Tifoso48

Today I went to my dealer to take a look at the n ew EQS AMG - actually quite liked it although it is a bit more snug that I had expected.

Anyhow, I was surprised to see a $ 50 k premium sticker on the car, which got me thinking.

I had placed an order with specifications in November, the car was built early April and hopefully will get here in the next 45 days. I have been dealing with this dealer for the last 20 years and the subject of a dealer mark up on this car has not come up.

I am not a fan of dealer mark ups from reputable dealers of reputable marques and I actually have an inquiry into MB corporate regarding their official posture on this.

However, I suppose an argument can be made that this is a "suggested" retail price and the dealer is under no obligation to sell his inventory at the MSRP.

I do believe though that when you place an order for an automobile built to your specification, that this alters the equation.

​​​​​​​Clearly it does not help that prices have not been announced and that you cant even go on the USA configuratior.

Do you think I should I start worrying?

mkraft3003

The car probably won’t be here in the next 45 days. They have not been released yet or gone they homologation. Mine has been sitting at the port in Germany for a while now. I am hoping august at the earliest at this point. In regards to paying a premium you need to ask you dealer and get it in writing. At my dealer there are 3 of us that are getting at MSRP and the next group is being charged an ADM of 25-50k. I have my agreement in writing. While not good business, technically there is nothing to prevent the dealer with hitting you with an ADM if you don’t have the terms in writing (it would be crappy business but in this environment the dealers have the leverage).

HBerman

Unless you have a legal document which states conditions and liabilities, you are at the mercy of the dealership at the time of delivery. The only enforceable contract is one that formally states the contracted price with all of the legal conditions for your state and for which both the buyer and seller have signed.

mkraft3003

actually that’s not accurate, At least in Florida where I am an attorney. May be different In other states but a letter from the dealership that they will sell at msrp is legally sufficient. Ferrari, Mclaren and others simply provide a letter that the car will be sold at MSRP at delivery. There are various legal theories including, but not limited to oral contracts, promissory estoppel and detrimental reliance. Again, I am only referring to Florida law. The only relevant condition is the car being sold at msrp in exchange for consideration which is the deposit.

HBerman

Thanks for the clarification. My point, however, is that if the dealer renegs on the the TBD MSRP sale price, their liability is to return your deposit. Of course, you could decide to seek legal remedies since you are an attorney, but I suspect that the process would become a drawn out affair. I also find it interesting that there are no prices in the US yet, so the sales price is basically a guess at this juncture. Hopefully, all will work out.

HAWKiS63

Bizar.........see also my other post on "get in line" thread.
When a brand is acting arrogant towards her customers, I would walk away from it and never return.
Maybe it is a cultural thing, because over here (in EU), it is not common to pay any premium on a new car (even not when it is very expensive), and when it is in stock, it is either the other way.

Alan Smithee

Buyers are responsible for the premiums, not the manufacturers or the dealers.