Dealer trying to raise msrp by 40k after deposit was paid
#1
Dealer trying to raise msrp by 40k after deposit was paid
Ive been on a wait list for a g63 for 1.5 years and i finally got my allocation, i spec'd it out and signed the quote sheet and paid my 5000$ deposit 2 months ago. my vehicle arrived in the country today but will take few weeks to hit the dealer and i just got a call from the dealer saying that they have to add a 40k upcharge on the sale price since the fair market value for the truck is higher. i dont really think this is fair considering i already signed the papers 2 months ago and i paid a 5000 deposit on the spot
do i have any way to get out of this? or can they do this to me
do i have any way to get out of this? or can they do this to me
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OJ-G63 (12-10-2021)
#3
Ive been on a wait list for a g63 for 1.5 years and i finally got my allocation, i spec'd it out and signed the quote sheet and paid my 5000$ deposit 2 months ago. my vehicle arrived in the country today but will take few weeks to hit the dealer and i just got a call from the dealer saying that they have to add a 40k upcharge on the sale price since the fair market value for the truck is higher. i dont really think this is fair considering i already signed the papers 2 months ago and i paid a 5000 deposit on the spot
do i have any way to get out of this? or can they do this to me
do i have any way to get out of this? or can they do this to me
They don’t HAVE to. They are choosing to prioritize immediate profit over your specific business. A number of dealers have honored MSRP for preorder customers this year despite everything going on.
The good/bad thing about the signed quote sheets is that they are not really enforceable on either party. Until you sign the actual purchase agreement either party could cancel.
You could threaten legal action and see if they call your bluff. Or pay the markup.
Not much else you can do realistically.
#4
Super Member
Joined: Apr 2003
Posts: 917
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From: Northeast
2012 S350 Bluetec, 2014 GLK250 Bluetec, 2000 CLK320 Cabrio
Actually, 40K markup in these times is a good deal, however it's really unethical of the dealer to raise the price after a deal was negotiated.
#5
do not ask for your $ back. tell them that the order is contested and that you are seeking advise on your legal options / next steps and to not sell the car without your written approval. Not sure this will work but put them on notice. Also tell them to preserve all written communication related to your order. Scare them a bit.
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Bloom_Phaze (11-20-2021)
#6
I would do this…!
Some members sound off like $40k is nothing but chump change, as if it’s not much at all!
Right…!?
I would do as Drew mentioned (carefully and intelligently) but I would actually get some simple legal advice (even though not much would eventually come from that) and as my secondary option, merely cancel the deal. State that you will post up all the coms^ between yourself and the dealer via social
media whilst going to another dealer that has a spec similar to what you wanted, because the original dealer is the one loosing the sale not you, plus they may loose more if you post up on social media in this day’n’age. Do so friendly, politely and respectfully.
TBH it is a buyers market and not a sellers in this current economic environment. One does not get to that stage in life whereby they can purchase a high end car without a loan by wasting 40k either! So disregard anyone who states it is all good!
With regards to every car I have ever bought, all have been via cash/ bank transfer etc etc with never a loan ever being made for a car. So don’t listen to any schmuck who says “ah, don’t worry about the 40k mark up, it’s normal”! Just because dealers commonly do that, neither makes it’s the right thing to do nor the smart thing to allow.
Some members sound off like $40k is nothing but chump change, as if it’s not much at all!
Right…!?
I would do as Drew mentioned (carefully and intelligently) but I would actually get some simple legal advice (even though not much would eventually come from that) and as my secondary option, merely cancel the deal. State that you will post up all the coms^ between yourself and the dealer via social
media whilst going to another dealer that has a spec similar to what you wanted, because the original dealer is the one loosing the sale not you, plus they may loose more if you post up on social media in this day’n’age. Do so friendly, politely and respectfully.
TBH it is a buyers market and not a sellers in this current economic environment. One does not get to that stage in life whereby they can purchase a high end car without a loan by wasting 40k either! So disregard anyone who states it is all good!
With regards to every car I have ever bought, all have been via cash/ bank transfer etc etc with never a loan ever being made for a car. So don’t listen to any schmuck who says “ah, don’t worry about the 40k mark up, it’s normal”! Just because dealers commonly do that, neither makes it’s the right thing to do nor the smart thing to allow.
do not ask for your $ back. tell them that the order is contested and that you are seeking advise on your legal options / next steps and to not sell the car without your written approval. Not sure this will work but put them on notice. Also tell them to preserve all written communication related to your order. Scare them a bit.
