newyorktoLA

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compress ignite

Call Mercedes North America 1(800) 222-0100 AND Scream and Yell until you're
given satisfaction! [They're open on Saturdays]

Me ? I'd SUE the A**H*L*S for my deposit and find a Mercedes Dealer who's
not got someone with their Head up their Nether Regions running the Show.

You are ONLY going to regret this relationship in the End.
You are not even going to believe the future troubles you must endure,
If you let these Idioti screw you around like this !

Don't You have an Order Sheet stating your Mercedes Options (AS Ordered) ?
[My Friend,that's a CONTRACT!]

What you're Experiencing is known in the Industry as "Bait and Switch".

bringtherain

you're right on the license plate. I just picked up a 2011 C300. All I did was told them I dont want the front license plates installed at this time. They informed me that its illegal to drive without the front which I'm well aware of and that was it.

bigben320e

To the OP, can't you cancel the order? What is the recourse if you do not take delivery? What does it say on your order about the S32?

Any car I have ever bought was exactly as I asked or wanted, if not walk. Yes you have been waiting for your car, but it is NOT what you asked for. That will always be a thorn in your side.

joshg1001

I dont see what they can do if the computer wont allow it...

Sportstick

(NOT legal advice....personal opinion).
The bottom line is how the car is described on the order which has both of your signatures. Oral discussions won't modify a written contract. The car on paper is the car both you and the dealer are obligated to buy/sell. If the dealer has made changes and the original contract has not been changed in writing, with initials or signatures on the changes on both copies, if a different car arrives than described in writing (although the small print likely allows for price changes, but you can still reject the car) this is the time when they return any deposit and you buy a different car. If somehow you can agree on the car, I suggest an email to the dealer NOW instructing them not to drill holes in the front bumper, and that drilling holes will require a new bumper or different car. Then, look for their written response and if it shows they understand or agree, that also will bind them. Good luck!
(NOT legal advice....personal opinion).

JaCe88

Agreed with the above. Check your contract and what you agreed to. I'd walk if I was you.

A wise person once told me buying a car should be easy and that if it's not, you should go elsewhere. I followed this advice on my Evo and was so glad I did- also saved me a lot of moolah too.

IGB

With all due respect, I disagree with the above for the simple reason that "what if", under the circumstances, it turned out to be true that a certain option that was indicated on "the paper" is not available... That only means that the "contract" is nullified but it does not necessarily mean the dealer is still obligated to have to come up with a car as described on said contract.

Again, "what if" the options as preferred by the OP are not longer available.. What would screaming and yelling accomplish?

I disagree... Specifically with the "AS Ordered" part in that the vehicle is yet to be "Ordered"...

I'm betting that "contract" has some sort of disclaimer stating that "unless and until the order is entered and accepted by the factory, then it does not bind the dealer to provide the buyer with a car that cannot (and will not) be manufactured".

Not even remotely close to "bait and switch"... For starters, I'm assuming the OP went TO the dealer, but not because of an advertisement or a promise that the dealer will deliver as promised (again, think disclaimer mentioned above).

I will agree that if this is the way the "relationship" has started, then it maybe in the OP's best interest to take his money somewhere else, HOWEVER, if what the dealer is saying is true, then OP will get the same answer regardless of where his money ends up!

Edited to add: here is the basis for the comments I made above:

From the OP:

I haven't seen the "New Dealer Ordering Guide" but one can safely assume that it is a document given "TO" the Dealer by MB, not one that is faked by him simply to attempt to screw the OP out of the options that he wants.

Edited to add#2:
OP, not sure what you mean by "still not available"... If that means the dealer has indicated that it might become available later on, then that is understandable. If, on the other hand, you say it is "still not available" simply because you're hoping it will be (without any sort of confirmation from anyone that it might be) then I think you maybe setting yourself up for disappointment.

