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      08-07-2008, 03:52 PM   #47
dbtheo
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Drives: 2005 330i ZHP cic, 2021 X5 40i
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Quote:
Originally Posted by All4One View Post
I really like you dbtheo Thanks!:smile: but i will have to disaggree with you for the first time. You see, the arrangement was not a contract, there were no specific language that says so.

That is the dilemma we are facing now as customers and probably dealerships. The normal dynamics of purchasing has changed from this 1 series and perhaps also in the past for cars being newly introduced. The reasonable expectation from a person purchasing a car from your end (dealerships) is completely different from the perspective of the buyer. To map out the process,
1. you agree on a price.
2. You tender a deposit to reserve the product. Delivery time unknown.
3. Wait till the product becomes available.

As you realize, in between those steps, a lot of loopholes will arise. here are my points. When you put a deposit, is there a document signed with agreements on it? I think there is none. If none, then the legal system will be the re-course (now, it could vary from state to state). Same with the expectation of time of delivery-there is none outline, what 6-7-8 weeks on and on. The production number given is not even a guarantee to have a vehicle. You see, the open-ness of the transaction gives both parties a lot of re-courses. Classic example is the A and B case. A put a price, B offers a lower price, C-customer backs out from A. The open market nature of the business developed this environment.

Another point, the transactions outlines a historical approach by salesmen and i believe that is what you are pointing out. The "I
got you approach" . You see, the traditional sales mechanism goes like this... "C" gets into a dealership, agree on the price and goes 2 ways.. roll out the product and its a done deal.The second one is a little similar to what the reservation process that we have on the 1 series. A or B will hold the price and the product for you if you tender a commitment until X time. The difference with the 1 series, the product is not there, so the promise is both ways. "I will secure a product for you if you give a commitment" no time elements, no commitment on the delivery date. So the philosophy of "I have given you my word" can not withstand legal scrutiny except for some states. Now, poster "Mega" you created a scenario like this on one of your threads. In some states that a verbal contract holds, you are "toast". It is good you are not here in california.

I cannot speak to his particlular circumstance as far what was signed, because he has not mentioned it. But I would assume that most, if not all, BMW centers do as we do:
  • We identify the product to be purchased
  • Define specifications if need be
  • Agree on price
  • Locate or select needed allocation (make sure pricing is correct)
  • Write up a buyers/ purchase agreement. All parties sign including manager.
  • secure deposit
  • place order
We will not custom order vehicles, just to order them. We must have signed purchase order with deposit. I am assuming the OP had to do the same, if he didn't that's one thing. But if he did, then imo, he re-nigged. Granted it was to his benefit. I'm not mad at him, doesn't mean I have to agree with it though:iono:
Also, we put the clients production & or vin on those forms as well. It becomes their vehicle. Now I understand, there have been some cases of dealers either providing numbers or a promise of a number & then something "happening" . But I think we can all agree that is generally the exception, not the rule. Heck, I have benefited from a couple of those "exceptions". But again, if either or both of the OP's dealerships ordered cars without signed agreements or money or whatever, then each got what they deserved for doing sloppy business.
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