Unfortunately, you "did not sign any purchasing paperwork" -- so, you have no contract with the dealer where the dealer agreed to provide you with a car by a specified date. The conversations you have had with the salesman at the dealership does not create any kind of contract or binding obligation on the dealer ==> that is why you have to sign a written contract with the dealership to either purchase or lease the car and the salesman/sales manager cannot sign the written contract for the dealer -- usually someone in their finance group signs or the General Manager of the dealership signs. The lesson here is that if you have a specific requirement for delivery of an ordered vehicle, you should have the dealership sign a contract agreeing to deliver the vehicle to you on or before that date.

Even if you purchased the car and paid/signed for the car upfront in a written contract, it is still not the same as your FedEx example because the dealer is not giving you a written delivery time warranty (like FedEx does). Having bought many cars, I have never seen a sales contract that contains any provision about a specified delivery date.

Also, I'm reasonably certain that the $500 deposit you placed is fully refundable without restrictions or conditions (i.e., you can walk away at any time and get back your full $500), since you probably did not sign any contract with the dealer stating that they can keep your $500. When I bought my ordered 545i, I placed a $500 deposit on it -- however, the $500 deposit was only to guarantee that I would have the right of first refusal to buy the car since the dealer only configured one of its allocated 545is and, if I would have demanded return of my $500, the dealer would have sold my ordered 545i to the next guy who wanted to buy it (if another dealer had a built 545i with the options I wanted, it would have cost me $300 to trade inventory for that 545i).

 

I am talking with a great salesperson at my dealership about ordering a 530xi when they are available. As we were talking he suggested that I try to sell my 330xi outright to save money (which is not usual salesperson talk). I asked if there was something he could do if I order a 530xi and sell mine while waiting and he said he could put me in a used BMW for up to 2 weeks, but not a day longer.

After reading through the forums I realize that my dealership is the exception to the rule. They provide me with a BMW loaner each time I am in for service through my salesperson and not my service advisor (even though I only own a 330xi). If anyone is interested in dealing with a dealership that really appreciates their customers and is in the Illinois, Iowa, Wisconsin region then I will be happy to point you in their direction.

Topaz330xi

 

As stated above, I am pleased with my dealership Advantage BMW in Houston, and salesperson Ken Caven. They have "bent over backwards" to please their customers both in sales and service, and after what they did for me (see thread above) they will have a customer for life. I presently have 4 cars (2 BMW's) and replace each every three years. So a little bit of extra effort has made me a very loyal customer and recommender - and will get them a lot of business in the future.

 

So, Leonard - what's the status?

 

Ok, so the salesperson or service manager gives up his/her car... then how do they get to work?

A dealership just can't afford to be loaning cars out to everyone. First you give one to this guy, then you give one to thate guy, then.... next thing you know, there are no cars left to sell.