That would be the reason I'd want to contact MB USA, but my contact should be limited to a simple inquiry... i.e. there should not be any screaming and yelling involved... JMHO

jctevere

This is exactly why I don't order my vehicles... I never get why anyone does unless they are ordering something really rare. Its just a waste of time. Chances are the exact vehicle you are ordering will be in a dealership nearest you when they come out available for immediate pickup.

Just my 2 cents. I had a 2011 loaner vehicle that didn't have the whole multimedia package, Just navigation and the backup camera (the package that sounds like you are describing). As well as a premium 1 packages (sun shade, memory seats, etc). No H/K stereo, no other multimedia equipment.

Sportstick

Please permit me to clarify....of course, the dealer cannot deliver a car which is not produced by MB. Impossibility of performance is one reason for contract breach. The dealer is obligated to perform the sale of the specified car if the dealer is to hold the buyer to complete the purchase. And, if the dealer does perform, the buyer is obligated to complete the purchase. The buyer's remedy for seller's failure to perform the contract (breach) is the return of the deposit, and that is likely part of the small font list of disclaimers on the reverse of the contract. That puts the parties back in their relative positions before the contract, and each is free to make other deals.

compress ignite

"Quote:
Originally Posted by compress ignite View Post
Call Mercedes North America 1(800) 222-0100 AND Scream and Yell until you're
given satisfaction! [They're open on Saturdays]
Again, "what if" the options as preferred by the OP are not longer available.. What would screaming and yelling accomplish? "

And "Venting" may alleviate some of the Frustration the OP is experiencing
with the Noodleheads @ the Franchisee's Location.

Besides, the OP's doing OTHER MB owners a Favor in Notifying Montvale that the Stealership
is attempting to Jerk people around.

You don't REALLY think the Stealership is gonna call NAMB and tell them,"We Screwed Another One!" ?

JaCe88

I have to admit I was very scared when I bought my Benz and the contract required me to commit trading in my Evo at a set price (below my 'value in use' IMO) even if the sales contract fell through beyond my control.

The only way to get around this and assuage some concern is to only sign that contract once a specific vehicle has been located with the exact options/spec you want and hence you can clearly identify which vehicle has been promised to you based on VIN and other unique identifiers.

balticgreen

I don't know about dealerships in your area, so maybe this isn't the case there, but around me I see lots full of the same two or three configurations in the same four colors. If you want something that isn't one of those two or three configurations in one of four colors, chances are that you won't find it. So then you either order or you settle for something that isn't what you want.

I have had two Mercedes vehicles and both were factory orders. The first time, I had a very specific time frame in mind to purchase but I was looking months in advance. The second time, I wanted a very specific combination that was literally impossible to find anywhere east of the Mississippi River (and probably west of it too but the dealer didn't search the west). So both times they ordered exactly what I wanted with no obligation to buy and no deposit required.

The problem with this situation isn't that he's ordering a car; it's that he's ordering a car that hasn't been released yet and apparently for which the options availabilities haven't been 100% finalized... or the dealer is just clueless, which is a possibility.

storm10

First of all, dealer can not legally hold your deposit - if you want to take it back. No matter what paper you signed. The car is not bind-able to you, unless you take the physical delivery. So you will not loose anything.

Secondly, I would wait another month until C-Class is freely available and find one in stock. This way you'll get a better price anyway. There is no reason to order C-Class, unless you need some extraordinary equipment combination. Most dealers will have very decent selection anyway, so I'm sure you can find the one you like in dealers stock.

Sportstick

With all due respect, this is not true. When two signatures hit the paper, the meeting of the minds is formalized and enforceable. (Let's skip over all the issues of oral contracts, please.) The deposit (and more) may be the measure of damages, depending on the terms of the contract and what the dealer can substantiate, assuming he performs according to its terms. If the deposit was specifically described as "refundable" in writing as part of the deal, then it would be available if the buyer backs out. The buyer may not be compelled to specific performance, in other words, to take delivery, but the buyer remains liable for monetary damages in the even the buyer breaches the agreed-upon terms.

mingo

Take your business elsewhere, these guys don't do much to earn your business, they wait in their air conditioned offices for people to come in to drop their hard earned money for happiness on 4 wheels.

