Wait is almost over..2010 Prius on Dealer Daily

I can tell you about my experience in short.
I bought a 1999 Mazda Miata. I had signed the title to my trade-in over to the dealer. I had all my license plates transferred over to the new car and this P&S has passed through the Sales and Finance managers hands.
I was extremely clear about "ok, then you need a bank check for the balance which is $12,000, correct?"
All this was written on the P&S. "Yes, that's it, and you can pick up the car in the morning after we prep it."
I show up next morning with a bank check for $12,000 an was told "sorry we made a mistake, it will be $1,000 more!" I balked and told them "not a chance!"
They said they wouldn't sell me the car which they had traded another dealership for.
I called my lawyer. According to him in Masachusetts which is where I was buying it a signed P&S with a Vin# is a legal and binding document. I guess it depends on the State but in Mass when I lived there they had to honor the P&S.
My lawyer has retired and doesn't practice in NH, but a signed P&S before a judge will probably violate "good faith" if they try any funny stuff and a judge would probably take the customers side but that's just a guess on my part.

 

Agreed

 

Glad I could help.

 

That's not quite the way of it -- perhaps close, but not the whole deal.

If you are on a wait-list, you really don't have much, even if you've specified all of the particulars of the car you want. If you have a VIN, then things become a bit different. At that point you have contracted for the purchase of a specific and particular automobile. The dealer could sell you any other car that comes in before then, but you have no right to any car except the one with that VIN.

Still, every dealer knows that someone in this position wants a car and is not likely going to go to court to force the sale of one car. The delay will kill any deal. Who wants (or can afford) to wait months and months to resolve the issue? In the meantime, opportunities to buy will have come and gone.

The real "bottom line" is to work hard to get the VIN and then make certain you see that the build order on the VIN matches your request. Confirm the pricing and have all of that be part of your contract with the dealer. All you do after that (all you CAN do, really) is call on a regular basis to find out where "your" car is at any given moment.

 

Getting a purchase order faxed up to me with the vin # today. I will sign it, fax back and ask him to sign it then fax back to me so I dont fly down there and be surprised. Thx!

 

My P&S which I posted a copy of is legally binding on both parties and that is why I hadd them put my deposit subject to test drive. However I do not have Vin# so it has a whole lot less validity. Of course if i like the car I will buy it then and there. The dealer was happy to get sticker for the car and I was happy to get free floormats.
But they can keep your deposit under certain conditions and it's legible on the copy I posted.

 

WOW. This thread turned into quite the legal battle!:fencing:

Anyway, called my dealer...they still have no idea. (sigh) I will be patient. And honestly, at this point, i'd just like to know if first shipment or not. If not, that's okay. Just like before with pricing, I hate NOT knowing anything!! If it's bad news I can take it, as long as I hear SOMETHING. ya know?!

 

Hardly! I think Jabber and I have somewhat similar views on this. Whether both sides observe the "legalities" may be a question, but it may be a benefit for both sides, also. See below for more fun!

Absolutely true. The only way to have a contract binding on one party is to have an offer that cannot be withdrawn. This is the way many companies write up their contracts, anyway. The fact is that you Purchase Order is simply that -- an order. It will become a contract only once the dealer agrees to be bound by the terms. What dealer is going to be bound without forcing the buyer to make a commitment?

Also quite true.

It is almost like that. The documents are legally binding. What happens is that there are often numerous contingencies written in. These are designed to protect not only the dealer, but also the buyer. If the buyer asks for a test drive first, the the dealer will also have an out written in. If the dollar figure varies, then the buyer wants on out. The dealer is OK with this, because the price to the dealer may vary. More than anything else, however, is the trade-in. So many have them that the contracts have to include the contingencies. A dealer won't commit to a trade-in price without saying that it had better show up on the day of closing in the exact same shape with only a reasonable increase in mileage.

It would be possible to hold the dealer's feet to the fire, as it were, by removing contingencies from the contract. As the buyer, though, you'd have to agree to give up yours. At that point, you would have no option: Once the car arrived, you'd have to buy.

Why doesn't this happen very often? Because cars are fairly fungible. They aren't exactly commodities, but you can pretty well replace one car with another (late year stock models, that is). The dealer knows there always will be another buyer, and the buyer knows there always will be another car and/or another dealer. So, they sign documents and exchange handshakes. The dealer takes a refundable deposit and calls the buyer when "THE" car or a similar one shows up. If the buyer likes it, the deal is done according to the contract. If the buyer doesn't like the car or anything else the dealer has done, usually the deposit is refunded and the parties go their separate ways.

This is a new one on me. If the money changes hands and the car is titled over to the buyer . . . Of course, the real title change doesn't happen until later that night or the next day or so . . . I suppose this is the piece written in to the law regarding customer satisfaction -- with the evidence being that the customer is satisfied if the customer drives away.

I don't know. The more the laws are written to protect the consumer, the more difficult they become to truly use.

 

Does this mean that the GST dealers will finally find out their allocations once the ship is unloaded? It's annoying that GST seems to be behind the others, especially with the Build Your Toyota, as I can't find out what package/option combinations are going to be offered here.

 

Do you prius priority folks know when you are getting yours? I know HTMLspinner is hearing June but just curious as to when we'll be getting feedback/pictures/etc. from OWNERS of the new 2010s. How exciting!!

 

For your sake (AND OURS!!) I hope it is sooner rather than later.

I know you'll flood us with pics, reviews, etc. and just make me want mine that much sooner!!!

 

I spoke to the GM today at my local dealer and he told me I dont need to put down a deposit but for $500 over MSRP, myself and anyone who wants whatever they get allocated will get their choice. This reminds me of when Harleys were the hot items back in the 90's. Did the same thing except they let me pay MSRP as long as I put $1500 in extra's on it. So, my advise if you really want one and dont want to wait for the demand to drop, offer MSRP + and maybe they'll throw in some goodies...

 

Any word on Kentucky Highway? I have been looking for it but with no luck! Thanks FRED

 

At least your dealer answers your phone call. FRED

 

Me too! Where are those puppies! And, if the second boat is in Portland OR, where's the next boat chock full of Prii for Boston? I want to look down from the Tobin Bridge onto the loading dock parking lot FULL of 'em!!