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Intmdtr
12-03-2018, 11:26 AM
I know this will be a touchy subject.

So Mr. B, a business owner wants to purchase a new company truck before years end to avoid having to conduct more maintenance to his current vehicle before the snow flies...(he is updating his fleet).

Mr B goes in to a dealer in September to buy a 2018 model truck, because the incentives are good. No 2018’s available in the configuration he wants. So he opts to order a 2019 (pays $500 deposit)and is told it will be delivered before the end of the year.

Fast forward to now...dealer in question has avoided Mr B, won’t return phone calls etc. Mr B has yet to be given a build date or any information. Mr B needs this truck now to avoid spending a couple k in maintanence. Mr B speaks with manager at is treated very rudely and is told truck will be here when it gets here....

Mr B now wants out of the deal because he is not happy with how he is being treated. Is promptly told he cannot get out of the deal as it will cost him more then his initial $500 deposit. Mr B speaks with another reputable dealer that is happy to work with him, but when told he is locked in somewhere else that they can’t help him.

How does Mr B get out of this contract as the dealer hasn’t produced on their end of the contract? They tell him it will be late Feb before he will get his truck....

PM me if it’s best to discuss. I have already told Mr B who I recommend once this is finalized.

Armen
12-03-2018, 11:35 AM
How is going to cost him more than his initial deposit?

billcaitken
12-03-2018, 11:48 AM
I would say its a 2019 Super Duty, next build is in mid Jan pending now delays, weather is always a big one in the mid west.
Ordered 2 - 2019 F250's for a customer in September and had them on ground last week of October, I assume the dealer had no allocation to order if its taking that long.
If dealer gave written confirmation that truck would be on ground before year end, there's your out. Call OMVIC and start a case

92redragtop
12-03-2018, 11:57 AM
If there is a date on the order and they miss it, and if the deposit was paid by credit card, it may be possible to open a chargeback dispute with the credit card bank for G&S Not Delivered to get the deposit transaction reversed. The only supporting documentation the seller would have is the one with the date on it which doesn't help them - unless there is other fine print that they have a unilateral right to change the delivery date without the buyer's acceptance.

Laffs
12-03-2018, 12:01 PM
Did Mr B sign an offer to purchase or purchase/finance contract? What were the terms as stated. Is there any documentation of the promise to deliver the vehicle prior to year end of 2018?

I'd gather up all the documentation I have signed or been provided at this point and contact OMVIC to see what my rights/obligations are. More than likely if he only signed an offer to purchase and no purchase/finance contract he can walk away but lose his initial deposit.

FWIW unless he order ordered some ridiculously niche spec truck (base model with no power options but 22" wheels and monster stereo, lime green with brown interior) my feelings would be that it is more worthwhile for the dealer to merely accept that order in to inventory and not further push the sale, than to deal with the fallout from forcing a customer in to an agreement begrudgingly as more than likely should he have to go forward with it, they will have lost all his warranty/service business, and any potential referral.

All this is personal experience or feelings, not a lawyer so don't construe it as legal advice.

Laffs
12-03-2018, 12:05 PM
I would say its a 2019 Super Duty, next build is in mid Jan pending now delays, weather is always a big one in the mid west.
Ordered 2 - 2019 F250's for a customer in September and had them on ground last week of October, I assume the dealer had no allocation to order if its taking that long.
If dealer gave written confirmation that truck would be on ground before year end, there's your out. Call OMVIC and start a case

Can also be a Ram, they only recently opened 2019 order banks after a delay. First runs are scheduled for 2nd week of Jan 19 I believe.

