Bumba

I’m trading in my wife’s GS F so hopefully not much markup haha

Deezwho

Nonetheless there is no wording written anywhere on that sheet that says it represents a legally binding contract to purchase said vehicle at a set price.
What the dealer makes you do/pay in exchange for signing the actual sales contract is up to them in the end.


OP you might also consider contacting your state AG. Although not technically illegal, what they are doing might be covered under consumer protection statutes in your state.

Craig B

in my state, the attorney general’s office acts as a mediator, they aren’t acting as legal council and aren’t taking anyone to court. You need to get your attorney involved.

fuel007one

Was your deposit nonrefundable? I placed my order for mine and bot it at msrp. The deposit was $1000 and nonrefundable. Internally the dealer should have generated an "agreement to hold a vehicle with a nonrefundble partial payment" form which would have been written up on their internal worksheet the date you gave them the deposit. The "price is subject to change" is all crap (I had that also on my 21 GT BS 1 week before it arrived too and it meant zero; also bot at msrp). That deposit of yours is the dealer's achilles heel. The only thing on your order states "msrp" so from a legal standpoint what other price would the buyer expect IN CONSIDERATION of the deposit other THAN the MSRP. To me you have deposited funds for a specific vehicle at numbers that are printed on THAT document which was the same day you gave them money in consideration of that.

Deezwho

Again not a lawyer here…
but first it’s not a legally binding contract if both parties didn’t sign.
and there’s nothing written on this paper that the OP attached that states that this is a contract to purchase this specific vehicle for msrp. This is a build sheet stating the msrp of the vehicle and selected options.

If it was a non refundable deposit there should have been a contract signed between the parties stating exactly what the deposit/down payment was for and what was the agreed upon final purchase price.

anything short of that and it’s between your lawyers (and maybe a judge) to decide who has the stronger argument.

Hodog16

The "MSRP" on that sheet is just a statement that the prices are at MSRP, not that the vehicle will be sold at MSRP. Like I said it's part of that form just like the Mercedes' Sandy Springs, GA address is on every form.

In reality all deposits should be refundable unless you specifically sign a form saying the deposit is non-refundable.

Baltistyle

Where is the paperwork from the deposit? We need to see a contract. Of which this doc may be your interpreted intent but only with a deposit. The deposit being your “understood” opportunity to buy the object at the pricing they have you at that time. If they were to make a statement such as this doc was not directly related to the to deposit, I would ask why it was ordered, or if the deposit was for a cla. As this document does not constitute a contract by itself (any email promises or agreements) I would find something with a signature, and receipt stating what the money was for, and go from there. What was the wait time?

Good luck.

Bumba

we put $1500 deposit for the order. I took the SA’s word for being MSRP. The receipt for the deposit does not have any msrp of sort on it, just deposit charge, not sure if it’s going to help lol

thanks everyone for y’all’s replies!

fuel007one

And did they issue you a receipt for that deposit?Mine did on both MSRP purchases. The dealer is not showing your vehicle available which is a very good thing.

Bumba

yes they emailed me the receipt for the deposit, still got it. Vehicle does says “sale pending” on the web site

fuel007one

Will PM you when I can.

medtner

I placed a 5k deposit on a 2022 model in November 2020. The dealer has assured me that it will be the first 22. When MB announced that that will build more for 21, my sales person lowered my allocation on the list to make sure that I get a 22 model. A week later MB announced no more 22, the sales person claims that:
1. He can't push me up on the list to get a 21
2. He has no access to the list anymore since it is handled by the management
3. Also traded in a Lexus to get the future tax credit on my deal, this happened last month. The sale was not directly linked to my order.
I have a text from the previous sales person ,who placed the order ,saying that it will be at MSRP but since it s about a 22 model , I don't think that I have any legal rights.
So far, the dealer has not offered to cancel the deal and give me back my 5k, waiting to see if my car will get its turn to be built and if the dealer will ask for AMV.

streborx

This summarizes the legal perspective:
https://www.autocreditexpress.com/bl...buyer-s-order/

A_M_K

cant wait to receive my MY22 in October its a white on yacht blue with night package 2 , mercedes gave me a non binding october delivery date idk what that means

Poofyo101

here we go again

spourreza

hate to say it, but your car is likely cancelled

Izzone

Only if NA

ROW still getting my22

RavenM6

I am not a lawyer but I had a similar situation I encountered in my business. I ended up having to consult with my lawyer friend (for free of course). Contrary to what has been posted on this thread, both parties do not have to physically sign a piece of paper (or electronic document) for a contract to come into being. However, a clear and concise meeting of the minds does make a contract.

