[Who?]

i was under the impression this discussion was about an ethical dilemma and contractual nuances as opposed to opinions and feelings..

[Sherweeeny]

whered you end up with this mate

[thebatman]

Originally Posted by Drk280

Ok.. I will explain the whole story... some people might want to know the whole chain of events...
Starts mid February.
I have been shopping around for over a month.. had not made my mind as to what car I wanted, dealer called me and asked.. I said.. 340i with specific extras.. he called back after 5pm, said he found the car etc.. wanted I think $76k I said no I won't go higher than $70k.. he said wait a sec, came back and said ok.. $70k but I want $2k deposit right now cos he's going overseas for a week, gets the money but he told me it was refundable.
I call my missus, she's not answering, call the salesman back within 5 min of hanging up and said.. no I can't go ahead I haven't checked with my wife.. he says.. too late, he has ordered the car and that I should talk my missus into it, I hang up (mind you I wanted the car at this stage).
Missus doesn't like the fact that it's like our current car and we are buying a car without seeing it, call back 9am next day and tell the owners wife what has happened and she said it's ok no problem you can have your money back, she emails it saying that yes she will refund it but maybe we should think it over the weekend. I emailed her that day saying I wanted a refund but she ignored my email request.
Weekend passes, and we decided to go ahead with the purchase, mid week bmw finance knocks me back, dealer tells me to get funds from elsewhere, no problem I did. I then contact them telling that I have the remaining $68k, the salesman said I don't think it's that price anymore, said he will call me back.
He calls back.. price is now $75.5k changeover ( I had to give them $73.5k) .. what.. I get told they where expecting money from bmw finance but because I didn't get it, they need to pump up the price, mind you they never told me the $70k was dependent on the finance.
I start to feel like I'm being penalised for their stuff up, missus not impressed, salesman ringing thru the week telling me go to convince my wife, great car etc brings price down to $73200, this is 3 weeks now of annoying calls etc.
We both go in on a Sunday to show my missus the car, he raves on and on not budging on the price, the two of us are exhausted and leave.
Get a call mid week, salesman tells me I can have it for $72k, wants a date for pickup, over and over wanted a date, I said if we go ahead it will be the 23 March also added "mind you, it's dependent on wether my wife also agrees and don't be pissed if we don't go ahead" he said no problem you talk to your wife and let me know.
I write email next day explaining that we are not going through with it.. we are sick of this drama.
He replies two days later in a rude email.
I'm off to Brisbane for a week, come back and write the email requesting a refund in 5 days. (Last weekend)
Today I get an email saying that because I did not pick up the car on the 23rd, they had recorded my conversation (without telling me they were recording it) and in that recording I have agreed to pick up the car on that date and since I didn't complete the purchase they now want 10% of the value of the car. They left out the part of the recording of me saying it didn't mean I was buying it and that it was dependent on me and my wife agreeing to it.

So that's where we are today, if they had not changed the price this thread would not have started and the 340i would be in my garage, but this feeling of being ripped off and penalised when it wasn't our fault, has caused us to stick to the first agreement price.

Also to note from the start, the salesman repeated many times, that his dealership is so prosperous that they don't need to keep people's deposits and that he can sell that car anytime to someone else.

His big mistake, I think and the reason for this drama, was ordering the car and adding it to their stock without me signing anything. He mentioned in one early call that once they request a car they can't send it back, but I told him to stop within 5 min and he said it was too late.

I will call fair trade again tomorrow as the advised I got today was shocking, they said that a verbal response of "yes I want to buy that car" is binding and the deposit is also another form of an acceptance to buy the car. All valid without a signature or a written and signed contract. It doesn't make sense, to a lot of people, that I have told this but that is what she said over the phone. She added that I needed to have been more careful in not saying any sort of verbal comments that would imply that I want to buy the car.. like wtf... I couldn't believe what I just heard.

So there you have it, in a nutshell the 4 week drama.