IMHO, buying a luxury car is part of the experience of owning a luxury car. If I were you, I would also write a letter to MB HQ and MBUSA to file a complaint against the guy, then check in a couple months to see if he's still there. If not, file another complaint.

Also keep in mind, ordering a car doesn't mean you have to pay over invoice either.
It needs to be made very clear to them that although they are selling a luxury brand car, what they are selling is not a limited released item. Dealerships constantly have cars in que to be configured, so if you weren't going to "order" yours, they would have one on order anyways.

My experience with the dealership I dealt with was a mixed feeling, but at the end not too bad. I am from Mountain View but decided to order my car from a dealership in Walnut Creek because they gave me no hassle on my negotiations and the salesman Mike was very nice.

Unfortunately a lot of these car salesman are very short sighted and do not see what they do as a career, rather to them it's just a job. They do not understand that the C-class is an entry level mercedes and is what gets people to buy into the mercedes experience. Few years down the road when it's time to switch, depending on the initial experience the same person could be buying an e or s class; but most importantly can be a great referral source.

When I ordered my car, my sales person gave me updates every other day on where the car was and at what phase. The ship that had my car crashed into the panama canal and delayed my delivery by a little over 2 weeks. That was communicated very well to me. If it were not for that, I would have just got the Jaguar XF at the same price, with a more pronounced feeling of exclusivity (However, having experienced owning 3 jaguars in the family, I did not really think the feeling of exclusivity was worth owning a car that was in the service shop for at least 1/3 of its life. And the great communication from my MB sales rep kept me from purchasing that nice V8 powered machine).

I'm pretty sure you can get our deposit back. I actually was not even required to order my car with a deposit. I ordered the C350 with all the options minus pana roof and teleaide. Based on my understanding, less than 10% of the c-class out there are configured with that option too.

Finally I would like to leave you with this. As much as I do really like my car, there are other options out there for the same price. This may be a blessing in disguise for you. The 3 series is coming up for a new design, the lotus Evora is real fun and the XF can be negotiated quite a bit. The 2012 is refreshed but will most likely be a full redesigned in 2014.

storm10

I don't know about Michigan, but per California DMV regulations, the dealership can not hold deposit, if customer changed his mind. To the point that even if the agreement clearly states: "Non-refundable deposit", any CA dealership will be forced to return the deposit and can not do anything about it. Thats why the majority of CA dealerships don't even bother to take a deposit. Some of them do, but only as "mental comittment" and relying that most people don't know regulations.

Even more: If you signed the contract with the dealership! And financing institution! But PHYSICALLY did not take the delivery of the car and car remains on the delership property - you can easily back-up and the dealership is completely powerless. Thats why most dealers will not let you leave without the car, if you tell them "I'll pick it up tomorrow". All of them will strongly insist to take the car immediately and drive it home, suspecting that you can still shop them around with the contract in your hand! Fortunately for them, not a lot of people know about it.

On another hand, once you sign the contract AND drive the car away, in CA there is no cooling-off period, because in California registration goes to the car (not to the person) and stays with the car if you get rid of it. So the car immediately becomes used, and if you have any remorse - you have to trade it in as a used car. Basically you'll immediately loose tons of money!

I told to the guy who asked initial question, because he is in CA. You have nothing to worry about...

storm10

If you think the car business is easy - think again...

Sportstick

That is an important distinction for buyers in California...thank you for pointing that out. If the state legislature or agency enacts a statute or rule which governs the terms of a contract, the general principles of contract law are modified for that jurisdiction. However, for forum members in most locations, where such high levels of consumer protection do not exist, basic contract law still applies. Bottom line, read all the terms before signing.

bigben320e

Some very good statements above and good advice for the OP.....so to bottom line this:

What was promised and signed off on paper?

