Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help



Go Back   PeachParts Mercedes-Benz Forum > General Discussions > Off-Topic Discussion

Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 10-31-2007, 07:34 PM
Registered User
 
Join Date: Jan 2005
Posts: 25
"Prestigious" dealer needing lesson in honoring commitments

I purchased three cars (2005 SL500 and two 2007 GL450s) from a "prestigious" dealer in Bergen County, New Jersey. I had been wary about buying my latter vehicles at this dealership as I had less-than-stellar experiences with the SL500. I nonetheless bought the latter vehicles there due to its relative proximity to my home.

I found a low-mileage CPO vehicle on its website and placed a credit card deposit on the car through the salesperson (for one of the GL405s) on a Tuesday late afternoon. I told the salesperson that, as long as the car had no issues, I would purchase it on the following day.

During the very same Tuesday evening, a different customer visited the dealer and agreed to pay about $2500 more for the same vehicle. The sales manager decided to sell the vehicle despite the fact I had placed a deposit.

I learned about the incident on Wednesday morning. The sales manager kept referring to the situation as a "miscommunication" despite having acknowledged selling the "held" vehicle for a higher price. It wanted to make amends by selling a different vehicle to me!

I wanted to "vent" some steam about this "prestigious" dealer in Bergen County, New Jersey. More importantly, I wanted potential customers to be cautious. I will steer away potential customers....

Reply With Quote
  #2  
Old 10-31-2007, 07:45 PM
BamaMB's Avatar
Ima fix'n to
 
Join Date: May 2004
Location: Birmingham AL
Posts: 110
Sounds like you had a contract. They need to honor that contract or make restitutions.
Reply With Quote
  #3  
Old 10-31-2007, 08:20 PM
MTI's Avatar
MTI MTI is offline
Registered User
 
Join Date: Nov 2002
Location: Scottsdale, Arizona
Posts: 10,626
Quote:
Originally Posted by PH1958 View Post
I told the salesperson that, as long as the car had no issues, I would purchase it on the following day.
If this were Kingsford's Contract Law class, then the question to Mr. Hart would be, "Was there a contract for the sale of the car?" The classic elements are 1) competant parties; 2) valid consideration; 3) intent to contract and to be bound by the contract.

With regard to "intent to be bound" there could be a problem since the "as long as the car had no issues" created a condition precedent that had to be satisfied. The tender of a "downpayment" typically does not create a binding contract, but tends to be more a showing of good faith. A better method, particularly when dealing with a merchant would have been to purchase an "option" to buy with separate money.

BTW, this dealership . . . are the intials R.C.?
Reply With Quote
  #4  
Old 10-31-2007, 08:37 PM
David R. Smith
Guest
 
Posts: n/a
Is it possible that they were playing "bait and switch"? A local Chevrolet dealer does this all the time with Corvette's. He lists them on his website at an attractive price, and when you show up, the car has always been sold. They always have a similar car for 4 or 5 thousand more.

Many years ago, I put a healthy deposit down on a used 280SEL 4.5 at a MB dealer. I explained that my wife was at the mall and that I wanted her name on the title as well. About an hour later we returned and the car was nowhere to be seen. The sales manager "explained" that another salesman had sold the car by mistake, and here was our deposit back.I stopped giving deposits for anything on that day, my money is green and it spends anywhere, why let people play around with me?
Reply With Quote
  #5  
Old 11-01-2007, 08:59 PM
Registered User
 
Join Date: Jan 2005
Posts: 25
The dealer is in Paramus, NJ.
Reply With Quote
  #6  
Old 11-01-2007, 09:00 PM
Hatterasguy's Avatar
Zero
 
Join Date: Nov 2002
Location: Milford, CT
Posts: 19,307
Tell them to go F themselves and go to another dealer. Their are must be a ton in NJ.
__________________
2020 GMC Sierra Denali
2007 Tiara 3200
Reply With Quote
  #7  
Old 11-01-2007, 09:45 PM
Larry Delor's Avatar
What, Me Worry?
 
Join Date: Jun 1999
Location: Sarasota, Fl.
Posts: 3,112
I would ask that salesguy to check their records on your purchases, ask him to add up the total dollar amounts, and then tell him your not going to ever spend another penny there, and it is his fault, and you hope his underwear gets infested by camel lice.
__________________
It is a truism that almost any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so. Robert A. Heinlein


09 Jetta TDI
Reply With Quote
  #8  
Old 11-01-2007, 09:54 PM
BENZ-LGB's Avatar
Strong, silent type
 
Join Date: Apr 2001
Location: Southern California
Posts: 1,663
Quote:
Originally Posted by MTI View Post
If this were Kingsford's Contract Law class, then the question to Mr. Hart would be, "Was there a contract for the sale of the car?" The classic elements are 1) competant parties; 2) valid consideration; 3) intent to contract and to be bound by the contract.
Try again...if you are referring to The Paper Chase then it is Professor Charles W. Kingsfield, Jr. played by the one and only John Houseman.

