NVRANUF

My dealer passed on my VIN # today on the car I contracted May 5, that they had ordered back in Feb.

One slight problem, I've signed off on my 993 2 weeks ago, and now the build description has changed from the initial referenced order # of what we negotiated. The "Pro Forma Invoice" number is the same, the VIN is included, but it's deleted Option M6A (matts), and added Option 670 (Nav for PCM).

Has this ever happened to anyone? What would you recommend I do?

I have a sales contract sans 997 VIN stating what we agreed to, but it doesn't include Nav for PCM, which I don't want, and would never have ordered.

OCBen

I'll assume you meant to say you signed off on your 997 2 weeks ago. Well clearly if you have a copy of the initial pro forma invoice to show that's not what you had agreed to purchase, it'll be a cinch to refute. But it sounds like you may have lost it and you're wondering how you can now prove that you didn't order the Nav. Well, I'll let you know, first of all, what I would recommend if you still have the initial copy.

You can approach the sales mgr and say, "What the #@%! ... I didn't order a Nav, I ordered mats!....See here!" With proof in hand you can confidently say you're not paying for something you didn't order, and imply that you can legally back out of the deal since that's not what you had agreed to. The dealer will have only two options. He can let you back out of the deal and find another buyer. Or, he can throw in the Nav free of charge since it was his screw up, and also throw in the mats for free as a consolation for the aggravation.

If you can't find your copy, well then you might try to bluff your way through the above argument and say that you'll go home and return with that copy proving you were right and see if he bites, especially if he himself knowingly (hopefully not intentionally) caused the screw up in the first place.

Speed

With respect to the mats, I'm guessing you ordered the Bose premium sound package. The same thing happend to me with the cab I ordered in Dec. and which I will be picking up next week. It seems that with the cabs with Bose sound, the subwoofers are in the floor rather than behind the rear seats (no room due to the top). As a result, these models need special mats at $452, and which appear to be on back order. For what it's worth, FVD, a Rennlist sponsor, has these mats for $195.

rss997

452 for mats?????????? How special could they be?

NVRANUF

OCBen, I traded in my 97 993 Cab (signed off on my ownership) 2 weeks ago, I have the original pro forma invoice, however it's identifier number isn't referenced on the purchase contract..... The purchase vehicle is just identified as a 2005 997 S Cab. So I can't really use backing out of the deal as a negotiating tactic very easily, not that I want to. I just don't want to pay for something I would never have ordered, and in essence didn't.

Speed, yes I ordered the Bose premium sound, and am aware of the floor matt issue in the 997 Cab, as is my dealer. That given, the matts on the Feb order should be referenced on the latest pro forma invoice that has my vin #. BTW the standard matt will fit the 997 Cab with Bose, as there is space between the floor and the sub-woofer in the passenger foot well.

thanks for your input guys!

Speed

[QUOTE=1Gunner]OCBen, I just don't want to pay for something I would never have ordered, and in essence didn't.

I suggest that you ask the dealer to charge you his dealer cost for NAV as a compromise.

NVRANUF

Speed, that's my fall back position.

first...no way, not going to pay for an option I never agreed to!!
second... ooook, then we'll split the retail price, $2890 Cdn!
lastly, alright then I'll only pay your cost (whatever, and however they arrive at this...) and not a penny more!!

OCBen

I don't know how they handle purchase contracts in Canada, but here in the US, in particular California, you have the right to cancel even if there's nothing wrong with the order and all you had was just a change of heart. Even if you've already laid down a deposit, you have the right to a refund. If I were you I'd do a search of Canadian laws as they pertain to purchase agreements and buyer protection. That way you'll be armed with knowledge of the law and its provisions for protecting you, the buyer.

Most importantly, you have the copy of the original pro forma. I'm sure that once you show that to the dealer he'll be real apologetic about the error and will try to work out a concession if he doesn't offer to give you the Nav for free. You might try asking him what he would do or expect if that were to happen to him! But you do have the right to refuse to pay for something you didn't order. If he doesn't make any concessions you can then ask him to remove it when the car comes in. I'm sure he'll be willing to make any concession that will satisfy you before having to go throught the trouble and expense of removing the unit! With that original in hand you're in the driver's seat here (so to speak). And if I were you, I'd stand my ground firmly!

Good Luck!

1080iAddict

This is about as clear as day to me. You have a contract with the dealer. Even though you did not buy the car yet, you have an "implied-in-fact" contract and you have "detrimental reliance". You ordered a 997 to a spec, you relied on that spec and sold your 993, and you will get your 997 for the bargained-for price, with or without the extra option. If they will not give you the car as you originally specified at the previously stated price, you have an action against the dealer.

I am not a TV lawyer. I only play one in real life.

NVRANUF

Thanks guys for the great comments and legal insights. This is a great site for valued feedback!

I called the owner of the dealership today, explained to him the whole situation, he passed me onto the sales manager whom I thought had the day off. I re-explained to him and left it in their hands to find a solution that does not deny me the car which we negotiated and I accepted. We'll see what happens.