First of all, you seem like you dont wear the pants. You didnt consult your missus and cant make any decisive commitments without her. You need her approval. Bravo ... Well done bro, well done
Secondly, you specifically "agreed to purchase the car" over the period of your so called drama, not once, not twice, BUT THREE TIMES!!!! READ YOUR OWN WORDS ABOVE!!!
Seriously, if I was the car salesman or the dealer, I would of slapped the sh#t out of you and they have every right to keep your deposit. You paid them. changed your mind, then agreed to purchase, then change your mind, then Agreed to purchase again, then changed your mind!!!
WTF is wrong with you? Grow some Gonads. Take it like a man and cut your losses. The dealer would be smokin some kick ass joint rolled in your $2k dollar bills right now!!!

[Sherweeeny]

yeah but in his defence, bmw finance knocked him back even though there were apparently no issues with his credit and there was a $5000 deposit paid by BMW finance if financed with them so there was a $5k discrepancy straight off the bat

[ontheway]

Originally Posted by thebatman

First of all, you seem like you dont wear the pants. You didnt consult your missus and cant make any decisive commitments without her. You need her approval. Bravo ... Well done bro, well done

I don't see what pants has to do with anything here.

[thebatman]

Originally Posted by Sherweeeny

yeah but in his defence, bmw finance knocked him back even though there were apparently no issues with his credit and there was a $5000 deposit paid by BMW finance if financed with them so there was a $5k discrepancy straight off the bat

His story doesnt add up. he never gave a full explanation until later on. BMW finance must of knocked him back for more reasons than you think.

Originally Posted by ontheway

I don't see what pants has to do with anything here.

Yes it does. because each time he changes his mind on buying the car, its because he didnt consult his missus and also she doesnt let him buy it. He shouldnt have put a deposit if he knows that she makes the decision.

[Who?]

Originally Posted by thebatman

His story doesnt add up. he never gave a full explanation until later on. BMW finance must of knocked him back for more reasons than you think.



Yes it does. because each time he changes his mind on buying the car, its because he didnt consult his missus and also she doesnt let him buy it. He shouldnt have put a deposit if he knows that she makes the decision.

this really sums it up doesn't it

Originally Posted by Drk280

Yes riled up, too many things going wrong at this same moment in time in my life.

You're entitled to your opinion as am I.

Think what you like

[Sherweeeny]

Originally Posted by thebatman

His story doesnt add up. he never gave a full explanation until later on. BMW finance must of knocked him back for more reasons than you think.

well for reference, i bought a bmw in 2012, 2016 and 2017, all on their finance and once APRA were involved from 2016 purchase and they were subsequently fined all that money, things changed a lot according to my dealer, even to the point where it affected me with paperwork and wait time for approval even though i was a multiple time returning customer with all my finances official and on the books.

for this reason, i believe there is truth to what he said.

Originally Posted by thebatman

Yes it does. because each time he changes his mind on buying the car, its because he didnt consult his missus and also she doesnt let him buy it. He shouldnt have put a deposit if he knows that she makes the decision.

kind of just looks like he is giving context and is using the missus line to have time to think things over. if the dealer keeps moving the goal posts and is pressuring him to make on the spot decisions worth approx 90k, then i think he has every right to tell them to hold off till he comes back with confirmation. I personally wouldnt use the missus as an excuse, but some people may not react as well under pressure in certain social situations.

[Sherweeeny]

Originally Posted by Who?

this really sums it up doesn't it

what, youve never gone through a tough time in your life? other than that, it doesnt really sum anything up other than youre pretty good at coming to conclusions based on factless assumptions.

what am i missing?

[Who?]

Originally Posted by Sherweeeny

what, youve never gone through a tough time in your life? other than that, it doesnt really sum anything up other than youre pretty good at coming to conclusions based on factless assumptions.

what am i missing?

No assumptions, i asked for abit of clarification and he responded with other events in his life that has absolutely no bearing on buying the car.

You cant simply blame personal issues and take that out on the dealer, its just unfair.

Seriously, all I (we?) want to know is the full story, as whatever hea told us so far has alot of plot holes.

