deposit down for 2015 model, now dealer says can't find one, needs more $

[alext72888]

I may want to see the MSRP and invoice price of the 2016 then and just order one of those. The only argument they have with that one is that it has a higher resale so they will want more money. I feel as though if the invoice and msrp is the same I can argue to keep the same or slightly higher price (up to 200 dollars more I think is reasonable. )

 

[nb rob]

I went to 3 dealerships to get the job done. (TEP)

First two were complete BS. They also wanted a deposit, but they had zero intention of completing the deal.

The third dealership was exceptional, and made me feel that much better about buying this vehicle. They found the exact vehicle I wanted. No fuss.

I'd get my money back and walk. Don't be afraid to tell them why.

 

[Miguelon]

I negotiated for a 2015 Toyota 4runner Trail Premium with KDSS and no other non standard options for 38500 and put down a deposit for this vehicle. They told me they will find one.

Now they are saying that the one they had an eye on has a deposit on it somewhere else, but there are other 2015 models with more options on it, which will be more expensive they say

another option they said would be for them to build me a new 2016 model with the options I want, which would also be more expensive. Their "well it has more resale value" advice doesn't apply because I plan on keeping this car for it's entire lifespan.

I'm kind of aggravated at the situation, and I signed an agreement with a deposit for the car I want at the price that was negotiated... but I understand if that car simply doesn't exist, I can't get it either way.

From this point, I feel like my options are:

1. Pay more for 2015 model with more options (that I don't want)
2. Pay more for a 2016 model

or

3. Figure out a negotiating tactic to get either option 1 or 2 at the price I already agreed on (best case scenario if I can't get the vehicle I want).

I know there is more pressure at the end of the month to make a sale, and I know they really don't want to let go of that deposit.

I'm in no rush to get this car so I can wait a month no problem. They said they will keep looking and call me back next week.

I haven't spoken to them about me knowing about the hold back of the vehicle so I can use this as a negotiation tactic.

Some other Ideas I have

1. Wait till end of the month
2. Threaten to write bad reviews everywhere if deal falls through OR write good reviews if they accept my deal
3. Something else I missed?


I could be wrong on most aspects but that's why I'm asking you guys! Thanks again.

Fred Haas Toyota Country in Spring Tx only made me give them a $50 deposit to have my truck brought in. They said if I didn't like it, they would give me back my $50. Maybe its your dealer.

 

[philsey]

Did they put the VIN # on the contract? For my order and deposit I have that in writing along with the price for my Trail Edition. It took them a few days to confirm they could get it before I had a firm quote. I had faith in them and it worked out fine. It may be that if you didn't have a contract for a specific vehicle, they have an out. That allows them to offer something else for a fair price, even if it is more.

Your best choice is to get your deposit back and tell them you'll gladly make the same deal if they can find the one you want, or a better price on one with a few more accessories. Forget about threatening to sue or smear their name all over the internet ** TRUE THIS. THEY DO NOT GIVE A SHIT** in an attempt to destroy their good will. It won't get you anything and you may need their service later. They would likely give you your deposit and ask you not to come back. Take the high road.
.

This is some good advice ^^.

Absolutely, before you do anything else, get your deposit back. As long as they hold it, you are at a disadvantage. Whether I'd go forward with this dealer would depend greatly on how willingly they do this. Only you can decide. Above all, be pleasant, but PROFESSIONAL, and firm. Imply you'll consider going forward with them. "I just feel it's good business to completely close out this transaction before we go forward". period.

Obviously further deals will contain VIN#, a firm delivery date, after which a loaner will be provided. Any written agreement should contain 'full deposit refund' language, should terms not be met. Granted, their behavior is questionable, but who knows, maybe they'll cough up a good deal? Certainly this experience should improve your skills going fwd.

GL.

 

[Epictetus]

When I got my limited, I had them put the VIN on the contract and add the phrase "or identically equipped replacement".

They found the vehicle I wanted nearby, but it had the auto running boards. We agreed on an additional $1000 ($1500 option).

Good luck on your deal.

 

[Dragontj]

Don't feel bad my TEP is on a ship from Japan. I am in the same boat.

 

[Boardmember]

Agree with the advice to take the high road. The only benefit to not doing so would be that it might make you feel better.

I will wager there's some sort of disclaimer, the reviled "small print", that protects them in this case. Whether they're being truthful or not.

Read your agreement. Before we can give any tactical advice, we would need to know the details.

What was your deposit? $50? Or $1500? That affects what you do next, and their assessment of how serious (or gullible) you are. Has the check been cashed?

 

[DAGNABIT]

They owe you your deposit back plus interest.

should they deliver it on a unicorn that farts rainbows?

