I have an order for the first SL55 from a dealer...IN WRITING. He is giving the 1st one to someone else saying "there was an order before mine" I ordered it over one year ago and only now (when the first one has a build date) ...does he tell me I am not first. He says I wll get the next one but he has no idea when he will get that allotment. What do you guys think I could or should do?
Thanks in advance for your advice.

 

unfortunately,nothing .All you can do is take your business somewhere else and post dealer's name here,no liability on your partou are just telling the facts.Bad name is the only revenge .

 

Can he not be held accountable for deceptive practices or breach of contract??? (I am not a lawyer....just asking)

 

If your written order does indicate the first SL55 delivered to that dealer and you don't get it, you probably have a breach of contract claim worth at least $40K (provided the deal was for MSRP).

Talk to an attorney (which I am not).

 

Is your contract for the first SL55 and is it at MSRP or Fair Market Value? How many vehicles have you purchased from them over how many years? What did you say to them when he told you that you were being passed over? If he broke his promise the first time what guarentee do you have he won't do it again on the nest SL55. Did you ask to speak to the dealership manager(s) in person? Is the first SL55 going for MSRP or are they getting a large VIG on top of it? Did you ask them to show you the written dated deposit contract from the so-called #1 buyer?

The reason I'm asking all of these questions is that something similar happened to me and I found that we were able to reach an agreement we could both live with without too many hard feelings (on my side). They took in consideration my opinions, and I understood theirs.

My dealership had stopped the policy of taking deposits over a year ago; after the first three SL55's, and a bunch of SL500s. Their new policy seems to be... NO DEPOSITS FROM ANYONE FOR ANY VEHICLE AT ANY TIME, FOR ANY REASON! Apparently they realized that they were going to take heat from the SL500 depositors on the "MSRL" verses "Fair Market Value" issue as well. It's apparent that some dealerships put their finger in the dike a little too late.

Don't kid yourselves these kind of stories on the availablity, delivered pricing, and positioning on these phantom lists is only just starting. What I suggest to others is: If you're on a "List" ask your dealership to produce it. If you have a written deposit agreement, read the small print and see if there's a "Fair Market Value" clause in the small print. If there's not a "FMV" clause and they are telling you that you will get your SL55 at MSRP when your turn comes up, then they should have no problem putting it in writting and this will help insure less problems or misunderstandings later (memories of convenience). Keep in mind that personalities, positions of authority, and policies at dealerships change all the time. Don't assume anything.

 

I have a written order for the FIRST SL55 at MSRP...which they have not honored! This is my first order from this dealership because others in the area refsued to take an order a year ago because they were going to "auction" the car when they got one. I have spoken to the Sales Manager who said I need to speak to the owner himself, which I will do this week. They have essentially agreed that they have broken their "promise".Where do I go from here?

 

Did you pay a deposit?

If you did it's almost certain that contract law applies (US and UK contract law are mostly similar)...Contract law consist of three parts:-

1. Offer - The offer that's being made by the seller (even if it's not detailed certain common law rules apply and the courts usually favour the buyer with regard to anything that would differ from 'acceptable' behaviour).

2. Acceptance - That you've accepted the offer and any terms they've imposed within the offer.

3. Consideration - You've parted with money or some form of payment to secure the contract....up until the point of consideration it's still a negotiation.

I'm sorry to say that if you haven't paid a deposit you're probably screwed...as noted above that's why dealers have probably stopped accepting deposits...they understand contract law to.

I'm not a lawyer (but spent nearly $300k with tem last year!) so get some good local advice.

In the last resort you could always take direct action....I once went into dispute with a company and rather then waste time with lawyers paid students about $3 per hour to picket with billboards and flyers detailing the facts (MAKE SURE THE FACTS ARE PROVABLE ELSE YOU OPEN YOURSELF FOR LIBEL ACTION) not opinions of a company that had breached an agreement. They settled in 5 days....but I didn't pull off the picketing till the settlement had cleared. Total cost about $300 and I got paid $20k.

