I recently ordered a 2004 325ci from a BMW dealership. I told the dealer that I wanted it with a moon roof and in titanium silver color. So he did a search and found a dealership in Tennessee that had it in inventory. To make a long story short, we negotiated a deal, had all the papers signed, money deposited and got approve from a bank for a fix APR rate. I was told the car would be here within 2 weeks.

This morning I got a call from the dealer saying the car has already been sold. Needless to say I was pissed, he gave me 3 options, 1) Buy the same car in a different color and options. 2) Get the car built from BMW and wait 2 months. 3) Have my deposit refunded. I didn’t want the car built from BMW, because it would take 2 months. I need a new car ASAP, because the car I'm currently driving is a piece of sh***. I was very specific on the car I wanted so I requested my deposited be refunded.

My question is, is it legal for a dealership to sell you a car and not deliver? Do you know any place when I can make a formal complaint to BMW? What do you recommend I do about this situation?

i've heard of a car that got damaged at VPC. someone dropped something on it. he's in the same situation as you are. do you have any contracts? i'm sure a lawyer can find a way.

I have contracts, but I'm not exactly looking for a law suit.

Sounds like they did all the work and didn't get the other dealership to hold the car for you. Probably nothing illegal about it since they aren't trying to rip you off. Additionally, they are probably as pissed as you about the situation.

Can you go to another dealership? They may have a better relationship with other dealerships and be able to get you the car you want.

I would just suck it up and wait the 2 months. You will get the car that you really want and it will be much better in the end. Its kinda like going to get a tatoo. A hasty decision now can affect you for a long time.

I can't imagine their aren't any other silver, 325's with a moonroof out there...good luck!

The "other" dealership sold "your" car to someone else for a higher price. Its not Illegal for them to do that. Because the car is not your yet, it still belong to the dealership. If they keep your deposit, then that a different story. But since they offer to return, just take it an shop around again.

Even though it not Illegal, its still mess up for them to do that to you. I would be :mad:

Originally posted by AngelEye328i
The "other" dealership sold "your" car to someone else for a higher price. Its not Illegal for them to do that. Because the car is not your yet, it still belong to the dealership. If they keep your deposit, then that a different story. But since they offer to return, just take it an shop around again.

Even though it not Illegal, its still mess up for them to do that to you. I would be :mad:

Agreed. Wait the 2 months-- otherwise, you would be 'settling'. You definitely do not want to do that with something like a car, that will be with you a while. Unless, of course, you change cars often, then that's another story.

Regards,
andrew

it's not unlawful in Texas from what i've heard of your situation. If you gave a deposit, and signed the paper work and it's financed, but you haven't started making payments, that means you haven't taken delievery. if you haven't taken delievery you dont own the car, if you don't own the car the contracts aren't legal yet. it sucks but it's how it works.

im a carsalesman myself so ..