Hi all,

Been following this forum for some time now. I placed a deposit for a 2021 G63, back in November 2020. I was told the next allocation at the dealer was mine at MSRP. after all the delays with COVID, and production changes, I finally got my allocation in November 2021, with a December 2021. My G63 just had a ship assigned, and I called my sales man to get an update this week. Who told me that there is a problem , that the GM called him and said that the owner of the dealer wants to sell the car to the highest bidder. And even though I ordered this car 1+ year ago, they are not worried about me or what impact cancelling this deal will have, because I live 1 hour outside of town, and this is my first purchase with them? I had come to this dealer from a referral from another person, I wish I went elsewhere for the deal.

Regardless, do I have any recourse? I have my VON number, VIN, proof of the paid deposit and all the communication with salesman over text. I know legally this is a very difficult and likely impossible battle as a deposit contract doesn't constitute a sold vehicle. But has anyone dealt with this before successfully? Would reaching out MB North America have any impact?

I have bought so many cars in the past including many Mercedes, but this has never happened to me. Even the salesman said this is the first time he has seen the dealership do this.

Literally been waiting on this car for over a year, I know the market is crazy right now, and they're probably annoyed they made this deal at MSRP but do I have any chance at making this work?

Thanks for any help in advance.

 

Unfortunately no. This seems to be happening more and more and many dealerships just don’t have good scruples. Unfortunately MB North America won’t be able to do much, if this was a Ferrari or another exotic brand where dealers are forbidden to sell over MSRP you’d be in luck. Did you find out how much over MSRP they’re looking for? I’m sorry this is happening to you.

 

Many others have posted on this forum similar experiences, and the consensus is you take it or leave it, as bitter as this is. IIWY, I'd walk away and do business elsewhere. No car on the planet is worth being screwed over. Dealers are slimeballs - none of them should be talking MSRP when they have no intention of delivering at that price.

 

Care to name the dealer?

 

Welcome to the new world, unfortunately not uncommon. No recourse for you, dealer can do as they please. You get to build a vehicle, wait in anticipation for it and someone else gets to buy and drive off with it.

I'd walk, it's bad business but its the market we're in.

 

I'm surprised that's allowed over there. Over here once the deposit is paid and the order form is signed that deal is legal and binding.....surely even there they have a contract with you to supply that car at the agreed and signed for price........

 

GM is a greedy lost soul. Needs prayers for sure. The nerve of some people. He or she needs to put themselves on the other end of the situation. Dealerships make their money after the sale. They build relationships. So they earn their service/maintenance.

 

Get your deposit back and hope that karma does its thing. I get the temptation to cash in on an opportunity, but I think a lot of these dealers are going to find this sort of thing isn’t a good long term business plan. Make sure you let any friends, family, etc. who might give that dealer any business know what happened. It’s one thing to charge a markup on a car that wasn’t ordered for a customer, but a very different thing to break an agreement whether it was legally binding or otherwise.

 

With deposit paid, why is it not a binding legal agreement?

 

Yeah, I don’t get that, but apparently the paperwork typically has wording that gives the dealer the right to do whatever they want.

 

Call Mercedes and complain.

 

Why? Does nothing. It's been tried before. MB doesn't care. It's the dealers call. Search the forums.

 

How large of a deposit was it? I think you should call an attorney who specializes in consumer law. If you have emails, text, and other written statements then you may have a strong case. The fact that they held your deposit for more than a year and they are now telling you to basically go kick rocks; then I think you should be entitled to some interest. Especially if you made a large deposit! If I were you I would try to have a sit down with the GM to see if you can come to an agreement. Maybe you pay $5k-$10k over sticker? Maybe you buy the extended warranty and other things they try to offer you so as to sweeten the deal? if all else fails, then sue those *******s!

 

Play the racist card. Heard of a story a customer came in the largest MB dealer in Newport Beach Ca. and rant and rave that the dealer markup was towards him and threaten to go on social media and blast them and got his G at MSRP.

 

The topic has been discussed and analyzed ad nauseum, however I do realize that it is personal and all together frustrating. For most of us in the US, we are provided a build list in exchange for a deposit. Although seems like an offer and acceptance, apparently it is sufficiently ambiguous and not worth the litigation expense to challenge. From purely a business perspective, dealership seem to be making the assumption that the average buyer will not undertake the upfront legal cost to litigate. It's not a contingency case for an attorney. Once you are in the weeds to determine if this is a binding agreement, seems most bail and move on. At least that seems to be the case with most who have faced a similar situation on this forum.

 

Some interesting information to read at https://joinyaa.com/guides/factory-order-a-car/.

The opinions posted on several websites are that buyer's orders are not binding sales contacts unless signed by an authorized representative of the dealership. I doubt any buyer ever requests this, and I doubt any sales manager at any dealership would sign a buyer's agreement under any circumstances (well maybe if you agree to pay MSRP + $150K in cash right then and there), and his/her refusal to do so should be a warning of what to expect when the car arrives. This is the time to walk away, and save yourself from the bad experience 12 months later.

Just always keep in mind that the person sitting across the desk from you is not your friend no matter how hard he/she is trying to be.

 

Wow, and this is your first post?

 

The squeaky wheel gets the grease. People need to call and complain. Everyone, every time. Discouraging people from complaining to corporate supports the dealers behavior.

 

Mine is scheduled to arrive on 2/14. The GM and I signed dated a one-page document with the VIN and model build sheet stating they were selling it at MSRP and that they had first right of purchasing it back at the price paid. Hoping I don't go through a similar scenario as OP.

 

Once the vehicle is starting to build, you should receive a 'VIN' #. And that should bind w/ your contract / order / deposit. If there's no VIN, the dealer can get away w/ it and u will have not much to do.... contacting MBUSA will take time (unless you are a big celebrity / politician)....Best will be to contact local / national news and have them blow the story...At least let the public knows how bad such and such dealership(s) is / are. It's highway robbery but if there's a market for people who's willing to pay 30k / 50k / 100k over MSRP, they'll do it.

 

Because either party can walk away at any time.

 

I'm not an attorney, but I believe a buyer's order is regarded legally as an adhesion contract. This means a first party writes the terms and conditions and the other party takes it or leaves it. This gives the first party dominant control over the matter, and has great latitude in complying with whatever it has agreed to. Another example of this type of contract is an airline ticket. You buy one, pay for it in full, expect to travel from A to B, and the airline can tell you to go pound sand at its leisure. Such arrangements are apparently regarded as legal, since you as the buyer have the take it or leave it option.

 

I would assume there is language in the agreement (or order) that allows either party to cancel at any time for any reason. Just like the buyer is not obligated nor is the seller.

 

A buyer's order written up at MSRP would by itself seem somewhat problematic inasmuch as MSRPs are generally regarded as merely "opening bids" or a figure at which to begin negotiation -- no negotiation means no agreement on price means no valid contract (at least that would likely be one legal argument available to the dealer). It would be really interesting to know if a buyer's agreement is written up at MSRP + $51,450 (for example) would it be enforceable as it would imply that buyer and seller had negotiated and agreed on the price? Or would it merely be a variation on take it or leave it? Any legal beagles want to weigh in on this?

 

It doesn't matter what number is entered on the contract. The buyers order is ONLY enforceable when all the money changes hands AND the buyer takes delivery of the product.