.

Just call a sponsor, set up a PCD and take a weekend trip...

Are you getting a killer deal? I suspect not, and they think that have you bamboozled into thinking you have to go forward.... A great tactic might be to send the rep a note and say "Great News- I've found another dealer to order my car and I'll get it on a PCD. This way you dont need to worry about re-ordering. Thanks for trying, I appreciate the effort."

One other thought- the dealer is ordering a car from BMWNA as a wholesaler to be delivered to the DDEALER. It is THEIR car, right up until the moment you take it off the lot. it is not- in BMWNAs mind- YOUR car... it might have your name associated with it, but legally (and morally) it isnt your problem. IMO
+1

PCD = is Performance Center Delivery. Its in Greer (Greenville) SC and as part of the delivery you get to drive their cars around the track for the day. Along with teaching you a few things about your car. There is a whole forum dedicated to it. Check it out

http://www.bimmerfest.com/forums/forumdisplay.php?f=136
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  #7  
Old 10-29-2012, 09:29 PM
wayner44 wayner44 is offline
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Yea I am not interested in going to south carolina. The only problem with this situation is they took a trade in and I used around 3k from the trade in as equity for the lease.

Last edited by wayner44; 10-31-2012 at 01:31 AM.
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  #8  
Old 10-29-2012, 09:32 PM
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miamiboyca miamiboyca is offline
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So they applied 3K as the deposit on the new car? In most states a deposit is fully refundable.

You don't have to get PCD, it was just a cool option. You can still deal with a sponsor (most will ship to your location with minimal or no extra cost)

You may want to contact one directly for some advice on how to proceed.
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  #9  
Old 10-29-2012, 09:36 PM
wayner44 wayner44 is offline
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I do not know anything about dealing with a sponsor or how to proceed.

Last edited by wayner44; 10-31-2012 at 01:34 AM.
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  #10  
Old 10-29-2012, 09:43 PM
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1. You dont have to do the PCD... they just need to THINK you might!!!!

Its called negotiating, bluffing and positioning....

2. What is you legal position? What have you signed? I mean if you died would they require your heirs to take the car??? Unfortunately, YOU need to figure this part out as the dealership surely doesnt want to let you out of this.

Sure, lets hope they say OK- but I wouldnt count on it...why should they?

Finally, I ordered a 2009 and the day it arrived at the dealer they annouced the 2010 would also get the $4500 eco credit. I didnt like the way the beige carpet looked in the 2009 and just told them I didnt want it. They sold it that weekend. I was unable to reach a deal on the 2010 from them, they didnt want to. (Bought it from antoher dealer...long story, but lemoned that 2010...and bought a replacement 2012 from..guess who? yup, the original guys.)

A
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  #11  
Old 10-29-2012, 09:47 PM
wayner44 wayner44 is offline
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miamiboy said "I can still deal with a sponsor" Who are the sponsors and how can I get a better deal from them? Sorry I am clueless about this.
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  #12  
Old 10-29-2012, 10:26 PM
wayner44 wayner44 is offline
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Sorry I found the section thanks

Last edited by wayner44; 10-31-2012 at 01:36 AM.
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  #13  
Old 10-29-2012, 10:32 PM
ard ard is offline
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Quote:
Originally Posted by wayner44 View Post
miamiboy said "I can still deal with a sponsor" Who are the sponsors and how can I get a better deal from them? Sorry I am clueless about this.
Maybe do a search for the word "sponsor" and look at the posts that come up... you will find various users with "sponsor" names.. like the name of a dealership, etc. They also have a 'sponsor' forum if I recall.

I dont know if you can get a 'better' deal as we dont know the current deal... but reading around you will get the sense that 'invoice plus $xxx is generally how sponsor deals work. Trade ins are problematic.

But really, at the end of the day, you just need to get educated to be able to better deal with these guys.

GL

A
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  #14  
Old 10-29-2012, 11:30 PM
Greg@Pacific BMW Greg@Pacific BMW is offline
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Ok... Hold up... How can you do a trade in for a car that has not arrived yet? And use that towards downpaymemt.?.. You can not contract a car that is not on the ground at he dealership yet..... You can always reorder a car that is no big deal... If you traded your car in and there was $3k equity, just have them cut you a check and start over.... Buddy you need to call me ASAP.
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  #15  
Old 10-29-2012, 11:34 PM
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Jon Shafer Jon Shafer is offline
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Quote:
Originally Posted by Greg@Pacific BMW View Post
Ok... Hold up... How can you do a trade in for a car that has not arrived yet? And use that towards downpaymemt.?.. You can not contract a car that is not on the ground at he dealership yet..... You can always reorder a car that is no big deal... If you traded your car in and there was $3k equity, just have them cut you a check and start over.... Buddy you need to call me ASAP.
+1

Call and re-order with Greg.
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  #16  
Old 10-30-2012, 06:11 AM
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mclaren mclaren is offline
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Originally Posted by wayner44 View Post
miamiboy said "I can still deal with a sponsor" Who are the sponsors and how can I get a better deal from them? Sorry I am clueless about this.
On the grey band at the top of this page it has "Site Sponsors". These include dealers.
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  #17  
Old 10-30-2012, 08:17 AM
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miamiboyca miamiboyca is offline
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Wayne,

Just contact Greg Poland - (a sponsor) and he can help you out.

