[Rando]

So... I had agreed with my dealer in January on a price for a factory order.

The order was built and is ready for pick-up, but now he's going back on the price, saying "BMW has changed its pricing." (Even though he told me about a month ago that some pricing changes were coming up and would not affect my price.)

So, two questions:

(1) When you make an order and agree on a price, shouldn't that be THE price???

(2) Have there really been pricing changes, and should I be accountable for those?

Thanks very much. If you're an actual dealer, I would very much appreciate your advice on this.

[BMW06]

if you have it on agreed (signed) paper. Nothing should change.

[rjs]

Did you sign anything re: price? If so then the fact that the proces went up in march should have no effect. You should pay the prev agreed price as far as I know.

[John 070]

Originally Posted by BMW06

if you have it on agreed (signed) paper. Nothing should change.

That should be the case--the sales mgr signs the paperwork which has the CA's name, the car, options, production #, etc.

[MacAttack]

Call or write the BMW help desk or go to their site...www/bmwusa.com and find a number or email so you can ask ....and then let us know.

[BMW F22]

it doesnt matter whether you've signed a paper or not, an oral agreement also constitutes a binding contract. You ordered the car based on the price given to you by the CA. If for any reason he wants to charge more for the car, you can talk to the GM and demand that your agreement be honored.

[Tag]

There has been an increase in price...

If you signed papers agreeing to the price then you can tell him to go fuck himself. If not you can negotiate nicely

[flush01]

http://www.e90post.com/forums/showthread.php?t=54627

they did increase lease rate and dropped residual :/ in you dont mind, how much more they want per month from this change ?

[John 070]

Originally Posted by BMWE90

it doesnt matter whether you've signed a paper or not, an oral agreement also constitutes a binding contract. You ordered the car based on the price given to you by the CA. If for any reason he wants to charge more for the car, you can talk to the GM and demand that your agreement be honored.

It absolutely matters whether something is signed or not. We're not going to trial over buying a BMW, we're talking about what's SOP.

[canucklion]

yes, but if there are no witnesses to the oral agreement, it'll be a he said she said argument, it's always better to have a written agreement instead

Originally Posted by BMWE90

it doesnt matter whether you've signed a paper or not, an oral agreement also constitutes a binding contract. You ordered the car based on the price given to you by the CA. If for any reason he wants to charge more for the car, you can talk to the GM and demand that your agreement be honored.

[HyperM3]

I negotiated my lease in Feb. When I picked up my car this past Sat my CA discussed that the prices had gone up but my agreed upon lease rates would stay the same from number crunching. I didnt care about base number, I was happy with my lease since it didnt go up.

[DaveStinsman]

Look a little deeper here. I think the only thing you are responsible for is the increase in delivery charge. When was your car built?

[BMW F22]

Originally Posted by canucklion

yes, but if there are no witnesses to the oral agreement, it'll be a he said she said argument, it's always better to have a written agreement instead

True. But in this case it's pretty simple to prove: the CA said the price has changed. Therefore he'd have to charge more than the 'agreed upon price'.
That's proof in an of itself.

lol I dont know what im doing getting all technical.

[S4to335]

Originally Posted by Rando

So... I had agreed with my dealer in January on a price for a factory order.

The order was built and is ready for pick-up, but now he's going back on the price, saying "BMW has changed its pricing." (Even though he told me about a month ago that some pricing changes were coming up and would not affect my price.)

So, two questions:

(1) When you make an order and agree on a price, shouldn't that be THE price???

(2) Have there really been pricing changes, and should I be accountable for those?

Thanks very much. If you're an actual dealer, I would very much appreciate your advice on this.

That happened to me...about $300-400 difference..but the payment went down...

[johnc_22]

My Euro delivered 335i was priced with old pricing despite the fact that I didn't actually sign the purchase order until pricing changes had gone into effect (price protection). It probably saved me a few $100's but then I have a great CA. I did pay the higher delivery fee.

But consinder this - if you tell this CA to take a hike you're still going to pay the new pricing AND have to wait all over again...

[S4to335]

Originally Posted by HyperM3

I negotiated my lease in Feb. When I picked up my car this past Sat my CA discussed that the prices had gone up but my agreed upon lease rates would stay the same from number crunching. I didnt care about base number, I was happy with my lease since it didnt go up.

Exactly the same deal with me

[335iNut]

Originally Posted by BMWE90

it doesnt matter whether you've signed a paper or not, an oral agreement also constitutes a binding contract. You ordered the car based on the price given to you by the CA. If for any reason he wants to charge more for the car, you can talk to the GM and demand that your agreement be honored.

First, there has been a price increase. It went up for the March production, which was after I placed my order, but before I negotiated a final price and signed the purchase agreement. I don't know all of the increases, but I do know the following:
(1) Base price - up $200
(2) Destination - up $80
(3) Premium - up $100
(4) Sport - up $100

I'm also pretty sure that active steering went up, but it's not one of my options so I don't know the amount.

Second, an oral contract for the sale of goods over $500 (or in some states $5000) is unenforcable if it is not in writing. Not like you would go to court over this, but if you don't have something in writing evidencing an agreement to the earlier price the dealer's got you. That being said, I had no problem getting my dealer to use the old MSRP as the starting point for our negotiations. He also felt that it was only fair to use the old MSRP since that was the price in effect when I agreed to purchase the car.

[Rando]

Wow, thanks for the quick responses. Answering your questions:

1. Yes, we have agreed on the price in writing (email). I have an email where I said "okay this is the price" and he says "okay, that sounds good"

2. I'm not quite sure exactly when the car was built, but I think it was in early February. (Definitely prior to March.)

3. He hasn't yet told me the pricing change.

Thanks again!

[jmonier]

BMW specifically protects the price for any order that was entered in your name prior to March 1st. That means that they charge the dealer the old invoice price. The only thing not covered is the delivery charge.

[Rando]

How much could the delivery charge change? (I figure no more than like $100, right? $80 was mentioned by 335iNut).

jmonier, how are are you of your statement? (You sound very definitive -- just making sure before I go quoting that to the dealer).

Thanks!

[BMW F22]

First- I am aware of the price canges. But the OP states that he ordered the car back in January. I doubt it takes 3 months to build a car. IF the car is built prior to March he would only have to pay the increase in delivery fees.

Second- I dont know about $500 (or $5000 limitation). I think that only applies to small claims courts.

example: http://www.contractjournal.com/Artic...contracts.html

Originally Posted by 335iNut

First, there has been a price increase. It went up for the March production, which was after I placed my order, but before I negotiated a final price and signed the purchase agreement. I don't know all of the increases, but I do know the following:
(1) Base price - up $200
(2) Destination - up $80
(3) Premium - up $100
(4) Sport - up $100

I'm also pretty sure that active steering went up, but it's not one of my options so I don't know the amount.

Second, an oral contract for the sale of goods over $500 (or in some states $5000) is unenforcable if it is not in writing. Not like you would go to court over this, but if you don't have something in writing evidencing an agreement to the earlier price the dealer's got you. That being said, I had no problem getting my dealer to use the old MSRP as the starting point for our negotiations. He also felt that it was only fair to use the old MSRP since that was the price in effect when I agreed to purchase the car.

[theroyalwe]

the entire price is protected... we were told that any one that ordered before march1 we just tell the F&I office and they handle the paperwork a little differently and the customer pays what they said they would pay... regardless of a slightly higher sticker.

edit: the car had to be reserved EXACTLY in your name and the name had to be reflected on the paperwork.