OP get your deposit back and walk. They are BOUND to provide what you agreed upon... you are NOT bound to purchase.

I can't believe how many people venture into large purchases without knowing what they are doing.

 

[Scott@Hightech]

My .02 is you give them two options:

1-Find me what I want for the agreed upon price
2-Walk

I also had put down a deposit for a 4R and the dealership even gave me a VIN, I signed paperwork, and said I would be back in 4 days because I was going away. 4 days later the slimeball salesman texts/calls me and says there is a problem and they could get me a different color. I told him I will be at the dealership in 6 hours for my money or my truck, his choice. I showed up and he had a black 14 LE with more options waiting for me. I did not pay for any of those extra options on the truck.

Hold your ground.

those are the the only 2 options that should be on the table, the second being the best one. Seriously, they will try whatever it takes not to give you your money back. If they cant hold up their side then they literally have no ground to stand on even though they will swear up and down that your obligated to buy something blah blah blah.

 

[BobsTrail]

Your dealer is a bum. I ordered a Trail in July 2012, the dealer did not know if I would get a 2012 or a 2013 but said they will give me the same price.

As all the others said, get your money back and run far away.

 

[ECUDrummer]

Yup, take the money and walk. Buying from them at this point will only make the process worse. Spend your money at a dealership that can deliver what you want, not what they want.

It's your money.

 

[Jernik]

I like using Cars.com to search what vehicles are in my area and compare options/pricing on what is on the lots. Sometimes one will be gone when I call, but usually they're pretty quick about keeping it updated (at least around here). You can usually search each individual dealership inventory on their website as well, although I find many have poor search options and are tedious to navigate.

So check the internet. Find what you want. Oh, and get your money back from this dealer you're working with now. I don't like being jerked around, so any continued dialogue with them regarding a new purchase would largely depend on their response to me asking for a refund of my deposit, and their willingness to listen to what I want and not give me any more options for what I don't want. You can then either 1) show them what you found and ask them to get it, or 2) take your deposit and go to the dealer that has what you want and buy it from them.

Note, in my experience dealers are more interested in cutting a deal if the vehicle is on their lot. If they have to go get it, they are less likely to give as good of a deal. Part of that is due to the fact that the dealer who has what you want naturally has an upper hand at the bargaining table with your dealership. They will demand a "premium" piece to do the dealer trade - something that is limited to dealers from the manufacturer, or something that is hot and will sell fast. Thus, your dealer is kind of over the barrel. Do they give you the great deal AND give up a premium piece to close it? Or do they make you pay extra for this hassle/loss of an in demand item?

Maybe that's changed, but 20 years ago when I worked at a dealership this is how it played out. I remember one time I had a customer who wanted to do a dealer trade for something like a Cutlass. At the time, GM had a manufacturing supply issue with brake parts, I think it was, for the full size trucks. They were getting hard to find because GM didn't have the parts available to build the trucks. Guess what the trading dealer wanted for their Cutlass? Yep, a fully loaded (read big mark-up/profit) 4x4 extended cab truck (crew cabs weren't offered yet, except by custom conversion by a 3rd party). I think my sales manager actually let my customer walk over that.

 

[rjb_213]

I had a similar experience obtaining my TRD PRO... all the dealerships I talked to wanted a deposit and said they could find the one I wanted... but I knew there were only a few left/allocated on the west coast.

Unless you are placing an order to have one built (which you can't for 2015's any more). If they can't provide a vin #, a price that meets your needs, and a delivery date... don't give them a deposit.

I found a dealership that could provide the vin # and spec sheet, final price quote, and delivery date... so I gave them a deposit and had my truck in a month.

 

[alext72888]

Been reading up on your posts. I'm going to "let them keep looking and working with dealers" the sales rep told me today when I called that he will call me back within a few days with an update on what's going on.

When I was signing the purchase order and doing the deposit, we went over a 120 day policy that if they can't give me that particular car, they have to build one. Otherwise, there is a "no refund on of deposit" next to the $1000 dollar deposit number I gave them.

Obviously I don't want to wait four months for a car, but if that's what it takes to get a 2016, oh well. (I doubt it will take that long)

That being said, I don't know if I can just walk in and say "gimme my money back"

I live in CT, I don't know the laws 100%, and this is my first time buying a car, so I may have screwed myself, but I'll give them some time for now to "find the vehicle". Thank you all for your help.

 

[kapp_badbloodz]

Been reading up on your posts. I'm going to "let them keep looking and working with dealers" the sales rep told me today when I called that he will call me back within a few days with an update on what's going on.

When I was signing the purchase order and doing the deposit, we went over a 120 day policy that if they can't give me that particular car, they have to build one. Otherwise, there is a "no refund on of deposit" next to the $1000 dollar deposit number I gave them.

