BEWARE: CAR DEALERSHIP

[kevinwu930]

I was at Brian Jessel BMW in March to inquire about the new 135i coupe. I talked to one of the sales associates there. After some touring, he sat me down and told me that there is one car that will be arriving in May and I might like it and that he strongly encouraged me to put down a deposit of CAD$1,500 just to secure it. So, I asked him what if I found a better deal between this period or if the car arrives, and I don't like it. He then assured me that if I don't like the car when it arrives, or if I decided to not buy the car from them, the deposit will be fully refunded. So, I agreed.

Then, I told him I want to trade in my current car, which is a Mini cooper S. He had the company's used car department to do an evaluation and gave me an estimation of CAD$18,000. He said that we will work a deal out when the car arrives. All he needs now is the deposit. After that he printed out two copies of an agreement. He told me to sign on his copy but not mine. On his copy, he wrote down deposit is refundable subject to trade in value and credit application. However, on my copy of the agreement, he put down quote only.

Yesterday, I went to Park Shore BMW and found a way better deal. They were willing to take in my Mini Cooper for CAD$20,000. And we gladly worked a deal out. So, I called Brian Jessel to ask for a deposit refund. First, the sales told me there is no way that a dealership will pay CAD$20,000 for my car and it might be a trap. Then, he told me he is under a lot of pressure from his manager and that if he cancel this order and give me a refund, he will look bad. So I decided to call the manager directly. The manager told me the deposit is refundable subject to trade in value, and what it means is that they are only promising to give me a trade in value of no less than CAD$18,000. So I told him there is not even a done deal yet. Then I asked him if I don't like the trade in value or deal you offer later on or I don't like the car when it arrives, there will be nothing I can do but to forfeit the deposit? He said yes.

This is absolutely absurd. We have not even sit down and talk about the deal yet, since the sales said we should talk about it when the car is actually here. All I have right now is a piece of paper that has no signature and a written "quote only" on it and they are not giving me any money back.

I've already filed a complaint with Better Business Bureau, and hopefully I can get my refund. On the bright side, I am getting my 135 tomorrow:thumbup:

[koala]

There is an extremely simple solution to all of this, and you could have avoided all of that non-sense with the BBB (the BBB has no power to actually provide a resolution, just FYI-- they are a mediator, nothing more, nothing less).

All you need to do is call your credit card company and tell them to do a charge back. Reason? Never took delivery of the vehicle. Done, simple. Hell, just informing the dealer of this possibility should be enough for them to process your refund immediately. Believe me, a retailer DOES NOT WANT CHARGE BACKS ON THEIR RECORD! This can lead to increased discount rates to accept that brand of credit card or worse-yet, the loss of their merchant account (provided they are slammed with a lot of charge backs on a regular basis).

Of course if you paid a deposit via any other means, that's just asking for trouble.

[Bringinthewolf]

Did you pay the deposit with a credit card? If so, dispute the charge with the CC company.
Details of the car please.

[Road Runner]

You'll get your refund, its good that you filed a complaint with the BBB. Just make it abundantly clear to them that though technically they may not have to refund the deposit (though I've heard conflicting accounts as to the legality of them keeping the deposit), that you'll do everything possible to make life difficult for them.

Hell, in Alberta it only costs one or two hundred bucks to take someone to small claims court (not sure wht it is in BC). Then its sort up to them to decide if keeping $1500 and a dissatisfied customer is worth that hassle of showing up in Small Claims, 9/10 its not worth the hassle.

Oh and yeah, what koala and Bringinthewolf said.

[Bringinthewolf]

Sorry koala, I was typing while you were posting.

[koala]

If you still don't get anywhere just let everyone here know. I'm sure you can get 10 or 15 of us to all email that dealer for you and put pressure on them.

[Bringinthewolf]

kevinwu930, can you pm me your sales guy's name?

[Bringinthewolf]

I hate this kind of used car salesman crap.

[Road Runner]

Originally Posted by Bringinthewolf

I hate this kind of used car salesman crap.

[koala]

Another lesson learned here as well... don't blindly accept a deal without knowing exactly what the terms are. I would never enter into a deal where there are unknowns (IE: my trade-in might be worth 18, 20k, who knows).

You always want the net difference negotiated and agreed upon.

[kevinwu930]

Here are the details of my car:
135i Coupe Le Mans Blue
Premium Package
Comfort Package
Premium Sound
M Sport Package
I'll post up the pictures of my car when I get it tomorrow. This is gonna be the longest day of my life!

Thanks for all the advices. I just called my VISA company. They told me there is nothing they can do for me since when they call Brian Jessel, they will have a receipt with my signature on it?
When I called back to Brian Jessel yesterday, their attitude is just unbelievable. I left a message for the manager and the SA (since they are not available ALWAYS!) that I will be filing complaints to both BBB and motor dealer association BC, they don't seem to be very concerned about it. This is just so frustrating.

[warmtoes]

Kevin, thanks for sending me the name. I hope you can get your money back.

[PhAzE]

kevin your taking delivery on your car already? Thats weird how our cars are the same spec but you got yours so much earlier. I put my order through on January. Hrmm I should have a talk with my SA.

[mtla4]

Im so jealous of LeMans blue oh well I get to see my car tonight

[Bringinthewolf]

Originally Posted by warmtoes

Kevin, thanks for sending me the name. I hope you can get your money back.

+1

[warmtoes]

kevin your taking delivery on your car already?

It seems he's picking up something right off the lot.

[Bringinthewolf]

Originally Posted by warmtoes

It seems he's picking up something right off the lot.

Yes. Right time, right place.

[paologaspar]

Also avoid bringing your car there for service. I've heard stories of the service techs taking out M6s for joyrides (unless it's absolutely necessary to go north of 150kmh to 'test' a car )

[kevinwu930]

Originally Posted by phaze

kevin your taking delivery on your car already? Thats weird how our cars are the same spec but you got yours so much earlier. I put my order through on January. Hrmm I should have a talk with my SA.

Just like Bringthewolf said, I went to the right dealership at the right time. When I took a grey one out to test drive, the car wasn't even there, but when I came back there it is, right on the lot.

[koala]

Originally Posted by kevinwu930

Thanks for all the advices. I just called my VISA company. They told me there is nothing they can do for me since when they call Brian Jessel, they will have a receipt with my signature on it?

Well, did you sign the Visa charge slip? If not, then the dealer violated their merchant agreement with Visa.

[warmtoes]

You should see if you can use the $1500 to buy some sort of accessory or maybe even service if Visa is no help. Get the Dinan flash upgrade for $2K and you'd use it up.

[koala]

Indeed. Worst-case scenario have them do the Dinan reflash and you'll have 384 HP / 421 TQ to the crank.