Here's an example of a simple non-signed contract. A vendor emails you an estimate on new equipment for your warehouse. You call them back, agree the price is good and you pay him a deposit via credit card. You give them the go ahead deliver said equipment. No documents are signed, and won't be signed until you sign the invoice that will be presented to you in person upon delivery of goods. However...when the deposit is placed and the go ahead is given, that is the exact moment where the meeting of minds takes place. My lawyer said in the eyes of any reasonable judge, it would constitute a contract because both parties had a clear understanding of the terms of the deal. My vendor thought they could make a fast buck by jacking up the price upon delivery. I threatened to get my lawyer involved and they quickly backed off.

This is almost exactly what happened with your G63 order. The dealer presented you with a quote, aka build sheet with the price clearly listed on it. Your understanding was that the amount you were going to pay was the MSRP listed on the quote, and contingent upon that price you put down a deposit which was accepted by the dealer, and give them the go ahead to build. Which is when the meeting of minds occurred. Again, I am not a lawyer but I'd say you have a very good case. Talk to an attorney as it will be far cheaper than the $50-100k ADM they're about to hit you with.

streborx

This is correct - offer + acceptance = contract. Signatures are not required but the identities of both parties are necessary, and each party only needs to have a reasonable belief that the other party is authorized to act in this capacity of making the offer and accepting the offer. An SA can't hide behind the excuse "I didn't have the SM's approval" because you have every reason to believe the SA has negotiating and contracting authority. The problem is remedy - you can sue and you can win, but win what? A substitute GLS at MSRP or a couple thousand $'s? Nothing prevents a dealer from selling the truck while the lawyers are pissing at each other. Judges and juries aren't likely sympathetic to somebody cheated out of a $200K vehicle (but would be if the dispute was a house). Even if you win and get the truck, would you trust the dealership for service? Car dealers are scumbags and seem to take great pride it. This is absolutely the worst possible time to be buying/leasing any brand vehicle, new or used, dealership or private party, cash or finance. I'm dealing with the humiliation of driving a 2 year old G550, despite being the laughing stock of the country club, but I'm confident I'll survive the ordeal.

Hodog16

Good info. Verbal agreement may be legally binding but as we all know dealers aren't the most scrupulous people (speaking in generalities - some are good). Having it in writing can defend against staff turnover or lying.

I could see the dealer backing off with threat of legal action, and I can also see the dealer fighting for that $50k or whatever amount it is. I have no doubt the sales associate is willing to lie of any agreement if they know their job is on the line--depends on what the sales manager, general manger, and owner want to do.

streborx

By "verbal" I assume you mean "oral" or non-written. As far as I am aware the UCC limit on oral contracts is still $500 -- anything of greater value requires a contract in writing to be enforceable. As we are learning (e.g., confirming) from several forum posts on the topic, dealers don't care if there's a written contract or not. They'll try to get away with anything they think they have a shot at.

medtner

this very helpful, will try to do my best. I have the feeling that the dealer will transfer my order to someone who will pay more. I am still pissed off that he kept the 5k for almost a year. I am still not asking for it hoping that my order may go through

streborx

Even though you spec'd MY2022, IMO when the dealer learned of the suspended '22 production, he should have contacted you immediately and given you the option to (a) cancel the order / return your deposit; (b) wait for production to resume (late '22 or '23); or (c) wedge you into the wait list of MY21s based on your order date. He took your money -- he owes you something.

medtner

I notified my sales person w the news, he checked w management and confirmed. He keeps saying he doesn't know, the management has the biuld list now. Big dealers are useless

streborx

In my experience, small dealers are useless also (especially their service departments), so I guess all dealers are useless!
Your sales person is supposed to be the conduit between you and the dealership management. If he/she can't answer your questions, suggest that he/she find a new job and get the name of the GM and contact him/her. If the GM turns out to be useless, write a nasty-gram to MBUSA and copy the GM. You won't get a reply, but it will make you feel better.