Oh great...-_-

[superpowers]

So, as some of you may know. I ordered my 135i on June 23rd. Expecting it to have a July production, I have just been informed that my dealer got "rejected" in sending in the production. Thus, leaving my vehicle to be here in November.

Good news is, they do have a 135i at port at Vancouver ready to be shipped. Only difference is that this 135i includes a premium option. Which I am fine with. This is what my car was originally:
********ALL CANADIAN PRICING*********
Alpine White 135i, $41,700
Auto w/ M-Paddles, $1,700
M-Sport Pkg, $1,600
Premium Sound, $1,500
Comfort Pkg, $3,000
Glass Sunroof, $1,500
--------------------------
This gives me $51,000

And dealer offered me $2000 off the entire final price. (after freight, taxes, and what not.)

The vehicle they have on port in Vancouver consists of:

Alpine White 135i, $41,700
Auto w/ M-Paddles, $1,700
M-Sport Pkg, $1,600
Premium Pkg, $3,800
Comfort Pkg, $1,500
USB Integration, $425
Ski Bag, $230
---------------------------
This gives me $52,455

Also offering me $2000 off the final price. (After tax, freight, what not.)
Now, the dealer wants me to pay $2300 for this vehicle to be transported here and won't budge at all. The difference here from what I've calculated only equals to $1,455.

So I then offer the dealer $1500. And they wouldn't even make a move at all. I'm getting very impatient because my car was promised to me to be here in August, and now they missed it. And I gotta pay $2,300 more for something that I don't even necessarily need.

I have yet to speak to the GM of the dealership...should I?

[BrokenVert]

You should. This happened to me. I grabbed a car that had everything I wanted on it except premium audio while it was on the boat over here. I got 6K off (USD) for my troubles.

[1013mm]

i had no problem waiting a year.... :\

[DVDA]

Tell them to give you the car at the port for the same price you paid for your order. Tell them if they dont you will sue for contract breach.

They probably wont budge cause they know the cost of a law suit (for you) would exceed the cost you lost in difference between cars....but its worth a shot if you sound threating lol

P.S. I dont know jack about Canada law and my speciality is Tort Law (Personal Injury) so the only contracts is know is what i learned years ago in law school :-D

[superpowers]

^ I am so tempted to do that tomorrow. I am going to got here and @#$#% at them about not fulfilling their delivery date! Is that even reasonable?

[dbtheo]

Originally Posted by DVDA

Tell them to give you the car at the port for the same price you paid for your order. Tell them if they dont you will sue for contract breach.

unless they specifically included in an official contract a promised delivery date that would have no basis. They'll still delivery the contracted vehicle, just later than he would like. If he agrees to the new vehicle, everything else out the window. New car, new contract. They are not obligated to do anything else, sucks, but that's the way it is.

[dbtheo]

Originally Posted by superpowers

^ I am so tempted to do that tomorrow. I am going to got here and @#$#% at them about not fulfilling their delivery date! Is that even reasonable?

I think you need to try & simply be reasonable with them. Truth is, we have no control over delivery dates & build times. All those things are subject to change. If BMW moved your production slot to a 2010 model, then it's moved. I know it's not what you want to hear, good luck.

[JeF4y]

With around an 8% markup (not including any incentives that the dealers get from the MFR), the dealer would have $2196 in profit left in the car you're looking at. I would think they could bend a bit more without hurting.

I would definitely talk to the GM's of the dealer and let them know the situation and that you find this situation wholly unacceptable in buying a BMW. It's not like you're buying a $20k rat-trap, you're buying a $50k import...

[amiller212]

I just don't understand why they think you (or anyone) would go for this. Tell them you don't want the car.

As previously mentioned, it sucks that you'll have to wait longer but it's better then paying an extra 2k "delivery" cost.

[JeF4y]

Originally Posted by amiller212

I just don't understand why they think you (or anyone) would go for this. Tell them you don't want the car.

As previously mentioned, it sucks that you'll have to wait longer but it's better then paying an extra 2k "delivery" cost.

AND you'll likely be getting a 2010 instead of an 09.

[DVDA]

Originally Posted by dbtheo

unless they specifically included in an official contract a promised delivery date that would have no basis. They'll still delivery the contracted vehicle, just later than he would like. If he agrees to the new vehicle, everything else out the window. New car, new contract. They are not obligated to do anything else, sucks, but that's the way it is.

I thought he order the car and tendered payment, thats part performance on the contract.