Its far too easy as a community to turn against a dealer and talk trash, but thats neither helpful or productive

[ontheway]

Originally Posted by Who?

No assumptions, i asked for abit of clarification and he responded with other events in his life that has absolutely no bearing on buying the car.

You cant simply blame personal issues and take that out on the dealer, its just unfair.

Seriously, all I (we?) want to know is the full story, as whatever hea told us so far has alot of plot holes

There are heaps of baseless assumptions and having a go a someone for talking to their missus or not wearing the pants is a bit cheap and immature don't you think?

The OP gave a refundable deposit over the phone originally. It doesn't get much simpler than that.

[Who?]

Originally Posted by ontheway

There are heaps of baseless assumptions and having a go a someone for talking to their missus or not wearing the pants is a bit cheap and immature don't you think?

The OP gave a refundable deposit over the phone originally. It doesn't get much simpler than that.

i don't recall making baseless assumptions or talking smack about the size of anyones balls. and yes, I agree name calling is childish

deposit is usually refundable only for a set amount of days. if i made any assumptions, it would be that the OP neglected the nuances of contractual obligations- and that falls directly on the OP. being played by the dealerships stalling tactics and using the OP's indecisiveness against him also falls directly on the OP. At the end of the day, you're spending 90k on a car, we're all adults, and as I said previously, negligence unfortunately has consequences.

No amount of feeling sorry for yourself will change that, and thats what bugs me- don't use self pity as reason

[Sherweeeny]

Originally Posted by Who?

No assumptions, i asked for abit of clarification and he responded with other events in his life that has absolutely no bearing on buying the car.

You cant simply blame personal issues and take that out on the dealer, its just unfair.

Seriously, all I (we?) want to know is the full story, as whatever hea told us so far has alot of plot holes.

Its far too easy as a community to turn against a dealer and talk trash, but thats neither helpful or productive

The way i read his comment was that he had too much stuff going on and having you questioning the way he handled himself was something he wasnt keen on discussing. I would assume that also is the actual case considering he hasnt been back on here since then.

Anyway, all good, just not sure if your attitude towards the dude is warranted, but alas, this is the internet and you can do what you want.

[Who?]

Originally Posted by Sherweeeny

The way i read his comment was that he had too much stuff going on and having you questioning the way he handled himself was something he wasnt keen on discussing. I would assume that also is the actual case considering he hasnt been back on here since then.

Anyway, all good, just not sure if your attitude towards the dude is warranted, but alas, this is the internet and you can do what you want.

yeah, i wasn't trying to cause an argument or anything but when asking for advice, you should be able to provide the whole truth. not just a one sided story that puts the dealer in a negative light.

once a deposit is taken, there is usually a list of things a dealer must do to meet their end of the deal, organising car to delivery, often shipping it interstate, paperwork etc which all take time and costs them money- i guess this is what i wanted to convey, try to understand the dealers perspective

i hope OP negotiated with the dealer for a mutually acceptable outcome and takes it as a lesson learnt, or better yet, to not take it personally and managed to secure a deal

[ontheway]

Originally Posted by Who?

once a deposit is taken, there is usually a list of things a dealer must do to meet their end of the deal, organising car to delivery, often shipping it interstate, paperwork etc which all take time and costs them money- i guess this is what i wanted to convey, try to understand the dealers perspctive....

Refundable deposit over the phone...

I don't get the rest....

[Who?]

Originally Posted by ontheway

Refundable deposit over the phone...

I don't get the rest....

a whole lot of things happened after initially paying deposit. they even agreed on a day to pick up!- presumable weeks go past since paying the deposit

"ithout telling me they were recording it) and in that recording I have agreed to pick up the car on that date and since I didn't complete"

the way I see it, prior to this, the whenever the OP wanted a refund, the dealer talked him out of it until it was too late

[thebatman]

Originally Posted by Who?

No assumptions, i asked for abit of clarification and he responded with other events in his life that has absolutely no bearing on buying the car.