Last edited by Bloom_Phaze; 11-20-2021 at 08:38 PM.
#7
I think you realistically have these options:
1. Take delivery if you have $40k burning a hole in your pocket.
2. Try to negotiate the ADM to something you would be willing to pay. It will leave a bad taste in your mouth for sure, but at least you get a car now.
3. Don't take delivery but ask the dealer to be reasonable - let you stay at the top of the list and keep your deposit for a 2023 at MSRP.
4. Try to go the legal route and see if you can call their bluff. Based on similar threads/posts I don't think you have much leverage but some dealers can get spooked.
5. Tell them to go F themselves and get your deposit back.
If it were me I would choose option 3 but if they said no to that, then I would quickly move to options 4 and likely 5.
1. Take delivery if you have $40k burning a hole in your pocket.
2. Try to negotiate the ADM to something you would be willing to pay. It will leave a bad taste in your mouth for sure, but at least you get a car now.
3. Don't take delivery but ask the dealer to be reasonable - let you stay at the top of the list and keep your deposit for a 2023 at MSRP.
4. Try to go the legal route and see if you can call their bluff. Based on similar threads/posts I don't think you have much leverage but some dealers can get spooked.
5. Tell them to go F themselves and get your deposit back.
If it were me I would choose option 3 but if they said no to that, then I would quickly move to options 4 and likely 5.
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bacaloc (12-09-2021)
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#8
I would quite frankly go with option 5 and make it clear that they’ve lost you as a customer as well as anyone else you relate the story to for life. These markups won’t go on forever and you’ll never see that $40k markup when you go to sell it after the market settles down.
I get the temptation for dealers to charge these markups, but I really think a lot of dealers are going to pay a big price for it in the long term. And it’s one thing to be clear about it up front, but very different to add it on after an agreement has been made, whether the legal system would back it up or not.
I get the temptation for dealers to charge these markups, but I really think a lot of dealers are going to pay a big price for it in the long term. And it’s one thing to be clear about it up front, but very different to add it on after an agreement has been made, whether the legal system would back it up or not.
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Bloom_Phaze (11-21-2021),
Jagdpanzer (11-26-2021)
#9
Do you have P.O? or a VIN assigned? If you do, you might have a chance to force them to honor the deal. Same thing happened to me and I was semi successful at sticking to MSRP, they will try to push you around. If you do not have a VIN or P.O it will be hard as there will be no way to prove the car at the dealer was meant to be yours.
If I were you I will not take the deposit back. Although 40K seems like a lot, these cars are trading upwards of 70K. My dealer just sold one at almost 100K, if you are not willing to pay the 40K buy it and flip it. If you can not come to terms I would be interested at the 40K mark up.
If I were you I will not take the deposit back. Although 40K seems like a lot, these cars are trading upwards of 70K. My dealer just sold one at almost 100K, if you are not willing to pay the 40K buy it and flip it. If you can not come to terms I would be interested at the 40K mark up.
#10
Even if he bought and then flipped it - notwithstanding all the BS he would need to go through just to do that; it would most probably be at a loss..! Unless you find the right chump to pay and the timing was perfect, if he even had the time to waste selling it in that manner.
At the end of the day, good advice is like having a set of *****, not everyone has them and only the truly wise know when to give them a good boot.
Do what you feel is right for you. But one fact is clear, it is not a sellers market right now and the global trends of the automotive industry as a whole does not point to a healthy and or stable future, given the shenanigans on the horizon etc etc. So just tell the dealer a friendly and respectful bye and that you have found another car to purchase at MSRP or thereabouts (Find another car while you’re deliberating).
Your money so put it where it best offers you what you need/ want/ desire.
At the end of the day, good advice is like having a set of *****, not everyone has them and only the truly wise know when to give them a good boot.
Do what you feel is right for you. But one fact is clear, it is not a sellers market right now and the global trends of the automotive industry as a whole does not point to a healthy and or stable future, given the shenanigans on the horizon etc etc. So just tell the dealer a friendly and respectful bye and that you have found another car to purchase at MSRP or thereabouts (Find another car while you’re deliberating).
Your money so put it where it best offers you what you need/ want/ desire.
#11
Dealer games aside, I think there's really only 1 question I would ask if it was me (luckily my dealer didnt screw me so I didnt have to deal with this) ...
Imagine you walked into a dealer blind today and you saw this exact G63 for sale and the asking price was 40k over sticker. Are you buying it or not?