Obviously I don't want to wait four months for a car, but if that's what it takes to get a 2016, oh well. (I doubt it will take that long)

That being said, I don't know if I can just walk in and say "gimme my money back"

I live in CT, I don't know the laws 100%, and this is my first time buying a car, so I may have screwed myself, but I'll give them some time for now to "find the vehicle". Thank you all for your help.

A few days???? Dude... pull your head out of the clouds and consider what they're saying:

We have YOUR money and we are trying to sell you what WE want.

You have a written and signed statement declaring they are honoring what you wanted. Now they are pulling a Darth Vader and altering the deal all up in your Cloud City. Tell them to get off their ass and give you your money back.

Like the member up the page said use the internet to your advantage. I walked into the dealership I got my 2015 Trail from with 5 ads of the same Toyota I wanted. Theirs was 37,500 with a sticker or 41. The cheapest I found online was 34800 with kdss. I then printed out trade in values from the three main appraisals they use.

I walked out of the dealership paying 33k + fees. Use this to your advantage. Don't let them make you work to give them business.... they work for you!


Research the model you want. Go online (cars.com or Google dealers in *my city*) and find what is currently in stock. Don't be afraid to drive. I told the dealer o wasn't afraid to drive to Texas. They laughed and when they saw I was serious they shut the hell up pretty quick and realized I knew what I was doing in there.


Good luck man. Hope you get what you want.

 

[JeremyB]

A few days???? Dude... pull your head out of the clouds and consider what they're saying:

The OP seems to have signed a document stating that they'll deliver what he asked within 120 days or they'll order one optioned the way he asked for without any option to cancel the deal and keep his deposit.

OP seems to be up the creek sans paddle given the document. Is it normal to be so locked in when putting a deposit towards a new vehicle?

 

[mnofpeace]

I dont know if its normal, but i bet if he did some really close reading to that same contract, it gives him a way out on some level. It also sounds like the dealer is pressing him to keep him in the dark about any such ways he can use to get out of it since they have failed to deliver. Its sort of like a police officer pressing to enter and search your home, when in reality all you would need to do is give him the correct statute that would stop him at the door stop.

I didnt have this sort of situation, but when buying my 2014, i showed up with proof of just about everything(credit worthiness, multiple ads for truck, edmonds $$ing, ect). They also failed to tell me that they had actually sold the vehicle i had set up to see, only to have the buyer bring it back due to person-related-to-by-marriage rejection. If that was the case, after my 90 min trek to them, i would have either pushed for another runner at the same price, or just walked. :crazy:

But with this being the case, enough Judge Judy watching lets me know that the contract is your friend. Re-read it, and see if you have any sort of recourse to get your $$ back, and not wait them out so they can call all over the region to find a rig to sell you. I know if it were me, id rather waste my own time than to have the dealership waste it.

 

[ECUDrummer]

The OP seems to have signed a document stating that they'll deliver what he asked within 120 days or they'll order one optioned the way he asked for without any option to cancel the deal and keep his deposit.

OP seems to be up the creek sans paddle given the document. Is it normal to be so locked in when putting a deposit towards a new vehicle?

What I would like to know is how the current model year fits into the equation-specifically, if they are not building anymore 2015s (a topic of which I have no idea).

 

[Mmikey]

I don't know if I can just walk in and say "gimme my money back"

I live in CT, I don't know the laws 100%, and this is my first time buying a car, so I may have screwed myself, but I'll give them some time for now to "find the vehicle". Thank you all for your help.

They can't force you to pay more than you agreed to. If they fail to find a vehicle or fail to order a 2016 at the price you agreed to, then they're likely breaching the contract on their end, and you're entitled to your deposit back (obviously I can't tell you for sure since I haven't looked at the contract). You'd probably have to wait the 120 day period before it's considered a breach on the dealer's part.

But [MENTION=126544]kapp_badbloodz[/MENTION] is right, there is no such thing as an (enforceable) contract that locks you into paying some undeterminable amount of money sometime in the future, at the whim of the dealer.

 

[NoDak]

They can't force you to pay more than you agreed to. If they fail to find a vehicle or fail to order a 2016 at the price you agreed to, then they're likely breaching the contract on their end, and you're entitled to your deposit back (obviously I can't tell you for sure since I haven't looked at the contract). You'd probably have to wait the 120 day period before it's considered a breach on the dealer's part.

But @kapp_badbloodz is right, there is no such thing as an (enforceable) contract that locks you into paying some undeterminable amount of money sometime in the future, at the whim of the dealer.

that's if there is that option in the contract. know the car dealer lawyer, they probably still keep all his money even if they broke all the rules, that's why I never sign anything unless its a loan paperwork at the time of pickup.