Quicksilver
12-03-2018, 12:36 PM
I would say its a 2019 Super Duty, next build is in mid Jan pending now delays, weather is always a big one in the mid west.
Ordered 2 - 2019 F250's for a customer in September and had them on ground last week of October, I assume the dealer had no allocation to order if its taking that long.
If dealer gave written confirmation that truck would be on ground before year end, there's your out. Call OMVIC and start a case

I was that client. Bill did a fabulous job for us, knowing that I needed the trucks in time for the snow season. Another dealer told me that they simply could not promise such a delivery, but Bill pulled some strings and got them, to our exact specifications. unfortunately we wound up taking an '18 F-550 (he went to extra-ordinary lengths to get it for me) instead of one of the 250's, so if he still has it he's got a beautiful f-250 4 door diesel with nav, plow package and a bunch of other good stuff.
I cannot imagine ever buying a Ford from anyone other than Bill. (there was a whole clusterf-k with another dealer who had a '19 that he simply wouldn't give to Bill, but that's another story)

Oh., and by the way. We did the whole deal on a handshake.

5.4MarkVIII
12-03-2018, 05:20 PM
would agree that is depends on the original terms. if they told you up front that there was no guarantee date or that it would be the new year, then I think you might be dicked, but if they said it will be before that or provided a date and have passed it then it may be a different story.

I would play devils advocate and say that most times delays are something a dealer has no control over and can be just as frustrating for them. this by no means excuses rude behavior. but try and work with them see what they do.

I run into this all the time in my business where the manufacture gives an eta we give that to the customer and then the manufacture changes that eta. we always do our best to stay on top of that and inform customers of any changes of find other sources or option s that may work. but some times we get cases like the one Saturday where the customer was told when they ordered it would be three weeks and then after 2 weeks changed tier mind and came in raising a stink and demanding a refund. (which my employee gave, now I'm stuck with a special ordered unit that I have to pay for that showed up this morning.


sounds like a crappy issue for all involved and sounds like they didnt handle it well. hope it works out for you

Intmdtr
12-04-2018, 02:56 PM
Well Mr B received a call from the regional manager. Mr B no longer has to deal with the dealership and Mr B will have a new truck on Friday.

Said dealership got reamed so hard they now have bays large enough to accept 747’s

1quikgt
12-05-2018, 12:03 AM
Sounds like Mr B visited the other Mr B and now has a F250 with nav, plow package and a bunch of other good stuff.:cool:

Intmdtr
12-05-2018, 10:47 AM
Sounds like Mr B visited the other Mr B and now has a F250 with nav, plow package and a bunch of other good stuff.:cool:
No, but if he does have one of those, him and I should be talking.

billcaitken
12-06-2018, 12:07 PM
No, but if he does have one of those, him and I should be talking.

I actually do have one....

http://heritageford.ca/view/new-2019-ford-super-duty-f-250-srw-xlt-263761/

Laffs
12-06-2018, 05:11 PM
I actually do have one....

http://heritageford.ca/view/new-2019-ford-super-duty-f-250-srw-xlt-263761/

I'm a pretty die hard Ram truck man, but those new Alumi-Dutys are real real real nice units.

Quicksilver
12-06-2018, 05:56 PM
I'm a pretty die hard Ram truck man, but those new Alumi-Dutys are real real real nice units.

This is the one I ordered but didn't take. We did take the 19 F-250 Larriat 6.7. Incredible truck! Honest to God, unless someone told you you would not know you're driving a diesel

5.4MarkVIII
12-06-2018, 07:45 PM
I actually do have one....

http://heritageford.ca/view/new-2019-ford-super-duty-f-250-srw-xlt-263761/

is that MKS ecoboost, AWD?

Laffs
12-06-2018, 07:52 PM
This is the one I ordered but didn't take. We did take the 19 F-250 Larriat 6.7. Incredible truck! Honest to God, unless someone told you you would not know you're driving a diesel

No doubt. But man that diesel engine cost premium coupled with the price of diesel really pumps your ROI way way back on all these "HD" rigs.

billcaitken
12-06-2018, 08:25 PM
is that MKS ecoboost, AWD?

yes sir

Quicksilver
12-07-2018, 10:26 AM
No doubt. But man that diesel engine cost premium coupled with the price of diesel really pumps your ROI way way back on all these "HD" rigs.

Actually I tend to agree. With diesel fuel 25% higher now it makes me wonder if I did the right thing.