Where is the OP to chime in? That is the million dollar question and would clear this matter up real quick. A lot of dealers are known to be crappy tricksters, but we need to know what he agreed to on paper before passing opinions.

Hope he gets it straightened out regardless.

newyorktoLA

Thanks for all the input. The dealer does not have the price of the car yet, so technically, I have not bought it. There are no "terms" that we had, other than that I told them what I wanted back in April and they made me sign on the configuration.
I called other dealers and they told me that what my dealer is giving me is not orderable. I called my dealer back and told them that I was considering taking my business elsewhere. They said they would find out what was going on on Tuesday or Wednesday (because of July 4th).

I really do not want to cancel my order, even though I HATE the dealership. I have waited for months and my car's production is in 12 days (as of today). Apparently, the status changed and the dealer never called me to let me know (I had to call THEM). I just hope that the order options get straightened out before no changes are allowed to the order.

As far as the license plate is concerned, my salesguy said, "Oh really? We don't have to install the license plate? Yeah right...let me check on that for you." Two days later, no response. I called one manager and he said, "I'm not sure. Remind me of that when you call back." WTH? I'M SUPPOSED TO CALL THE DEALER NOW?! Yesterday, I called again and spoke to manager #2: Me: "Why am I getting no response?"
Dealer: "Why do you keep calling us?"
Me: "You are screwing up my order, that's why."
Dealer: "Ughh...I can't do anything. Call me back on Wednesday"
Me: "Until when can I modify my order? I need YOU to call me back"
Dealer: "Your car is in stage B1 (13 days to production)"
Me: "Why didn't you notify me?"
Dealer: "Just call me back on Wednesday. Thanks."
Me: "What about the license plate?"
Dealer: "Remind me of that when you call on Wednesday."

I'm still getting nowhere...
This is the first and LAST time I am ordering a car. I did not have to go through this on my 08 GL450, my S550, my 09 GL, or my current GL.

grane

The c series is the present entry level series that offers more value, performance and a better AWD option than comparable Acuras, Audis, BMW 3 series and so on at a competitive price. For example, in the hands of a trained driver the C63 is a better performer than a M3 out of the box and offers a higher degree of exclusivity and comfort. The C series sells like hot cakes and has allowed MB to extend market share. Sales persons sell c series because it is an easy sell to those who can afford something a bit better and has the promise of .... Buying a C series gives the buyer the first step into a very exciting range. It is off the rack, nothing more, with the possible exception of the AMG and the Black version if indeed that is offered. Getting agitated about a custom order on an entry level car is a futile exercise. Take the advice of others and wait until you find a car you like that exists or find another dealer. I do not envy people who must buy from urban dealers.

JaCe88

I gave appropriate feedback too in my MB surveys because like mentioned above, the buying experience of a luxury car is also an important aspect of ownership.

I really don't like the 'anxiety' feeling of signing all the paperwork, committing to something and a trade in, but not knowing for sure if the car you want will be available and/or if the sale will still proceed even though you've signed and agreed.

bigben320e

In bold, that is a problem within itself. The relationship as a customer to this dealer is already at a low state, and the responses thus far have been unacceptable. I know it is up to you, and I can understand the wait on your car, you want it, but take the emotion out of it for a second...do you really want to start off with your car purchase this way? Just a thought...

Peabody

You have NO OBLIGATION to accept the delivery of your car. They can not withhold a deposit, they can not charge you a fee. If the car they deliver is not the car you want, get your money back and walk away. It sounds like the dealership you are working with sucks, but maybe they will change your tune when you tell them to cancel your order.

e: I've said it a dozen times, but I took delivery of my 2009 a week before the 2010s started coming off the production line, and I would have cancelled my order and ordered the 2010 in a second had I known this.. unfortunately, my dealership didn't tell me this was an option until after I took delivery. If you are ordering from the factory, get exactly what you want. Otherwise, why wouldn't you just negotiate for something out of a dealership inventory?