Dealership Can't Deliver Car I Paid For...

A

Aquaman

100+ Posts
So this past weekend I made the plunge and purchased my first car ever. I've been driving the same car for the past 9 years since high school.

Anyway, the particular dealership didn't have the exact car I wanted in terms of color, interior, and general package. But their sister dealership did have my car--or so they thought.

I signed all of the papers on Saturday, was very excited ,and know that I got a great deal.

All that said, I just got a call from the salesman--when they delivered the car today from the other dealership, the interior was wrong. I do not want this interior color.

So, my question is where do I go from here? Demand same car that I paid for? Use it as a negotiating tool to get something better? What is generally my recourse?

Any thoughts are greatly appreciated.
 
I think you can insist on ordering the car you actually want, but it may take a long time to get it. This is a common dealer ploy, get your money and try to shove what's on hand up your keister.
You have to decide how long to hold out, or try to get your money back and go elsewhere.
 
Wait a minute, I'll get to the bottom of this, we'll find your car. Davenport!

Yes, Mr. Ed.

Where is Mr. Griswold's Sports Wagon?

I don't know sir.

I know what must have happened. It didn't come in. Now I can get you the Sports Wagon; the only problem is that it may take six weeks. I owe it to myself to tell you that if you're taking the whole tribe cross-country, the Wagon Queen Family Truckster is the way to go. You think you hate it now, but just wait until you drive it.
 
I would demand your money back. You signed a contract and they are obligated to deliver the exact car your purchased. Dealerships are not doing very well right now given the economy, so they will do just about anything to keep your business (money).
 
strange, that's how my gramps ended up with a white ford probe with red interior about 20 years ago. what a coincidence.
 
I think AD is test driving your car. It should be available in about six months.
 
If you paid for a car and signed the paperwork, I don't car how fancy their lawyers are... you are entitled that specific vehicle. There are plenty of consumer protection laws against this sort of bait and switch crap.
 
First, bait and swich laws apply to advertising cars for sale that aren't actually available. That doesn't seem to be relevant here.

Second, you can't speculate on what the OP signed because he didn't really say what exactly he signed.

All I know is that I've bought a lot of cars in my 39 years and never once did I sign a contact that obligates the dealer to sell a car that doesn't exist. Surely he has the right to get his money back, but beyond that his legal remedies are likely none.

Bernard
 
I think getting his money back is probably all he cares about.

I'd say thanks but no thanks and go find it elsewhere....that car will pop up once you're walking.
 
I agree that it was a mistake on my part to go forward with a car purchase when I had not seen the vehicle. Lesson learned.

My initial thought is that I want to parlay their mistake into my advantage by using it as a negotiating tool.

I am absolutely positive that I would be able to get my money back. However, the trade in value of my current car came in signficantly higher than every other dealer I dealt with (including Carmax). Also, the deal that I received was amazing, so anything I can do to hang on to the deal is my goal.

If they can't get me the car I paid for, I would imagine my damages would be the amount I am out due to their mistake. For example, if the trade in value at the new dealership was 2000 less and I had to pay another 3500 to get the car I paid for originally, my damages would be 5500. Maybe add in a DTPA threat...

Thanks to all for their thoughts. This is very helpful to me!
 
I work for Lexus, and Hullabalew is correct. You can get your money back, or try to negotiate something different. You have no recourse as to "damages" for not being able to get the same trade in value from another dealer.
 
Wait until you order a car that is in high demand, and see what kind of service you get. Cars that have a waiting list, where people pay extra to get to the head of the line-that's where the dealers really start dealing from the bottom of the deck.
A friend of mine called whining about her dream car, some popular BMW convertible, which she ordered a few months ago. Wanted advice, because the dealer told her it came in, but claimed the engine was 2% down on power so it must have been damaged, so they had to reorder the car.
Haha. She said people were paying a thousand or more to get in front of the waiting list, so I assumed they just sold her car to someone else.
 
My thoughts...

If the interior is the only thing you don't like, then ask them for a $2000 price reduction. Then see how bad they wanna get rid of that car.
 
I got a Nissan Rogue last November soon after they had come out. Each dealership in the area had one so we called around got the best price and ordered the car. In the ordering, I said exactly what features and colors I wanted and didn't want. While waiting for the car to come in (I wanted AWD, TX only had 2WD) I got a phone call at least once a week offering me a Rogue but a 2WD or different color.

When I car came in that I had ordered, I went over the paperwork again to make sure they didn't try to change price or any of that ********.
 
Based on my experience, buying a car from an Austin dealership is not the way to go. It seems to me that Austin is a sellers market especially new cars. Shop around in Houston, Dallas and SA.

My wife bought a new Accord 4 years ago before we were married. She shopped around at Howdy Honda and some others in Austin. Then went to SA and went to Gunn and a few others. She got exactly what she wanted (leather, 2 door, V6, silver, sunroof) in SA for $2000 cheaper than in Austin. Her dad knew a salesman at Howdy Honda and he told her what Gunn offered and asked if they could beat or match it.

The dealer told my father-in-law that there was NO WAY that was a legit price and that it must be an in-line 4. We showed him the paper work,... and he still kept saying that it wasn't a V6. Hilarious.

She bought from Gunn in SA.

Hey, one car buying tip -- ask the dealership to see their 'floorplan'. It is their inventory of cars and how long they have been there. They want to get rid of the ones that have been there longer. You could have 2 identical cars but only difference is # of days there. The one there longer will be cheaper and sometimes significantly cheaper.
 
I've lived in Austin almost all my life (I'm 52) and I have never purchased a car from an Austin dealership. One time I found the best car and best price at a dealership in Midland -- even with the cost of airfare.
 
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