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Is this cut throat move too cut throat?

Discussion in 'Gen 3 Prius Main Forum' started by Wiserone, Feb 17, 2010.

  1. Wiserone

    Wiserone Member

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    I was at the dealer the other day to buy a 2010 prius and the dealer showed me a vehicle inquiry report for the exact car that I wanted and I made an offer of 29875.

    It was a Prius IV in Blue with the solar package with floor and cargo mats, bumper applique,
    and a cargo net.

    We went through the sale contract and I put $500 down. I was told when I was signing everything that they would be getting the car in about 3 days. Then once everything was done, the dealer tells me that he recorded my specifications and would be searching for a car which fits my specs.

    The following was added to my bill after I signed.
    "Subject to Availability"

    I was pissed..... I was told the car I was buying was the one on the inquiry report.

    I already paid my deposit and now I am in limbo while they "search" for the car.

    I asked for a copy of the vehicle inquiry report and the salesman gave me one with the VIN with black marker through it.

    I left the form in my car overnight and the moisture made the VIN visable. I copied the VIN and I found the car is at a dealership in New Jersey.

    If I just go get my car today from that dealer, do I lose my deposit?

    Is this typical of car dealerships? Will I actually get my car in the time frame promised or am I going to be twiddling my thumbs for a while.
     
  2. samsprius1

    samsprius1 Active Member

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    Just go on cars.com do a search for a new 2010 Prius and it will show what other dealers have!! Hope this helps.
    Good luck,
    Scott
     
  3. The Electric Me

    The Electric Me Go Speed Go!

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    I think you know the answer. As presented, The dealer suckered you into putting a deposit down thinking it was for a specific vehicle, and then changed the parameters to it being a deposit for a search for the vehicle you want, I'd be upset at that misrepresentation. I'd cancel my check.

    Did you communicate your displeasure to the dealership?

    Whether they can get you the vehicle you want and in what timeframe might be the bottom line for you BUT if they misrepresented what you were signing and what you wrote a check for, at the very least it's fraudelent business practice, I'd just walk to another dealership.
     
  4. SDM44

    SDM44 Señor Member

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    I wouldn't go and buy the car from that dealership yet, but at least ask them what's the best price they will give you on that car. Then ask your dealership what's the best price they'll give you for that same car. Dealerships always buy/sell/trade new cars with each other. If a particular dealership has 1 specific model that you're looking for, then it'll be in the database where other dealerships can see and get it for you. That's what I did with my other car, as the dealership it was at wanted more than the dealership in the next town, who just bought the car from them and brought it over and sold it to me.



    You basically gave them time to search for a car at their leisure. Now whether they find one for you fast or not, that's up to them. The only time I ever put down a deposit is if they guarantee the car will be there that day and I go and pick it up (like I did with my other car), or if it's a hot car and I need to secure it before it's snatched up (like I did with my Prius, but I did it through Dianne Whitmire on these boards so I didn't feel like I was giving money to a 'regular salesman' at some dealership).

    You can either politely cancel your order and ask for your deposit back (give them a good excuse and make sure you didn't sign anything that says you forfeit the deposit if you cancel.... if you did, then you should've read the terms better before signing), or if you paid by credit card, call them up and cancel the transaction.
     
  5. DianneWhitmire

    DianneWhitmire High PRIUStess

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    Different states and different dealerships do different things.

    I wouldn't take anyone's $$$ other than a $500 good faith deposit to secure or locate a car. I have, many times, explained to folks exactly what I am doing in their specific circumstances.. & I don't ask anyone to sign a contract unless there's a car here/coming to match. Here figuratively = a real car with a real VIN and a real expectation of time a car will arrive.

    There are hardly any circumstances for any of my clients to sit down and sign in finance for an invisible car. But, other states or other dealers conduct business more .... aggressively .... I suppose.

    Dianne
     
  6. Hidyho

    Hidyho Senior Member

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    Typical Toyota dealer tactic, from my experience, the worst buying experience I have had in extensive auto buying experiences, has been a Toyota dealer, worst car buying I have ever had, and I'm not talking about one dealer either.
     
