Compensation for wrong colour and wrong upholstery

[No one]

Originally Posted by afadeev

Yes, I've placed orders on 6-figure cars without a deposit. It's not an issue if you have a relationship with a dealer

Back door?

[afadeev]

Originally Posted by No one

Back door?

Whatever floats your boat, I'm not judging....

[djb76]

you say "wrong car delivered" maybe its not the car he ordered and his car has ended up somewhere else? seems quite a big error to paint the car incorrectly and also fit the wrong upholstery..

if it is the correct car could they repaint it and fit different upholstery.. obviously not ideal but better than no car.

[Westside Guy]

Originally Posted by djb76

you say "wrong car delivered" maybe its not the car he ordered and his car has ended up somewhere else? seems quite a big error to paint the car incorrectly and also fit the wrong upholstery..

if it is the correct car could they repaint it and fit different upholstery.. obviously not ideal but better than no car.

I don't think that anyone would really want to repaint and also change the upholstery color on a brand new car.

[Janjohn]

Originally Posted by helpy

This is in the UK. This is how a vehicle is always ordered for a company. When you order factory build you have to pay a deposit £500/£1000 which is refunded by the dealer upon taking the delivery for the vehicle. Everything being equal the dealer is duty bound to supply the specified car if they don't then unless it a regular deal the customer will have the option of ordering another vehicle or the dealer will place another order or a compromise will be reached. Dependant on the customer he is in the driving seat if he has the legal know how if not he can be fobbed off. Like i mentioned I do have some legal knowledge of how to deal with this. The only reason of posting here is to find out if anyone has been in a similar situation and what transpired. I am not here to battle with other members but I will share the outcome so it helps others in the future.

Sounds like a plan to me. I’m here in the USA, so I’m in an entirely different corporate/business environment. Just from my perspective, unless I considered the color of the vehicle and it’s upholstery hideous, I’d just take it and I would make “a big deal” about how disappointed I was with the dealership. Maybe they could throw in an extra key fob or floormats for your uncle’s trouble. Best Wishes on the purchase.

[djb76]

Originally Posted by Westside Guy

I don't think that anyone would really want to repaint and also change the upholstery color on a brand new car.

no its certainly not ideal. but if theyre really set on that particular car, colour and interior then it might be the only way. and if it was done by bmw themselves then it should be like it came out the factory that way.

[afadeev]

Originally Posted by djb76

and if it was done by bmw themselves then it should be like it came out the factory that way.

Zero chance of that happening.

a

[Altamate]

Originally Posted by djb76

no its certainly not ideal. but if theyre really set on that particular car, colour and interior then it might be the only way. and if it was done by bmw themselves then it should be like it came out the factory that way.

It would be cheaper to get another car on order and eat the price increase.

[allinon72]

Sorry to be the bearer of bad news...

They sold the car, either by accident or on purpose. The factory doesn't just "mess up", there are multiple levels of checks to ensure that doesn't happen.

[Engineer62]

Sorry to hear about this situation - I know nothing of your detail but assume it is exactly how you told the story.
If so, then you have a binding contract - Clear terms (Order Sheet/ Spec Sheet with colors, etc), accepted by both parties (Order #) and have paid 'Consideration' (Your down payment). I don't know UK Law, but here in US and I think everywhere I've worked internationally, this is a Legal Contract - Fully Binding on the parties.

You have options: First, decide if you want the car as specified and agreed - If Yes,

• Then, Press the dealer (Or more likely the BMW Area/Country Rep) to fulfill this deal, EXACTLY as written. Use the above explanation of the contract and their obligation. (While this dealer may not have a slot, if production is not ended, then someone does have a slot or car in the process... Make them trade to get it for you)
• If they cannot or will not, Then, Second, If you want a Car of this model (pre-LCI), then Tell The Dealer (And likely the BMW Are/Country Rep) to propose which car, and which amended terms they believe to be equitable under the contract and then decide to accept or not. Don't let them constrain you to ONLY Cars already in UK unless there are physical differences that would prevent them importing one from Germany/EU Country... Cost is not a deterrent for you. (This is Sort of like doing your own arbitration - Decide what you feel would be acceptable in both Colors, options, timing, and financial compensation, but don't inform the dealer or BMW rep of your new terms - Make them present their terms to you.)
• If they cannot or will not come to the table with reasonable new terms, then retail legal counsel and expect them to both satisfy the contract and pay legal fee's - Have lawyer send letter to this effect to Dealership Owner and BMW Area/Country Rep. Making this a public matter (Court Filings, Proceedings) will be quite embarrassing and the added costs of taking this path act as incentives.

IF You decide you do not want the car under this deal - Estimate the damages and present that estimate, in writing, to the Dealership Owner and BMW Area/Country Rep, in itemized form: for example:

• Difference in costs between your contract and new contract for equivalent deal on Newer, Post LCI equivalent Model
• Estimation of value you assign to the differences between Pre-LCI and Post-LCI Car that drove you to buying a Pre-LCI Car (Including Financial/Repair Risks of buying new untried/tested changes in Post-LCI Car)
• Estimation of value of your time and costs getting to this new deal
• Estimation of time and difficulties in not having the car between original delivery date and delivery date of a new car under revised deal
• Any penalties for their stupidity and incompetence

This should at least get you a Great Deal on the new, Post LCI Car.

Be professional, Lawyer Like or at least General Manager Like in your thought processes and presentation of the above. Focus on how your preferred path is truly better for them as well. You don't really care whether they screed up or intentionally sold your car to someone else - all you want is them to fulfill their contract. Of Course, with BMW Ordering / Tracking Systems, THERE IS SOMEONE Who can take your paperwork and track Exactly what happened.... Just sayin'

PS - NONE of this is Legal Advice, just some poetic license and story telling about your situation.... Good Luck

[Tag]

Was your uncle ever given a production number to track his build? If so, did he create an account to track the car on the BMW portal? That would show its color and options?

[Wolfman64]

Since you have a written order agreement you have a bit of leverage. I would go for an LCI and have them work with BMWFS to get you a lease deal on the new one. I think you can reduce that delta in monthly payments between the two so that maybe an option.
I have seen BMWFS do that in the UK for some screw up in the G60 5 series forum.

In regards to the other car, would the wrong color options even work for your uncle? If so you can push BMW or the dealer to provide you with trunk money that is also available to them to get of the remaining pre-LCI 7 series in stock (which you should do anyway, even if the car would have shown up as ordered).

[BenFenner]

They should be calling the most recent pre-LCI sales they've made and offer them a small sum to cancel their order so they can get you a slot back.

[M3WC]

It could be worse. You could be the guy who flew to Germany for Euro delivery to pickup his individual Atlantis Blue M3. The factory painted it in Atlantic Blue by accident. Everything he had prior to showing up showed Atlantis Blue. BMW later confirmed it was a factory level mistake.