Ordered two trucks!

[DanDee]

Well after lurking for some time, like others I joined after placing an order for a 3500 last week! I can't began to explain how much I've learned from reading all the great posts here the last year or so... Fantastic!



Sorry for this long post, but I really need some advice as it appears I currently have two 3500's on order. (I can barely afford the price of one!)



I live in Northern California. Last year I put off buying a 2003 due to the S/O, lack of inventory and dealer greed. So I was expecting the worst when the new 04. 5's hit the lots... .



Much to my surprise, I was able to place an order at invoice, about an hours drive from home. Dealt with the fleet sales manager, no hassle, gave me a printout showing order with my name, address and VON. That was last week. No down, nothing signed. (But... only a verbal promise of invoice minus rebates!)



Yesterday, while out running around, I stopped by the local dealer (who is asking 10% dealer added markup over list!) Surprise, a salesman there grabbed me while I was trying to find the fleet manager & said he would do an order at invoice.

(I explained I already had an order in & was only asking because the other dealer wouldn't put anything in writing. )



He said invoice price would be in writing, made some written notes of the options I wanted, gave me a photo copy of his notes, saying that later in the day he would fax me a copy of the invoice, showing prices and actual options.

No down payment, I signed nothing, gave him only my name, address & fax #.



Hours later, I left him a voice mail that I was back home & my fax was on... within minutes I got a fax! An order form showing my name and a VON, vehicle ordered!. (He did sign the bottom saying invoice, minus rebates... but he is just a salesman & thats probably not worth much more than the amount of down payment he asked for... $0!)



So my question to anyone with experience or in the business (like Tommygun!);

What is my liability, with my name & address being on a dealer order ? (Which states on the top "not an invoice, "informational" and "subject to change")



No deposit, no signed agreement & the second dealer didn't give any chance to confirm I wanted to order. (I did want to give the first dealer a chance to put the deal in writing, before changing dealers!)



Neither dealer had any 04. 5 dually's in stock, both said that they routinely ordered under fake names, just to get priority orders for inventory... .

So is this just a bait & switch, after a customer waits for months maybe he'll pay whatever they ask?

Or is it just a great way to get priority orders for inventory?



First I thought I'll just wait and see who gets what and see how I'm really treated when it comes time to sign... . But now I'm wondering if I'm missing something!



What my liability might be, having two ordered, only wanting one?



I have searched for hours in TDR & DTR archives, google news, but not much info about special orders with no money and no agreements signed... . This thing is starting to put a damper on the excitement of waiting for my new truck... Help!!!

 

[JWChessell]

This is a lawyer question, not a TDR question. Perhaps one or more lawyers who are members will answer. However, as Abraham Lincoln (a lawyer) said: "A lawyer's time and advice are his stock in trade;" i. e. , lawyer's SELL their time and advice; that's how they make their living.



What you're inquiring about is called the Statute of Frauds. In most states that means that any contract for something having a value of more than $500. 00 (or for real estate of any value, even $1. 00) must be in writing -- unless it's in writing, it's not enforceable. Of course, the value varies from state to state.



"In writing" means "signed by the party to be charged," or "the party to be held liable. " If you have the salesman's signature -- even on a fax, although an original signature -- think "blue ink" -- is best -- then you have an enforceable contract, IF the salesman has the authority to make the contract. If the dealership does not have YOUR signature on a contract, then they don't have anything that can be enforced (in court) against you.

 

[evldsl]

I wouldnt worry about the truck you preordered because the dealer cant sell you that vehicle untill its on his lot. This is due to libility towards the dealer brcause if you had paid for said vehicle and it wasnt delivered to you due to shipping damage or it was delivered with damage you could sue the dealership. I wouldnt worry about it. If you had put down $500. 00 like I did at the first dealership I ordered at the sales person may have said that you would have to wait untill they sold the vehicle to get a return of your money. It is illegeal for any dealership to keep your order money because it is YOUR MONEY and can not be applied towards any other sale that is not yours that would be theft and the dealership would be at fault.

 

[DanDee]

Thanks, I guess I'm just stressing a little. I've almost had a handle on how to cut thru all the dealer tricks when making an on the lot purchase... . and now this ordering thing seems to be a whole new ballgame and I don't know the rules!



Sure helps that there are a lot of dedicated people that volunteer a whole lot of their time to post the latest info and answer questions here! (Not to mention the background work it must take to keep a forum this large up and running!)



Hopefully I'll be able to pick up a shiny new Dodge in the next few months & then I can move to something more productive, like how to make it better!!!



Thanks again!

 

[DMC]

Dandee:



The only problem with not putting a deposit on a vehicle ordered or on the lot. They can sell it to someone else, if the opprtunity arises. Say your truck is comming off the truck and a customer is there looking at the inventory. He tells the salesman I want that one, salesman says its sold, but I don't hsve a deposit on it. The guy says I'll pay more than the other guy offered. Salesman could sell it if he chose to. Since you had not put a deposit on it. This shouldn't happen but can. Maybe I'm wrong but most dealers ask for at least a $500. 00 dollar deposit to order a vehicle. The deposit is refundable but it is an indication that you are sincere in following through on the order.



just my . 02



Don

 

[bighammer]

They will look real nice in your garage.