If yes, then it's probably worth fighting them to see if they will give it to you for MSRP or offer you a better deal, but be willing to bite the bullet and pay up if they stand firm at that price.
If no, then just walk away now and move on with life. At the end of the day, it's just a car.
Imagine you walked into a dealer blind today and you saw this exact G63 for sale and the asking price was 40k over sticker. Are you buying it or not?
If yes, then it's probably worth fighting them to see if they will give it to you for MSRP or offer you a better deal, but be willing to bite the bullet and pay up if they stand firm at that price.
If no, then just walk away now and move on with life. At the end of the day, it's just a car.
#12
So the unpopular response (which I specialize in) would be to ask yourself....Do want the vehicle or not? The market is what the market is and I'm sure the dealer could care less what you chose to do. The risk is that if you pay the upcharge and the market pulls back within the next couple of years, then this "may" have been a costly purchase. If you are good with this and want to enjoy the ride, than do it.
By the way, and I've said this before, not everyone lives in the same financial space where $40k or $100k more is going to make or break the bank, comments suggesting that if one spends this additional ADM, they must be smucks to do so are comical when considering that if one is actually in a position to do this without concern, than perhaps they actually have made some life decisions which allow them to do this.
By the way, and I've said this before, not everyone lives in the same financial space where $40k or $100k more is going to make or break the bank, comments suggesting that if one spends this additional ADM, they must be smucks to do so are comical when considering that if one is actually in a position to do this without concern, than perhaps they actually have made some life decisions which allow them to do this.
#13
Ive been on a wait list for a g63 for 1.5 years and i finally got my allocation, i spec'd it out and signed the quote sheet and paid my 5000$ deposit 2 months ago. my vehicle arrived in the country today but will take few weeks to hit the dealer and i just got a call from the dealer saying that they have to add a 40k upcharge on the sale price since the fair market value for the truck is higher. i dont really think this is fair considering i already signed the papers 2 months ago and i paid a 5000 deposit on the spot
do i have any way to get out of this? or can they do this to me
do i have any way to get out of this? or can they do this to me
If it really burns you, take delivery at +$40K and sell it the next day on autotrader for +$100K. Then order a 2023 and enjoy you $60K profit.
#14
MBWorld Fanatic!
Joined: Apr 2019
Posts: 1,564
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From: Scottsdale AZ
2015 CLS 550 2015 ML 400 Previous 2020 GLB 250 2019 A 220 2005 ML 350 1989 300 E 2001 SL 500
do not ask for your $ back. tell them that the order is contested and that you are seeking advise on your legal options / next steps and to not sell the car without your written approval. Not sure this will work but put them on notice. Also tell them to preserve all written communication related to your order. Scare them a bit.
Only real answer, pay up or walk away.
#16
#18
I would consult your attorney for advice, it’s shady! Where I live, you would have to pay sales tax to get the certificate of origin turned into a title that you could use to sell it. At that point, it would be considered a used vehicle that wouldn’t really affect it’s value if you didn’t put any mileage on it. I ran into this with an M5 BMW years ago and said I was turning it over to my attorney. They sold it to me at MSRP. I had also purchased 3 cars from them in the past. I was forced to trade my Lexus in on my G 63 for-$7K less than it was worth in order to get the allocation. I t wasn’t part of the original deal, but they let me know before I specked it. I had everything in writing and I wanted it.
#19
They totally ****ed you big time for 1.5 years of repeated un-lubed daily butt blows. Every time you got excited about your new G, they never intended to sell it to you for MSRP. Let them have it.Go down there in person at peak business hours and start yelling at them making a big scene. Make them pay for what they have done to you.
#20
MBWorld Fanatic!
Joined: May 2005
Posts: 1,276
Likes: 255
1991 964 Turbo, 2002 Black E55, 2002 Black E55 " The Beast"- 2014 E63s
I would negotiate it down to 20 and then sell it for 80 over. Tell them you didn't want to sell it but the market adjustment is too tempting just like you all noticed it too
#21
Yes, you got screwed but all these people preaching patience for a future MSRP deal are just totally full of it. You waited for your truck and you want it and so patience doesn’t exist (trust me I know the feeling). There isn’t an MSRP deal possible for the next few years (at least) and all the while you also won’t have your truck. There are only two choices:
1) pay the ADM which actually is FMV and while it sucks, life sucks
2) don’t take the truck and get your deposit back and then every day know that someone else gladly paid at least 40k ADM for your truck and is enjoying it mightily thinking “geeh this guy made a great spec”
That’s it. There is no “lawyer / scare them” choice; that’s just utter complete and total BS. Find me a person where they did that and got a truck at MSRP.