Pauld

 

I gave them a $500 deposit at the time of the "order" 1 year ago!

 

Did you get a written document detailing what the deposit was for or an order sheet?

Pauld

 

Yes..I got a regular order sheet.

 

Does it say you're getting the first or specify a delivery date?

Does it specify the price?

Pauld

 

It said first SL55AMG order and it specified MSRP and I gave them a $500 deposit and it was initialed by the Sales Manager.

 

TALK TO A LAWYER TOMORROW!

Don't waste time talking to them...once they've taken delivery and sold the first one on you're screwed.

Get the lawyer to draw up a letter to the sales manager and the owner and put them on notice you'll sue for breach of contract and damages. Get the lawyers letter couriered to them same day and get a signed receipt for delivery...I'll have a bet with you that your phone rings within 30 minutes of them getting the letter!

Good luck

Pauld

 

Sorry...also copy the letter to MB USA CEO and Sales Director....pressure from above will hurt them too.

Pauld

 

I thought I would go there and have ONE conversation with the owner of the dealership to whom I have not yet spoken.
before going to a lawyer. I suspect they know they screwed up and maybe the will "make me an offer". Waste of time????

 

Up to you....

But what purpose will a conversation serve? It's only an opportunity for them to talk you round...and I'll guarantee they'll not sell you number 2 at less then MSRP so what's the possible benefit to you.

My view is it's very simple...you have a contract and using a lawyer put's them on notice that you intend to have it enforced or they'll have to cough money. Trust me from a negotiation viewpoint they'll take you a lot more seriously with a lawyer involved now and they'll feel the pressure especially if you inform MB directly and let them know you've done it.

Remember that car salemen are professional fibbers...they're there to maximise there profit and I'd guess that they're going to try to finesse you with some bull story...you have a contract and you don't have to even listen.

Pauld

 

Thanks..will do and post results after something more happens.

 

This isn't Feldmann, is it? I have two on order from them, but I thought they already delivered their first one some time ago...

--Dan

 

No..I'm in Michigan.

 

Listen to pauld he is steering u right. U have to make waves! Get a lawyer yestersay and fire off a letter to them. I had a similiar situation in NJ and when I put the owner on notice with a personnel letter and followed it up with a visit , I was then allocated a car with a PO # to be delivered by late January. They know what cars they are allocated in the next 3-4 months and are lying. My salesman admited to me that he had no control over it and it was the owners and manager decision who gets a car no matter when they ordered it.

 

No offense to you.. But you have to be a ***** with these people!! So grab some brass ***** and get to work!!

They [dealerships] are not the type of people you can reason with regarding deals, etc. They are unaffected by verbal threats of suits. You have to take it all the way with them, especially the dealerships who act in this manner.

Your case is simple: You have a contract in writing, and you have money, and signatures binding that contract. They have not held their end of the contract. It is breech of contract, plain and simple.

Simply going to the dealership and "talking it out" only wastes your time, and makes you look like an a$$ to the dealership owner in the process.

Your time is precious, and they are wasting it and filling your head up with hot air.

If you require assistance, please PM me, and I will help out, no charge (my Princess is a contracts attorney ).

 

On your sheet, does it say anywhere that you are going to buy the car @ MSRP? That may be the kink in your deal, because maybe the person that supposidly took your spot is going to pay the market price for the car.....as they say in life "money talks" if you do have the deposit form saying you will be the first one to buy @ MSRP then take it to a lawyer......but if the small fine print says you will buy it for the fiar market value then you might want to take deposit elsewhere if they are still taking them.

 

My order is definately for MSRP! I have spoken to a lawyer who says the Dealer has violated the Consumer Protection Act. I am going to talk to them on Thurs (owner out of town till then)...then we will see where we satnd. Thanks for all your advice...stay tuned.

 

Bingo... It no longer is about a vehicle, or money, but merely the principle. Some MB Dealerships have been treating their customers like dirt all the while acting like nothing will ever happen to them, or their pocket books.

Nail them to the wall

 

Did this ever get resolved?

Pauld