Also some advice -
  1. Most of the information you need is readily available here, but you have to do some of the leg work. Search is your friend.
  2. You can post something and expect people to respond within minutes, you have to be a little more patient.
  3. Your deal... provide the details. What kind of deal did you get? What did you sign? Did they keep your car? Did you right them a check, etc.

Just my 2 cents.
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  #18  
Old 11-01-2012, 09:52 AM
wayner44 wayner44 is offline
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My dealer has not gotten back to me within a couple days regarding reordering the car. Can someone tell me how I can get my deposit back? This is the form I signed before I left the dealer.

Front: http://i.imgur.com/OL7zg.jpg
Back: http://i.imgur.com/XtjlG.jpg
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  #19  
Old 11-01-2012, 09:55 AM
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miamiboyca miamiboyca is offline
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Originally Posted by wayner44 View Post
My dealer has not gotten back to me within a couple days regarding reordering the car. Can someone tell me how I can get my deposit back? This is the form I signed before I left the dealer.

Front: http://i.imgur.com/OL7zg.jpg
Back: http://i.imgur.com/XtjlG.jpg
Are you sure your dealer is open considering Sandy? Have you reached out to a sponsor as I suggested?
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  #20  
Old 11-01-2012, 10:15 AM
wayner44 wayner44 is offline
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Yes the dealer is open. I have talked to Greg and he told me to contact a dealer in NJ (where Sandy hit) and that dealer has not gotten back to me yet.
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  #21  
Old 11-01-2012, 10:57 AM
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As I mentioned, I am no lawyer but the details in red lettering tell me if they did not lock in all the financial details with you and you signed it - you are entitled to your deposit back. But again - I am a lay person.

Did you get a good deal? How much over invoice price? Also some new incentives came out so that may help your price.
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  #22  
Old 11-01-2012, 11:29 AM
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I am not giving legal advice....

That document is incomplete and is likely not binding. It was asked before: did you provide a trade in or downpayment yet???

There is a downpayment 'retained damage' clause, but they fail to list an amount.

The clause ALSO says "unless this is non-binding because you are arranging credit"... so from the 'memo' section, this WILL be a lease and therefore will be 'arranging credit' and hence is non-binding.

How did you pay the deposit? Credit card, I hope. Has it been charged?

Personally I'd send them a certified letter, (copy fax) and state that you are cancelling, that the contract was non-binding, that they owe you the deposit, and that you've contested [or whatever] the charge with the credit card company.

Then buy the car elsewhere and deal with these jokers later.

Thats me....you need to get your own legal advice. And never sign another purchase agreement.

A
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Old 11-01-2012, 11:36 AM
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miamiboyca miamiboyca is offline
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I am not giving legal advice....

That document is incomplete and is likely not binding. It was asked before: did you provide a trade in or downpayment yet???

There is a downpayment 'retained damage' clause, but they fail to list an amount.

The clause ALSO says "unless this is non-binding because you are arranging credit"... so from the 'memo' section, this WILL be a lease and therefore will be 'arranging credit' and hence is non-binding.

How did you pay the deposit? Credit card, I hope. Has it been charged?

Personally I'd send them a certified letter, (copy fax) and state that you are cancelling, that the contract was non-binding, that they owe you the deposit, and that you've contested [or whatever] the charge with the credit card company.

Then buy the car elsewhere and deal with these jokers later.

Thats me....you need to get your own legal advice. And never sign another purchase agreement.

A
The deposit was the result of the equity in his trade in.
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  #24  
Old 11-01-2012, 12:46 PM
ard ard is offline
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Originally Posted by miamiboyca View Post
The deposit was the result of the equity in his trade in.
Right, but it is unclear how they can accept a trade prior to purchase.... while they may physically have the car, I suspect legally it is still his... unless he has signed over the title, or a power of attorney to allow the dealer to legally transfer title.

Indeed, they may simply be 'holding' his car on their property until the new car arrives.

Which if they are (AND THERE HAS BEEN NO LEGAL TRANSFER), I'd just swing by and drive it home (provided he has the spare key). if it is his car, they have no right to hold his property.

Again, just my two cents.

And OP should note the following on the agreement:

Quote:
"If you agree to assist me in obtaining financing for any part of the purchase price, this order shall not be binding upon you or me until all of the credit terms are presented to me in accordance with Regulation "Z" (Truth-in-Lending) and are accepted by me. If I do not accept the terms when presented, I may cancel this order and my deposit will be refunded"
Given that the contract attached is incomplete and fails to meet regulation z (or M i think for leases) I suspect this is not binding. ( A downpayment, monthly and lease period are NOT a complete disclosure.)

Legally, given the above language (and NY State law) your best play may be to simply refuse any and all financing offers- refuse to provide your SSN, and refuse to approve any loan docs. Once you have refused these in writing, they must cut you a check for the trade in (or return the car) and you are done.

Here is the real problem- they do this crap for a living and OP is out of his element...they will bluster, threaten and ignore- and OP needs to pick a path and execute...and eventually prevail. If you focus on 'getting my money back first' it will be long and painful. IMO

A
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  #25  
Old 11-01-2012, 01:30 PM
wayner44 wayner44 is offline
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Yes I did sign the title to the car over to them. The equity from the trade went towards the deposit. Which was 3413.

I got the car for 600 under invoice.

I would go to the dealer and demand my money back but they probably wont give it to me anyways. I am not sure if I should contact a lawyer or if I can get my money back without one.

Last edited by wayner44; 11-01-2012 at 01:34 PM.
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