The rest of the analysis is missing just one element (although I guess you can say that your #3 covers it). The final element is "offer and acceptance."

There was an offer (the advertised vehicles) and an acceptance (taking the cc deposit).
__________________
Current Benzes

1989 300TE "Alice"
1990 300CE "Sam Spade"
1991 300CE "Beowulf" RIP (06.1991 - 10.10.2007)
1998 E320 "Orson"
2002 C320 Wagon "Molly Fox"

Res non semper sunt quae esse videntur

My Gallery

Not in this weather!
Reply With Quote
  #9  
Old 11-01-2007, 10:05 PM
MTI's Avatar
MTI MTI is offline
Registered User
 
Join Date: Nov 2002
Location: Scottsdale, Arizona
Posts: 10,626
Quote:
Originally Posted by BENZ-LGB View Post
There was an offer (the advertised vehicles) and an acceptance (taking the cc deposit).
Is a qualified acceptance truly an acceptance or is it a counteroffer? The deposit, being less than the purchase price is not acceptance, and the other condition further complicates contract formation.
Reply With Quote
  #10  
Old 11-01-2007, 10:20 PM
Registered User
 
Join Date: Oct 2006
Posts: 254
Who cares? Life is too short to be quibbling about semantics/legal theory with some dealership twit. Let your cash do the talking at a BMW dealer.
Reply With Quote
  #11  
Old 11-01-2007, 10:24 PM
Wodnek's Avatar
Vintage Mercedes Junkie
 
Join Date: Jun 2004
Location: Southeast Wisconsin
Posts: 1,661
Quote:
Originally Posted by PaulC View Post
Who cares? Life is too short to be quibbling about semantics/legal theory with some dealership twit. Let your cash do the talking at a BMW dealer.
__________________
1959 Gravely LI, 1963 Gravely L8, 1973 Gravely C12
1982 380SL
1978 450 SEL 6.9 euro restoration at 63% and climbing
1987 300 D
2005 CDI European Delivery
2006 CDI Handed down to daughter
2007 GL CDI. Wifes

Reply With Quote
  #12  
Old 11-01-2007, 10:52 PM
BENZ-LGB's Avatar
Strong, silent type
 
Join Date: Apr 2001
Location: Southern California
Posts: 1,663
Quote:
Originally Posted by MTI View Post
Is a qualified acceptance truly an acceptance or is it a counteroffer? The deposit, being less than the purchase price is not acceptance, and the other condition further complicates contract formation.
Per UCC rules a good-faith deposit, if accepted by the seller = acceptance. If the deposit was only to "hold" the cars, it may be a differnet story.
__________________
Current Benzes

1989 300TE "Alice"
1990 300CE "Sam Spade"
1991 300CE "Beowulf" RIP (06.1991 - 10.10.2007)
1998 E320 "Orson"
2002 C320 Wagon "Molly Fox"

Res non semper sunt quae esse videntur

My Gallery

Not in this weather!
Reply With Quote
  #13  
Old 11-01-2007, 11:19 PM
MTI's Avatar
MTI MTI is offline
Registered User
 
Join Date: Nov 2002
Location: Scottsdale, Arizona
Posts: 10,626
Quote:
Originally Posted by BENZ-LGB View Post
Per UCC rules a good-faith deposit, if accepted by the seller = acceptance.
Interesting, got the Article 2 cite?
Reply With Quote
  #14  
Old 11-01-2007, 11:38 PM
BENZ-LGB's Avatar
Strong, silent type
 
Join Date: Apr 2001
Location: Southern California
Posts: 1,663
Quote:
Originally Posted by MTI View Post
Interesting, got the Article 2 cite?
I can't get the Lexis-Nexis site right now. Maybe later when I can get into it.
__________________
Current Benzes

1989 300TE "Alice"
1990 300CE "Sam Spade"
1991 300CE "Beowulf" RIP (06.1991 - 10.10.2007)
1998 E320 "Orson"
2002 C320 Wagon "Molly Fox"

Res non semper sunt quae esse videntur

My Gallery

Not in this weather!
Reply With Quote
  #15  
Old 11-16-2007, 09:50 PM
MTI's Avatar
MTI MTI is offline
Registered User
 
Join Date: Nov 2002
Location: Scottsdale, Arizona
Posts: 10,626
Artilce 9 addresses security deposts, but I'm not sure where in Aritcle 2, on Sales, "good faith" deposits are discussed.

Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -4. The time now is 01:10 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2018 Pelican Parts, LLC - Posts may be archived for display on the Peach Parts or Pelican Parts Website -    DMCA Registered Agent Contact Page