  7. ToyotaFleetManager

    ToyotaFleetManager New Member

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    1) How can they have you sign contracts without a VIN to a vehicle?

    2) How was your deposit paid? By cash, check or credit card?

    3) As a large volume dealer I would never contract someone on a car that currently does not exist.

    If I was ordering you a vehicle, it would be made absolutely clear to you that your deposit is for a special order vehicle and the vehicle is not immediately avaliable. That is done before I accept a deposit from you.
     
  8. efusco

    efusco Moderator Emeritus
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    I'd go in and demand my deposit back...it's akin to theft, IMO, that they took your money for a specific vehicle then blacked out the VIN--basically they altered the contract you'd made with them without your prior knowledge or permission. Maybe they'll offer you concessions for the trouble.
     
  9. stefcat

    stefcat New Member

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    HI Im with dianne ... I doing the same thing here at my dealership... steffcat
     
  10. stream

    stream Senior Member

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    It's hard to tell from your description, however it doesn't sound like you signed a sales contract (since that would require a VIN), but rather a deposit receipt. Not sure about your state, but in CA all auto deposits are fully refundable.

    I'd speak to the sales manager (and then the GM if you're not satisfied), and tell them you want your deposit back. I wouldn't buy a car from a dealer who tried to pull that BS.
     
  11. DianneWhitmire

    DianneWhitmire High PRIUStess

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    States view contracts differently.
    And, sometimes dealerships rely on loopholes in their DMV laws to secure a customer. In CA, till you take possession and drive the car away, it's not yours. That works both ways, too.

    What you'd do in AZ is different than what the folks in NJ might be allowed to do.

    Look, be careful in your indignant communication. You may not think it's right but on a rare vehicle or unique package or color, this may be the only way the dealership is willing to trade... those little states that all trade with each other work a lot differently than you or I in CA or AZ. You might be giving him west coast appropriate info.

    I have had well meaning folks elsewhere tell my clients how I should be doing things -- and it's not geographically appropriate so I have learned to think twice before insinuating that another dealer's wrong. They handle biz back there a little differently. Just some food for thought.

    FWIW, as I mentioned, I just take a good faith deposit when I need to secure a car. I also explain how I plan to get the car to buyers when I know for certain my game plan. I get lots of requests for unique and odd combinations for CA ... and I do my best to fill 'em!

    Di
     
  12. stefcat

    stefcat New Member

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    Trying to dictate this on my new program.. as you all may remember I have dyslexic..
    we take a deposit in faith too.. the deposit is refundable. I always let the customer know how many are out there in exactly what they want... we always try to make sure the vehicle is available but I let the customer know where I'm standing. The only way final papers can be drawn up if we had the v. number.. I find honesty is the most important thing... every state is different so I has Dianne stated . thanks steffcat
     
  13. efusco

    efusco Moderator Emeritus
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    I hear what you're saying Dianne, and certainly it helps to get one's facts straight before looking the fool. That said, there is absolutely NO GOOD REASON that the exact circumstances of how the car would be acquired and when it would be acquired were not clearly explained to the OP. It wreaks of deception and slime even if they are, technically, within their rights. What'll they do next, try to sell him a $700 extended warranty for $1800?:D
     
  14. calopt

    calopt New Member

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    Price 29875 is about right. Do not offer more than that. There are lots of dealer that carry the IV inventory. Sometime dealer sell the car to the other buyer, if they get more $.
     
  15. Tom Banjo

    Tom Banjo New Member

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    Personally, I think if they try to screw you at step one, watch out. Buying a car can be exciting, and some folks trade on that to get you into situations you normally would avoid. If you can get your deposit back, do it. If you can't, they just spent $500.00 on many years worth of bad advertising. If they are that desperate to screw you, walk away. It's not like there will never be another prius for sale.

    Hopefully, they will earn your trust and business by doing something to deserve your business and trust.
     
  16. Wiserone

    Wiserone Member

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    I got my deposit back only after an hour of arm twisting, a salesman cursing me out saying I am making him old and finally a very real threat of a lawsuit in small claims court followed up by me printing up a large sign to put on my car and remain parked in front of their dealership for a few days (legally) warning potential buyers of my troubles. Even then, they refused to provide me with proof of my refund aside from a statement signed on my original deposit receipt.