You cant simply blame personal issues and take that out on the dealer, its just unfair.

Seriously, all I (we?) want to know is the full story, as whatever hea told us so far has alot of plot holes.

Its far too easy as a community to turn against a dealer and talk trash, but thats neither helpful or productive

Totally agree!

Originally Posted by ontheway

There are heaps of baseless assumptions and having a go a someone for talking to their missus or not wearing the pants is a bit cheap and immature don't you think?

Read the OP words and explanation above. He clearly cannot make any decisions without any approval. If he knew that was to be the case, then please do not put down any money whatsoever if you are not the person to make decisions. End of story.

Originally Posted by Who?

i don't recall making baseless assumptions or talking smack about the size of anyones balls. and yes, I agree name calling is childish

deposit is usually refundable only for a set amount of days. if i made any assumptions, it would be that the OP neglected the nuances of contractual obligations- and that falls directly on the OP. being played by the dealerships stalling tactics and using the OP's indecisiveness against him also falls directly on the OP. At the end of the day, you're spending 90k on a car, we're all adults, and as I said previously, negligence unfortunately has consequences.

No amount of feeling sorry for yourself will change that, and thats what bugs me- don't use self pity as reason

Yep totally agree

Originally Posted by Who?

you should be able to provide the whole truth. not just a one sided story that puts the dealer in a negative light.

once a deposit is taken, there is usually a list of things a dealer must do to meet their end of the deal, organising car to delivery, often shipping it interstate, paperwork etc which all take time and costs them money- i guess this is what i wanted to convey, try to understand the dealers perspective

[thebatman]

Originally Posted by Sherweeeny

what, youve never gone through a tough time in your life? other than that, it doesnt really sum anything up other than youre pretty good at coming to conclusions based on factless assumptions.

what am i missing?

So what if he is going through a tough time in his life????
We all do!!!
And if he is going through a tough time, then buying a car and changing your mind later and costing the dealers money for their time, ordering the car etc is not an excuse.
If you had a business, and someone wanted to buy your goods, puts down a deposit, and you go ahead and process the goods, ordering it in from the manufacturer, costing you time effort and money, just to have the weener change his mind cos his wife didnt let him buy it, and now you are stuck with the goods that you already paid the manufacturer, and now have to sell it at a loss - because it is no longer brand new/factory ordered. Think about that!!!

[ontheway]

Originally Posted by thebatman

So what if he is going through a tough time in his life????
We all do!!!
And if he is going through a tough time, then buying a car and changing your mind later and costing the dealers money for their time, ordering the car etc is not an excuse.
If you had a business, and someone wanted to buy your goods, puts down a deposit, and you go ahead and process the goods, ordering it in from the manufacturer, costing you time effort and money, just to have the weener change his mind cos his wife didnt let him buy it, and now you are stuck with the goods that you already paid the manufacturer, and now have to sell it at a loss - because it is no longer brand new/factory ordered. Think about that!!!

To be fair to the OP, it wasn't factory ordered, the deposit was refundable and he is probably ignoring your weener bullying as it is self reflective.

[Sherweeeny]

Originally Posted by thebatman

So what if he is going through a tough time in his life????
We all do!!!
And if he is going through a tough time, then buying a car and changing your mind later and costing the dealers money for their time, ordering the car etc is not an excuse.
If you had a business, and someone wanted to buy your goods, puts down a deposit, and you go ahead and process the goods, ordering it in from the manufacturer, costing you time effort and money, just to have the weener change his mind cos his wife didnt let him buy it, and now you are stuck with the goods that you already paid the manufacturer, and now have to sell it at a loss - because it is no longer brand new/factory ordered. Think about that!!!

the irony is strong with your read the thread emoji.

stupidly strong

[x328x]

Just read OP story. Heres my 2 cents. Giving op benefit of the doubt if the salesmen took the deposit over the phone and agreed he could have a refund then the sales rep lied. Surely there is a grace period. He should of got his refund and the story should have ended there.

If the deal was always pending finance then again the deposit ahould have been refundable