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Hi all,
Wondering if you could tell me if I have a contract/agreement or not to purchase a Heritage Limited? If so, how should I approach this or what steps should I take?
Background: I was fully aware that the Heritage Limited would be from dealer stock and not an order (hold that thought). The only thing we and dealerships were unsure of was whether we could customize the vehicle ahead of delivery. So anyways, last October I called around to dealerships inquiring about their Heritage Limited allocation availability and if they were spoken for. Most dealers either said to call back or it was spoken for or it wasn’t spoken for but expect an ADM.
However, one dealership said it was not spoken for and they offered to sell at MSRP (no mention of an ADM). We got a signed Purchase & Sale agreement (or so we thought) reserving the vehicle for us. Since they didn’t have the vehicle in stock, VIN or final pricing info they did not put the final price on the P&S. But they quoted in a text to us the price from the Build and Price website with our custom build price. And they sent us a photo of that price with the Heritage Limited and all the options we selected in the photo. We agreed and my wife sent in a copy her driver’s license as they requested. We also inquired about a down payment and they said they were not taking any.
Fast forward to early last week. I get a text from our sales rep ahead of the order bank opening up to talk about our build wants. Again, no mention of the ADM. Then this past Friday (31 Mar), the sales rep text saying he needs me to call. When I’m finally able to, he tells me that this vehicle is coming from dealer stock, and as such they can’t sell it at MSRP but need to charge a ADM. The sales rep said his “manager has been calling around to other dealers and they are charging a hefty ADM” (paraphrase). But he will look at selling it with a reasonable ADM to come in under other dealers. But the dealer won’t even agree to any price now. They want us to come into the dealership when it arrives then we can discuss.
We reminded them we have a P&S and agreed price. There response is that was not a P&S but just an “order verification.” And then they took the original P&S, crossed out the October date and entered “March 27, 2023” and sent us a new photo copy of that.
I think we had a “contract." Regardless of how they came about getting the vehicle (whether this was dealer stock or an order), the dealership still sets their price on a vehicle they are selling. After an agreement, dealer stock or customer order should not matter. I think now they realized this is from their stock, not a customer order and they don't like the deal they made.
So my questions:
1. If they were only reserving it for us ("order verification" as they call it) and waiting to negotiate a price later, then why did they sign what is clearly a P&S (contract) and not also tell us about the ADM?
2. They clearly are now telling me it is dealer stock and as such can change the price they selling it at. If we had an agreement on a make/model, what does it matter how they came about getting the vehicle?
3. If this is dealer stock (we know it is), then why are they calling the P&S an "order verification" when it states it is a contract?
4. Why change the date on the P&S to match when the "Order window" opened? They made an excuse about the order bank opening up and they needed a new “paper” with this date to match that. Whatever they are calling this document it was executed in Oct 2022, that date has been scribbled out and changed.
5. This was signed by a "Field Manager." Where on the hierarchy of managers is this one and should he have known this was "dealer stock" and not a customer order?
Today they reached out asking “what we thinking?” We responded that since they won’t agree to pricing and we say we have a contract – we said let us know when it arrives. Then we will talk. Sales rep still talking like he will try and get us in it with a low ADM.
So anyone have any thoughts on how to proceed when we seem to have all the elements of an agreement as known at that time? How can I enforce this if I do indeed have a contract/agreement?
Thank in advance.
Wondering if you could tell me if I have a contract/agreement or not to purchase a Heritage Limited? If so, how should I approach this or what steps should I take?
Background: I was fully aware that the Heritage Limited would be from dealer stock and not an order (hold that thought). The only thing we and dealerships were unsure of was whether we could customize the vehicle ahead of delivery. So anyways, last October I called around to dealerships inquiring about their Heritage Limited allocation availability and if they were spoken for. Most dealers either said to call back or it was spoken for or it wasn’t spoken for but expect an ADM.
However, one dealership said it was not spoken for and they offered to sell at MSRP (no mention of an ADM). We got a signed Purchase & Sale agreement (or so we thought) reserving the vehicle for us. Since they didn’t have the vehicle in stock, VIN or final pricing info they did not put the final price on the P&S. But they quoted in a text to us the price from the Build and Price website with our custom build price. And they sent us a photo of that price with the Heritage Limited and all the options we selected in the photo. We agreed and my wife sent in a copy her driver’s license as they requested. We also inquired about a down payment and they said they were not taking any.
Fast forward to early last week. I get a text from our sales rep ahead of the order bank opening up to talk about our build wants. Again, no mention of the ADM. Then this past Friday (31 Mar), the sales rep text saying he needs me to call. When I’m finally able to, he tells me that this vehicle is coming from dealer stock, and as such they can’t sell it at MSRP but need to charge a ADM. The sales rep said his “manager has been calling around to other dealers and they are charging a hefty ADM” (paraphrase). But he will look at selling it with a reasonable ADM to come in under other dealers. But the dealer won’t even agree to any price now. They want us to come into the dealership when it arrives then we can discuss.
We reminded them we have a P&S and agreed price. There response is that was not a P&S but just an “order verification.” And then they took the original P&S, crossed out the October date and entered “March 27, 2023” and sent us a new photo copy of that.
I think we had a “contract." Regardless of how they came about getting the vehicle (whether this was dealer stock or an order), the dealership still sets their price on a vehicle they are selling. After an agreement, dealer stock or customer order should not matter. I think now they realized this is from their stock, not a customer order and they don't like the deal they made.
So my questions:
1. If they were only reserving it for us ("order verification" as they call it) and waiting to negotiate a price later, then why did they sign what is clearly a P&S (contract) and not also tell us about the ADM?
2. They clearly are now telling me it is dealer stock and as such can change the price they selling it at. If we had an agreement on a make/model, what does it matter how they came about getting the vehicle?
3. If this is dealer stock (we know it is), then why are they calling the P&S an "order verification" when it states it is a contract?
4. Why change the date on the P&S to match when the "Order window" opened? They made an excuse about the order bank opening up and they needed a new “paper” with this date to match that. Whatever they are calling this document it was executed in Oct 2022, that date has been scribbled out and changed.
5. This was signed by a "Field Manager." Where on the hierarchy of managers is this one and should he have known this was "dealer stock" and not a customer order?
Today they reached out asking “what we thinking?” We responded that since they won’t agree to pricing and we say we have a contract – we said let us know when it arrives. Then we will talk. Sales rep still talking like he will try and get us in it with a low ADM.
So anyone have any thoughts on how to proceed when we seem to have all the elements of an agreement as known at that time? How can I enforce this if I do indeed have a contract/agreement?
Thank in advance.
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