"Prestigious" dealer needing lesson in honoring commitments - PeachParts Mercedes-Benz Forum

PH1958 · #1 10-31-2007, 07:34 PM

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....

BamaMB · #2 10-31-2007, 07:45 PM

Sounds like you had a contract. They need to honor that contract or make restitutions.

MTI · #3 10-31-2007, 08:20 PM

Quote:

Originally Posted by PH1958

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.?

#4 10-31-2007, 08:37 PM

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?

PH1958 · #5 11-01-2007, 08:59 PM

The dealer is in Paramus, NJ.

Hatterasguy · #6 11-01-2007, 09:00 PM

Tell them to go F themselves and go to another dealer. Their are must be a ton in NJ.

Larry Delor · #7 11-01-2007, 09:45 PM

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.

BENZ-LGB · #8 11-01-2007, 09:54 PM

Quote:

Originally Posted by MTI

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).

MTI · #9 11-01-2007, 10:05 PM

Quote:

Originally Posted by BENZ-LGB

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.

PaulC · #10 11-01-2007, 10:20 PM

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.

Wodnek · #11 11-01-2007, 10:24 PM

Quote:

Originally Posted by PaulC

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.

BENZ-LGB · #12 11-01-2007, 10:52 PM

Quote:

Originally Posted by MTI

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.