    I will NEVER leave a down payment on a car that is not on the lot again. I test drive, I pay, I drive. In that order.

    If anyone was wondering, it was Plaza AutoMall in Brooklyn, NY.
     
  17. sumguy

    sumguy Junior Member

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    I bought mine when they were hard to come by and it seemed my salesman was pulling something too. Forget what type of form I signed but the VIN listed didn't match the car requested. I think he was trying to snooker someone else out of a sale. I eventually got the car I wanted as soon as it came in.
     
  18. DeadPhish

    DeadPhish Senior Member

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    The reason for the 'subject to availability' phrase on your Buyer's Order is that unless your NYC dealer actually called the NJ dealer and had that dealer 'hold' it there could be a NJ buyer negotiating that very vehicle while you're sitting in the NYC showroom.

    If it's during the day, 9 - 5, then stores normally will call quickly to see if that particular vehicle is still there, it could have been sold the night before to a NJ buyer too!!! ( These inventory searches are NOT intantaneous realtime systems ). The transaction still requires the use of Alexander Graham Bell's outdated communication system and sometime even human power to actually have someone at the NJ dealer go walk the lot to make sure that the vehicle is actually there and it doesn't have a SOLD or DEPOSIT sign on it. "Subject to Availability"

    Now if your NYC dealer can call the NJ dealer while you're sitting in his showroom and verify that the vehicle is still there and still unsold then normally that eliminates the need for the 'Subject....' phrase.

    If you did the deal at night or on the weekend then the inventory clerks at the various stores are not there and there's no way to know if that vehicle is really available or not ( inventory clerks are trading vehicles with other stores all the time, it may have been promised to a store in PA and the NJ store is getting a different Prius in return ).

    This phrase is SOP when doing dealer exchanges, again unless the NJ dealer has specifically said 'Yes, we'll hold that vehicle for you.'
     
  19. Jim Clark

    Jim Clark Member

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    Classic bait and switch.
     
  20. DeadPhish

    DeadPhish Senior Member

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    See post just above. There are circumstances that might not be absolutely certain about the acquisition of the vehicle at the time that the negotiation is done.



    However this all comes down to communication. I go overboard to make things clear.
    • Obviously 'we' don't have the vehicle in stock.
    • We're going to call this dealer in NJ to verify if this vehicle is still there; if it is still there will they give it to us - for you. The other dealer can refuse and this happens all the time.
    • If it's still there and that dealer will exchange with us then we're going to send a driver in one of our Prius' to that other dealer and drive 'yours' back here.
    • It will have about xxx extra miles on it.
    • If that other vehicle is not there, then we're going to look for one just like it as close as possible.
    • I'll let you know within 48 hours if we've secured it for you.
    • To do this exchange it requires a $500 ( sometimes $1000 when the Prius was uber-hot ) deposit which of course is applied against the Balance Due on the contract.
    • If we can't get this vehicle or any other one like it within a reasonable distance then I'll call you and we'll reassess everything.
    • Fair enough?
    Then there is a clause on the Buyer's Order that the Buyer and Manager both sign that states that we are going to get this vehicle for the Buyer and when it comes in the Buyer will return in a timely manner and complete the transaction. We will not sell that vehicle to any other buyer and the Buyer will complete the transaction subject to the vehicle being as ordered and in perfect condition. There is a time limit stipulation usually 7 days for dealer exchanges and up to 180 days for ordered vehicles, like when the Prius was uber-hot. This is for the protection of both parties.

    If the Buyer won't agree to this well then there's no agreement and nothing further gets done. It's just business. When I was doing $Million steel contracts all over the US this type of agreement was normal and customary. Luckily retail buyers don't run into force-majeure situations too often; e.g. $100 Million worth of steel that sinks in mid-Atlantic with all hands lost.

    In the end it comes down to the sales person. It relates to communication and trust. If you the buyer like and trust that sales person and if you've been given good solid information all during the process then there's almost never an issue with this procedure. I've done hundreds and hundreds of exchanges like this. Maybe one or two at the most have had complications.
     
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