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Problem with BMW Dealer

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Old May 16, 2008 | 01:30 PM
  #21  
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No brainer, ask your wife. ITS like having a wife thats a vascular surgeon and not asking her opinion about your TIA's and referral for endarterectomy.
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Old May 16, 2008 | 05:37 PM
  #22  
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Originally Posted by JonBoy,May 16 2008, 09:03 AM
Not asking your wife to provide her expertise is silly. She can give you an answer immediately on the legality of it.

Have you already made a payment on the car? Not a downpayment (which is fully refundable) but an actual lease payment? If so, I'm guessing that the dealership is flat out of luck since you've started payments on the car and taken delivery.

I'm not sure how ED works and if you actually own the car when you pick it up in Germany (ie, that's when your payments start) or if you don't actually own the car until you pick it up back home in the USA.

In principle, I'd be a bit miffed. However, I'd get over it really quickly for the chance to drive a 335i on a daily basis.
I appreciate everyone's comments.

I have not made any payments to BMW Financial Services yet....ED's work a little funny in that BMW North America pays your second month's payment for you (theoretically would have been 5/3) since the car is usually 'in transit'. My first payment would not be due till the begining of June.


And to all who told me to get wifey's opinion, I did.

Unfortunately, she says it is a no-no to post that opinion on here....We have to do a little more research on the conrtact law in this case, establish the jurisdiction, and all that legal junk.


Before things even get elevated to anything though, I'm just going to call the dealership's GM, explain the situation and see where that goes.

I'm hoping for amiable resolution. I'll let you guys know how things turn out.

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Old May 16, 2008 | 05:48 PM
  #23  
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Originally Posted by clawhammer,May 16 2008, 11:13 AM
Negotiate based on the purchase price, not on the payments. The problem could have easily been avoided if you would have done that.
We did negotiate based on purchase price. Specifically, he told me the best deal he could give me was $xxxx above dealer invoice....I said ok, but what would my payment be.

In calculating that payment for me, the dealer's arithmetic in establishing the cap cost was off by about $1000.

For me to have caught that addition error while I was sitting at the dealer's desk when he was originally quoting lease numbers to me in Febuary, I would have needed to know the European Delivery invoice, the dealer cost on the options we wanted, etc......Granted, that info can be found via the web, but I did not feel it was necessary to back and check the dealer's math....I was happy with the payment and in my mind, the deal was good to go.
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Old May 17, 2008 | 03:53 PM
  #24  
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Originally Posted by wickerbill,May 16 2008, 09:42 AM
It's not too hard to figure out payments if you know how much you're going to pay. Negotiating by payments is how they screw people over. That's how people end up with six year loans at 12% interest for a dodge neon but somehow feel like they got a good deal because the payment is under $200/month.
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Old May 18, 2008 | 08:55 AM
  #25  
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That cap cost is an estimate anyway. Do NOT pay any more. Makes no difference if you have made payments or not, you have a signed contract that was not coerced by anyone. They have to stick to it, like it or not. Tell them you want the car, you will pay what the contract says you will pay, or you will sue their asses. "Oh, by the way, my wife is an attorney."
(ps. I'm not, but I have had classes in contract law. Ask your wife if I am right)
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Old May 18, 2008 | 09:49 AM
  #26  
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yeah a contracts a contract. if it was just a bill of sale to the numbers w/o any payments on it, that could be a different story, but if it was the full finance contract showing cap costs, "usage/rental factor", etc, etc. then those are the numbers you will pay, no questions asked. the dealer messed up and it's their problem to worry about.

i work for toyota. if you leased a car from me and we realized that we screwed up, but you already signed, we can politely ask you to resign, but if you say no, then we're stuck and have to deal with it internally.
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Old May 19, 2008 | 07:14 PM
  #27  
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TTT for update
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Old May 19, 2008 | 10:44 PM
  #28  
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A contract is a contract. Sucks for them. They have to eat it. If they still give you BS, just sue them. They will not only have to honor the contract, but pay your legal fees, along with a rental car (since they won't release the car to you), insurance for the rental car, etc etc. This is why we have contracts, to protect us from stupidity.
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Old May 19, 2008 | 10:46 PM
  #29  
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Originally Posted by Penforhire,May 16 2008, 01:01 PM
I'd split the difference. The mistake is honest in this case, as opposed to a weasel-dealer, and you have SOME responsibility to verify contract numbers. Offer to pay half the difference in the spirit of a win-win deal.
Absolutely not. When a contract is wrong in your favor, you do not have to verify a damn thing. You get a wrong contract, and sign it, it's sealed.
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Old May 20, 2008 | 06:14 AM
  #30  
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the only reason I said if he signed a bill of sale only w/o a lease contract, is b/c the error may not have been in the actual sale price of the car but with the residual value or rental/use factors used. so as long as he signed something that showed payments and everything then he is protected and will probably get a nice buy on the car that is now rightfully his
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