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      11-15-2012, 07:51 PM   #1
SHEEDI
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2009 BMW 335i  [4.67]
Dealer SHit /.... Help

Hi all,
i need some advice on this dealer shit. Last sunday i put deposit on 328xi and the advisor told me that car will stay here untill we get financial application approved. Monday , they try to get loan but there was security lock on my credit so they couldnt get credit report.
next morning i offered advisor that i can bring bank check to get the car, he asked me to wait a day. at this point BMW financial advisor was involed trying to get my credit report. I emailed them and left them voice message that i can bring bank check. they said please wait another day.
Next day i called them and left voice message and also email them that i can bring check, no reply.
i went to dealer this evening and manager told me that car has been sold, i said whatttttttttttttttttt. i told him you cant do this to me because i have deposit reciept and he said we can hold car for only 48 hours. i asked him that show me that written policy and also nobody informed that they cant hold car after 48 hours.
Manager said,we can put you in some other car and we can also work on the price, i insisted that i want the same car, he refused and offered me to come back tomorrow and we can find you something same.
what i am thinking that lets wait till tomorrow and look at other cars, but the car iw anted was fully loaded and i told them that i want similar fully loaded car. i will be going there tomorrow. i had to go through this kind of stress for entire week. i want to take legal action aaginst them. please advice what shoul i do at this point?

Thanks
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      11-15-2012, 08:03 PM   #2
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That's BS. Doubt there's any legal recourse for this. I'd say get the deposit back and tell that deal to take a flying leap.
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      11-15-2012, 08:07 PM   #3
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You live in New York. There's like 1,000,000 other BMW dealers out there.

Just tell them you're going to (insert BMW dealership name) now instead.
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      11-15-2012, 08:10 PM   #4
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I emailed to financial advisor if they cant find me something similar tomorrow then i will take legal action
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      11-15-2012, 08:17 PM   #5
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is there any law to file law suit against dealer?
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      11-15-2012, 08:33 PM   #6
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There's no way I would buy anything from that Dealer now or in the future. It sounds to me like he made a better deal with someone else and hung you out to dry. I would say that it would'nt be worth spending the money on a lawyer. I would demand my deposit money back and make a complaint to the Better Business Bureu.
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      11-15-2012, 08:43 PM   #7
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This is BMW Dealer, car was CPO
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      11-15-2012, 08:57 PM   #8
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What does this have to do with the Z4?

And frankly if I'm the dealership, and I am unable to obtain credit report? NO SALE. Unless you're bringing a wad of cash in a duffle bag. Especially if there's someone else with a qualifying credit report wanting to buy the same car.

No offense, but the dealership is absolutely within their rights here, as long as they refund you your deposit.
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      11-15-2012, 09:52 PM   #9
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      11-15-2012, 10:17 PM   #10
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Yeah I feel bad you got screwed but I fail to see what this has to do with Z4s.
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      11-15-2012, 10:20 PM   #11
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as my title says, i need help and getting help has nothing to do with Z4
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      11-15-2012, 10:33 PM   #12
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The HACK, they called and emailed me this evening that they have pulled my credit report and they should be able to approve the loand and sa i have explained earlier that i did offer them BANK check for entire car but they were insisting me to wait for loan approval.
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      11-15-2012, 11:11 PM   #13
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1. No dealer that I've ever dealt with will hold a car indefinitely.
2. Should they have returned one of your e-mails and/or calls? Yes.
3. Should they explain why they need your credit if you're going to provide a bank check? Yes.
4. It's a car. Legal action....really? It means that much to you? I don't imagine your case would get very far.

Get your deposit back, don't deal w/ the same dealership again, and move on with your life (& car hunt). It's just a car.
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      11-15-2012, 11:28 PM   #14
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Get your $$$ back and then tell them that you like this car and that car and also that car... but you need to test drive them all first... then at 10 pm when they're all tires and pissed off... just tell them you need one more day to make up your mind.... when they call again - tell them you need another day....

then get your car at a different place.
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      11-16-2012, 12:04 AM   #15
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I don't know why people think our legal system is filled with frivolous lawsuits. ;-)

No sense suing them, you will waste a ton of time, effort and money. Seems as though you could go to any BMW dealer and tell them you want that car, and they'll either have it in stock, or hunt it down for you.

As for their delay, if the story is as shared, seems unacceptable they didn't reply to you. Maybe they wanted to do a financing deal due to some sort of hidden incentive, that could be why they didn't want your bank check. Regardless, I agree with other poster that in the absence of a mutually signed agreement spelling out all deposit protections and contingencies, I think your best bet is to move on. Life is a lot less stressful that way.
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      11-16-2012, 12:37 AM   #16
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People are always so quick to pull the lawyer trigger. You have a case but what can you really ask for? Just get your money back and go to a different dealer. They lost your business, and you'll find another deal elsewhere. Move on and stop stressing.
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      11-16-2012, 01:21 AM   #17
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Just wear a mask and smash some windows or windshields. LOL JK
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      11-16-2012, 05:25 AM   #18
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Move on to another car and another dealership.

.....or you could hire me to represent you in a lawsuit against the dealer. I would only take the case on an hourly basis, and my rate is $450 per hour. I will need a $15,000 retainer, (in cash ;-). If we have to go to court, my rate jumps to $850 per hour. I'm doubtful you will get a large cash settlement, but really it is the principle of their outrageous behavior that offends me. I will be happy to represent you on the initial suit and any appeals, including all the way up to the U.S. Supreme Court. I will be right there next to you all the way fighting for what is right. Well, at least until your money runs out.
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      11-16-2012, 06:14 AM   #19
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No man leave the guy alone. By providing the dealer a deposit, a legal and binding contract was agreed on by both parties. Go get yourself a good lawyer. I am not talking about on of those sheisters that want 80% of the settlement. The kind of lawyer where you have to pony up about $20,000 upfront.and charges and you $3-400 and hour. Don't take no for an answer. You have rights and those rights have been violated! By the end of this suit you will have your car and you will be the new owner of that dealership!

Of course you could just forget about it and get on with you life.
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      11-16-2012, 07:10 AM   #20
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Just get another car somewhere else. We're not talking about a rare, one-off Ferrari or a classic Aston Martin here.

We're talking about a mass produced BMW. Use the magical button called "search" on BMW's website and find another one near you.
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      11-16-2012, 09:11 AM   #21
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I am going against them, i have already spoke to Lawyer.
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      11-16-2012, 09:14 AM   #22
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Quote:
Originally Posted by Yeggman View Post
Move on to another car and another dealership.

.....or you could hire me to represent you in a lawsuit against the dealer. I would only take the case on an hourly basis, and my rate is $450 per hour. I will need a $15,000 retainer, (in cash ;-). If we have to go to court, my rate jumps to $850 per hour. I'm doubtful you will get a large cash settlement, but really it is the principle of their outrageous behavior that offends me. I will be happy to represent you on the initial suit and any appeals, including all the way up to the U.S. Supreme Court. I will be right there next to you all the way fighting for what is right. Well, at least until your money runs out.
Where were you when the 8yr old across the street guaranteed best lemonade or money back, only to find out it was truly the second best I've had? The nerve of kids these days...
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