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Dealer Submitted the Wrong Build Code

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Old 07-25-2020, 11:23 PM
  #31  
Jim Rockford
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Originally Posted by Archimedes
I’m guessing you’re not a lawyer. There is no contract and there are no damages. Take this case to a lawyer and watch him/her show you to the door. While laughing.
So a bill of sale is just a napkin?

You’re out of order. <- thanks, I’ve always wanted to use this emoji thing with the gavel.
Old 07-25-2020, 11:36 PM
  #32  
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on the lawyer squabble.

To the OP, I might make a little fuss, but not a big one. While you should get the car you want, having the car you'll get is awesome in every way and there are much worse dealer bungles. If they can't get you a new allocation quickly, I would try to get some kind of concession, as others have suggested.

Good luck...and remember this is a one- (or two-) percenter problem.
Old 07-26-2020, 12:33 AM
  #33  
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Originally Posted by Jim Rockford
So a bill of sale is just a napkin?
Like I said, I’m guessing you’re not a lawyer. A build code is not a bill of sale...
Old 07-26-2020, 01:11 AM
  #34  
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Originally Posted by Archimedes
Like I said, I’m guessing you’re not a lawyer. A build code is not a bill of sale...
Objection. Speculation. How do you know he doesn’t have a bill of sale?

Old 07-26-2020, 01:59 AM
  #35  
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Originally Posted by Jim Rockford
Objection. Speculation. How do you know he doesn’t have a bill of sale?
Because by law in the State of California the bill of sale isn’t executed until delivery. There is no contract until delivery. In this State, the dealer can take your deposit, build your car, and sell it to someone else if they want. And the customer has no recourse.
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Old 07-26-2020, 02:21 AM
  #36  
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That is correct except the deposit is fully refundable. Either party can cancel at anytime but the dealer is not able to keep your deposit.

California Code, Vehicle Code - VEH § 11736

c) Fail to refund any purchase money, including purchase deposits, upon demand by a consumer at any time prior to the consumer's signing of a vehicle purchase agreement with a selling dealer and taking delivery of the vehicle described in the brokering agreement.

Last edited by pettelli; 07-26-2020 at 02:42 AM.
Old 07-26-2020, 02:52 AM
  #37  
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Originally Posted by pettelli
That is correct except the deposit is fully refundable. Either party can cancel at anytime but the dealer is not able to keep your deposit.

California Code, Vehicle Code - VEH § 11736

c) Fail to refund any purchase money, including purchase deposits, upon demand by a consumer at any time prior to the consumer's signing of a vehicle purchase agreement with a selling dealer and taking delivery of the vehicle described in the brokering agreement.

Perry Mason: "Objection, your honor. Comment lacks relevance." Judge: Objection sustained. Refundability of deposit never discussed and not in question. Proceed counsel. Perry Mason: Thank you, your honor.
Old 07-26-2020, 03:02 AM
  #38  
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Because by law in the State of California the bill of sale isn’t executed until delivery. There is no contract until delivery. In this State, the dealer can take your deposit, build your car, and sell it to someone else if they want. And the customer has no recourse.
Old 07-26-2020, 03:08 AM
  #39  
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Originally Posted by Archimedes
I’m guessing you’re not a lawyer. There is no contract and there are no damages. Take this case to a lawyer and watch him/her show you to the door. While laughing.
Are you a lawyer?
Old 07-26-2020, 03:35 AM
  #40  
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Originally Posted by pettelli
Because by law in the State of California the bill of sale isn’t executed until delivery. There is no contract until delivery. In this State, the dealer can take your deposit, build your car, and sell it to someone else if they want. And the customer has no recourse.

As co-counsel to @Archimedes , I am pretty sure he meant that the dealer can accept a deposit, not confiscate one. Take could mean either, but in this case I believe he meant accept. Case closed.
Old 07-26-2020, 10:37 AM
  #41  
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I am a lawyer, and who cares - we are the rejects of all legitimate professions. My policy, despite my profession and resulting desire to punch people in the mouth first, is to try to work it out through communication and reasonable expectations. As some have said, maybe it is an opportunity and I agree. That does not remove the sting of this bungle, but maybe it will work out in the long term to your satisfaction. I sure hope so and best of luck to you!
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Old 07-26-2020, 10:48 AM
  #42  
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Originally Posted by Vintage72
I am a lawyer, and who cares - we are the rejects of all legitimate professions. My policy, despite my profession and resulting desire to punch people in the mouth first, is to try to work it out through communication and reasonable expectations. As some have said, maybe it is an opportunity and I agree. That does not remove the sting of this bungle, but maybe it will work out in the long term to your satisfaction. I sure hope so and best of luck to you!

lol, I thought I was the only one that walked around everyday thinking this. I can’t stand stupid people.

OP - yes, they messed up your order, but it’s not like they ordered you a yellow Spyder instead of a Miami blue GT4...calliper colour is easy enough fix and the dealer should offer to have this done when the car arrives for you. as far as the stereo, seems from what most say, the Bose really isn’t that much of an upgrade and you can’t hear much over the engine anyway- especially if you are going to do any exhaust mods, which it sounds like this car is in desperate need of. As for lawyers, what a colossal waste of time and potentially money. I’m sure you can work something out with the dealer without the need to go down that road.

FWIW - I too had to go over the spec with my SA and sign off on all the selected options PRIOR to them locking in my order. Surprised your dealer didn’t/doesn’t do this as a matter of policy.
Old 07-26-2020, 10:51 AM
  #43  
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I didn’t read through the entire thread, but OP, my friend’s car was built, and is sitting in Leipzig awaiting Euro Delivery. However, that is being cancelled, and he is not taking the car. It is Miami blue with black calipers, silver wheels, silver stitching. I think thInk that it’s a 130k MSRP. If interested, I can put you two in touch for more details on the build.
Old 07-26-2020, 12:55 PM
  #44  
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Originally Posted by JAM2
I didn’t read through the entire thread, but OP, my friend’s car was built, and is sitting in Leipzig awaiting Euro Delivery. However, that is being cancelled, and he is not taking the car. It is Miami blue with black calipers, silver wheels, silver stitching. I think thInk that it’s a 130k MSRP. If interested, I can put you two in touch for more details on the build.
yea, give me a PM. Planned a ED w/ JAM2. Have a MB you might like
Miami, PCCB in black calipers, buckets, full leather, Bose, apple play, LED lights, and few other goodies.
Old 07-26-2020, 01:20 PM
  #45  
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Originally Posted by Vintage72
I am a lawyer, and who cares - we are the rejects of all legitimate professions. My policy, despite my profession and resulting desire to punch people in the mouth first, is to try to work it out through communication and reasonable expectations. As some have said, maybe it is an opportunity and I agree. That does not remove the sting of this bungle, but maybe it will work out in the long term to your satisfaction. I sure hope so and best of luck to you!
You have to be a fellow Texan!!!

Do you by chance have a GT3T as well?


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