Long time lurker… Thought I learned it all so I know to avoid but find myself knee deep in a situation… seeking guidance from this amazing family on my next steps.
I signed a lease with a broker from an out of state BMW dealership (I am in NY and the dealership is in NJ). The deal imo is great so i did what i can to secure it. The dealership overnighted all the paperwork last week Tuesday (11/29) to a notary and i met with her the following day and signed off on the lease paperwork. The paperwork had a start date of 11/28, eventhough i was told i will not get the car until the following which i was okay with (mistake number 1, I suppose?)
The following day, I contact the broker and am told the car is being prepped at the dealership and will be on the truck for delivery that day. A few hours after that, I received a call from my lease broker stating the dealership screwed up and received the wrong car and that my car is still at the port awaiting pick up to be delivered to the dealership for prep and ship. I was informed this can take a few days. Mind you the lease start date was from the date they overnighted the paperwork which is on 11/28…
As of today, 12/6, the broker is giving me daily updates which are the same… According to them, the dealership has not received the car yet and they are waiting for truck delivery (i’m told its somewhere in Baltimore port?)… I informed the broker that every day the vehicle is being delayed is coming off the down payment (which i have not provided yet) based on monthly payment divided by 30 days. I’m seeking guidance from this community as to what you believe should be my next steps.
The problem is I am going away for a few weeks begining next week and am afraid i wont be able to get this car delievered to me. I was informed that there is some sort of a 30 day grace period to cancel lease terms within the first 30 days of signing a lease. Is this true? I’m not coming back until the 26th which is a few days shy from the first day of the lease contract.
Seeking guidance from all you experienced folks. What should I do? I’ve leased a few cars before and never once faced this situation. I was going with the process under false pretences thinking the car is on the lot and ready for delivery. Obviously this isnt the fact as i am a week into a contract without any vehicles.
Please share your thoughts and guidance. Anything will be much appreciated.
Lease agreement for a 2024 BMW IX 50. Thank you all in advance.
Technically, not saying this should happen, but technically, once the car is “wholesaled” to the dealer, they can sell it, it sometimes happens before it arrives, usually once the port is done with it, so this is technically possible for a very limited period of time.
Anyway, as for OP, in most cases when buying a deal remote, a few days of paying for a car you don’t have is normal, it’s just part of what you accept when you don’t want to pick up in person, a BMW dealer cannot post-date a contract. That parts normal, but given these circumstances specifically, I’d probably ask for some kind of pro-rate reimbursement (or you can just accept that you got probably 18-20k off the car, give them a few more days and move on with your life if it arrives soon).
Years ago, dealerships like Carmax, Autonation and big chains did offer some type of good-faith return policy… but no more. Even if a broker did provide something in writing, the only paper worth its weight is one from the dealership, signed by someone like the GM.
That’s not entirely true … many states have possession requirements where if the customer does not accept or take possession of the vehicle, it’s not their car.
In Michigan, for example, if the car’s not driven off the lot by the customer, there is a cooling off period.
I can’t talk about what OPs specific rules are but I highly doubt this is something they’d have to take if they threw a fit.
Just to make another point here… I know a previous customer of mine who recently bought a vehicle that was totaled during transport.
He never received the vehicle prior to it being totaled and has a now-funded contract with the captive lender.
There’s a lot of discussion about who’s is liable but I bet dollars to donuts that his state has a statute, that if he did not take possession of that vehicle at any time, it’s not his car.
Not just a statute, but contract common law would say there is no contract formed here. To have a valid contract there needs to be a meeting of the minds, mutual assent. So both parties need to be agreeing to the same thing. Here, the OP was agreeing to a deal where the car was on the lot, the dealer was not. So an essential element of contract formation is absent.
OP if you don’t want the car, I think there is likely a very easy legal argument you could make for not having to take it.
Over a decade ago, I returned Infiniti after driving it for a few days. It was a lot of pain, calling corporate and dealer to get that done. If you like to keep the car just get compensation, if you don’t, send me pm for more info.
My thoughts. You said it’s a great deal. You might not get a great deal come next month. Maybe better, who knows.
Second. You were going out of town either way. I’m sure you can make arrangements for the vehicle when you are away. I’m willing to bet the dealer and broker will help you with this. Ask them what their suggestions are if this happens.
If it was me, I would look for a little compensation back and I’m sure you can work out the details of the delivery.
Maybe you are just experiencing some overall buyers remorse. Been there done it lol.
Got a call from the broker earlier today letting me know the car will be delievered tomorrow first thing. Perhaps the LH’s effect? Lol. Dont get me wrong, I not once had buyers remorse just didnt like being left in the dark. The daily story was we have no updates which bothered me tremendously.
Based on your your guidance, I spoke with the broker and was able to arrange a prorated refund which i will apply towards the downpayment due when car is delivered.
Overall l, I am a happy customer for now. Hopefully the car will arrive tomorrow as promised and ill post some pics for the LH family. Happy holidays to all.
From my understanding, it depends on who pays for the shipping. If a dealer pays for it, they are responsible for fulfilling the contract since the transporter is an “agent” of the dealer. If the customer pays for it, the contract is fulfilled once the transporter takes possession since the transporter is an “agent” of the customer. This could vary via state, but that is how it operates in IL.