PS - they are doing you a favor at 40K. Many places are much higher.
Sorry guys, this is the truth.
1) pay the ADM which actually is FMV and while it sucks, life sucks
2) don’t take the truck and get your deposit back and then every day know that someone else gladly paid at least 40k ADM for your truck and is enjoying it mightily thinking “geeh this guy made a great spec”
That’s it. There is no “lawyer / scare them” choice; that’s just utter complete and total BS. Find me a person where they did that and got a truck at MSRP.
PS - they are doing you a favor at 40K. Many places are much higher.
Sorry guys, this is the truth.
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mercedesmax (11-21-2021)
#22
Yes, you got screwed but all these people preaching patience for a future MSRP deal are just totally full of it. You waited for your truck and you want it and so patience doesn’t exist (trust me I know the feeling). There isn’t an MSRP deal possible for the next few years (at least) and all the while you also won’t have your truck. There are only two choices:
1) pay the ADM which actually is FMV and while it sucks, life sucks
2) don’t take the truck and get your deposit back and then every day know that someone else gladly paid at least 40k ADM for your truck and is enjoying it mightily thinking “geeh this guy made a great spec”
That’s it. There is no “lawyer / scare them” choice; that’s just utter complete and total BS. Find me a person where they did that and got a truck at MSRP.
PS - they are doing you a favor at 40K. Many places are much higher.
Sorry guys, this is the truth.
1) pay the ADM which actually is FMV and while it sucks, life sucks
2) don’t take the truck and get your deposit back and then every day know that someone else gladly paid at least 40k ADM for your truck and is enjoying it mightily thinking “geeh this guy made a great spec”
That’s it. There is no “lawyer / scare them” choice; that’s just utter complete and total BS. Find me a person where they did that and got a truck at MSRP.
PS - they are doing you a favor at 40K. Many places are much higher.
Sorry guys, this is the truth.
#23
The upcharge on a customer who is in the process of putting in an order or walks in to buy a car is one thing. But once a deal has been negotiated, as in this case, I find it super sleazy to ask for more money, regardless of what the market is doing.
I wouldn’t pay over MSRP in either case as the G just isn’t THAT special. So in either case, I would pass on the vehicle and move on. While this may continue for a few more years, the market for the G isn’t going to remain this crazy forever and that extra money is just thrown away if you keep the vehicle for several years as you’ll never recover it in resale or trade in at that point. Each person should obviously do what they’re comfortable with - $40K is pocket change for some, but it certainly isn’t for most of us.
Buying it and trying to flip it right away for a profit is a risky proposition - there’s no guarantee that a profit will be made.
I wouldn’t pay over MSRP in either case as the G just isn’t THAT special. So in either case, I would pass on the vehicle and move on. While this may continue for a few more years, the market for the G isn’t going to remain this crazy forever and that extra money is just thrown away if you keep the vehicle for several years as you’ll never recover it in resale or trade in at that point. Each person should obviously do what they’re comfortable with - $40K is pocket change for some, but it certainly isn’t for most of us.
Buying it and trying to flip it right away for a profit is a risky proposition - there’s no guarantee that a profit will be made.
#24
Car salesmen are not known for their business ethics.
What's going to bother you more, knowing you got bent over for an extra 40k for the car you really wanted or knowing some other dude is going to enjoy the hell out of that truck and for probably more than the 40k ADM they are offering you.
I probably would have walked if the dealer pulled this crap on me and would have bought a different car. Some people want the car badly enough they would just pay up.
What's going to bother you more, knowing you got bent over for an extra 40k for the car you really wanted or knowing some other dude is going to enjoy the hell out of that truck and for probably more than the 40k ADM they are offering you.
I probably would have walked if the dealer pulled this crap on me and would have bought a different car. Some people want the car badly enough they would just pay up.
#25
Don’t waste your time handwringing over sleazy car dealers. Pay the money if you want the car, don’t pay it if you don’t want it. That’s it. Doesn’t matter how much forum commiserating you get … pay or no car, that’s it.
And let’s be honest …. You would’ve ordered the car anyway with a 220k sticker. So, just pay it.
And let’s be honest …. You would’ve ordered the car anyway with a 220k sticker. So, just pay it.
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OJ-G63 (12-10-2021)