Also since I am an asshole i would say "how convenient it was for my order to be rejected so you can get more profit off the MSRP increase on the 2010, I think you waited and had it rejected on purpose just to screw me, I am going to call C.R. and let them know what a bad dealership this is that steals from people, also when the car arrives I will be giving you 0s and letting corporate know of your misrespentation"

but thats just me, I like giving people a hard time

[dbtheo]

Originally Posted by DVDA

I thought he order the car and tendered payment, thats part performance on the contract.

He may have, & they can still deliver that particular car to him, it will just be at a date later than he would like. They may or may not be screwing him on the "delivery fee", but it's his choice. But since dealers can't truly gaurantee delivery times, I'm going to assume the only thing on the contract is for specific options @ a specific price. There is no obligation to sell a different car with more options for the previous price. New car, new deal.

[superpowers]

Hmm...although I understand about it being a "new car, new deal" situation. The reason why I went through with purchasing a car was because I was promised that the car will be here by August.

I feel now that my SA is very inconsistent. Over the phone he said he would charge me around $1400 more, but when the transaction was going through, he said there's an extra $900 more. Seems like a lot of hidden fees.

What I'm complaining about is, because they weren't able to get me my vehicle here in time(not only was I promised by SA, but 2 other managers) I would pay for the extra, since it's the "new car, new deal" situation. The delivery charges should not be at my charge because they weren't able to get me a car in the first place.

eh?

*By the way, down payment was given on June 23rd. I was waiting all these days thinking the car was to be in production. Just to clarify any confusions.

*Gave a call to the GM, he's in a meeting...

[superpowers]

Alright, I called the GM. He acknowledged my problem. I then received a phone call from my SA...asking me to split the delivery charges. I'm still a no-go on that, because I feel that I was promised that I would get a vehicle by August since I strictly said, "i'm not buying the vehicle unless I can get one by August" before handing the down payment.

SA said, "well, I guess I'll have to pay for the delivery charges myself...let me get back to you."

Let's see what's going to go down...

[DVDA]

Good call on that "i am not buying the vehcile unless I can get it by August" this is the basis of the bargain....

If they told you, you would have it by August then they made an EXPRESS warranty to you and you bought the car for that reason. Going back on their word would make them liable.

You cant sue for specific performance since they probably really cant get your car into production but they owe you a remedy, I would push for the more expensive car @ the price you paid


Again disclaimer: My field is Torts & Products Liability in the U.S. I dont know much Contract theory in U.S. and even less in Canada

[superpowers]

Fantastic news guys. Spoke with the GM. Deal is set for $1400 difference that I am paying more for premium, usb, and skibag.

Car will be here in 8~ days. However, vacation time is soon here for me...so I'll be picking up the vehicle when I return.

Thanks!

New car:

2009 Alpine White 135i
M-Sport
Premium Package black boston leather
Comfort Access Package
Ski bag
USB audio integration
Auto w/ M-Paddles

AWWWWWW YEYEYEYE


*edit*
let's hope he kept his word on giving me those free rubber floor mats too now...I feel like a nuisance calling them back to ask about the mats...

[DVDA]

Bah $1400!

I wouldnt have budged, made them cover ALL the cost! Why didnt you consult me first!

[superpowers]

It would've been nice if I didn't have to pay that $1400. However, I saw that it was justifiable paying for something that I never had in the first place. Because I do get premium package...which I never ordered in the first place.

What I did not see justice was the delivery charges. Although I'm Asian, I'm not THAAAAAAAAAAT cheap. hahahaha

[otterdoc]

Originally Posted by superpowers

It would've been nice if I didn't have to pay that $1400. However, I saw that it was justifiable paying for something that I never had in the first place. Because I do get premium package...which I never ordered in the first place.

$1400 for the Premium Package is a good deal, and it's a pretty nice set of options. It wasn't on my minimum build specs, but I worked it into the deal (for a lot more than 1400!) and I'm really glad I have it, now.

As I've quoted before, "The best deal is one you're happy with." Glad you'll be getting your 1er before the end of summer! Congrats!

[Lester]

Nice upgrade, why noy fly to Vancouver and drive it back? Tell your dealer to have it prepped at a local Vancouver dealer. $1,400 would pay for a one way Westjet ticket, hotel, a couple of nice BC salmon dinners, and tickets to a Lions game! And you'd still have money left over for gas and burgers on the way home.

[dbtheo]

good job

[JeF4y]

Originally Posted by Lester

Nice upgrade, why noy fly to Vancouver and drive it back? Tell your dealer to have it prepped at a local Vancouver dealer. $1,400 would pay for a one way Westjet ticket, hotel, a couple of nice BC salmon dinners, and tickets to a Lions game! And you'd still have money left over for gas and burgers on the way home.

If I understand the scenario correctly, the $1400 is not for transportation, but the addition of the Premium Package over what he originally ordered.