Breach of contract?

[dr.waxman]

Hi all, looking for some advice ...bought an X5M 3 years ago and was due to trade in for a new model. Decided to go ahead and put deposit down for X6M and along with that gave BMW dealer my X5M now as requested in order to secure valuation. Then I find out once they have sold my vehicle, the promised delivery date in writing of end August, is now not going to happen and the car will not reach New Zealand until December 2018. I have a meeting with the national sales manager and the dealer manager tomorrow. I'm wondering what everyone's thoughts are as to what I should be asking for in compensation. In the meantime, they have provided me with a loan car, an X4 which is obviously nowhere near as spec'd out as the X6M or X5M for that matter. I am also supposed to put down another monthly deposit $4000 in about two weeks time. I have already paid a $10,000 deposit and approximately $8000 more into balloon payments. All up approximately $23,000 will go down on the car before and August, to achieve nothing essentially until December.Seeing as it will not be possible that they can provide me with the car that I was meant to have under contract by end August.what is everyone's advice as to what I should be asking for in compensation?

[menelaos]

Is there a consumer protection agency in NZ? if so, you may want to consult w/them.
Otherwise, I would ask a discount equivalent to 4 month installments.
You could also threaten legal action to shake them up.
I have the feeling that they know they're not liable, I mean the dealer.
A combination of charm and threats should provide a better resolution.
I think you should stick w/the order!

[onfireX5]

Take this with a grain of salt as NZ and USA laws have to be different. Here/me , I would want a loner that would make me happy plus zero payments until the X5M arrived. Period.

[pachieh]

Like a F90 loaner!

[Apple Corps]

Why in the world December? Something is not making sense here.

[Luca42]

What have you signed so far? If so, what does that document say? Are you leasing the new car or buying?

The details of your "agreement" with the dealer will help tremendously in determining what remedies are available to you.

I tried to parse through your description of events but was unclear about the order for the new car. Did they promise August delivery? When did that date switch to December 2018 delivery?

[dr.waxman]

Hi all
Thanks for all your responses. The car was promised end August.
I have paid two lots of instalments and deposit already totalling just under NZ$20,000. There is one further payment of just under $4000 owing. Currently I am in an x4 which I'm not happy with. Obviously there is no way they can provide me with a car that is equal specification to that ordered and promised end August. I had a meeting with the manager for New Zealand on Monday and the dealers manager and he has come back to me today with an offer of one payment to be paid by BMW of 4000 in lieu of one monthly payment owing. Not happy. In addition they have offered to place me in an X5M until delivery in December but that will not be as well specd and remember that I ordered and X 6M. Don't mean to sound ungrateful, but when you are spending this kind of money, all those creature comfort's add up, especially when my x5M that was traded in and they have already sold making no doubt a profit, came with every single spec under the sun.
I am thinking of going back to them and rejecting their offer of $4000 and as one of you has already suggested, I firmly believe it should be around about the $10,000 ( like the 4 instalments idea) New Zealand minimum to compensate and the X 5 M as well. Contract law in New Zealand is effectively the same as the UK whereby if there is a late delivery of an item in the contract needs to be put back to the position it would have been and had it been performed and also if there is a loss of amenity of enjoyment the losses to cover those primary benefits as the contract intended can also be sought. The figure of course is very arbitrary and it is hard to define loss of enjoyment and vexation.
The reason for such a delay is because BMW messed up on my original black fire order, saying that backfires were no longer available and then promised that they could build one to spec, with delivery and August. The seating is the issue and the specifications cannot be built on a July build. So basically everything they have promised has fallen through.

[elisiX]

Black Fire is essentially an Individual build due to the interior leather configuration, so I can understand the delay. Though I’m confused as to why your so upset still, considering their latest offer. A payment covered by BMW and an equivalent loaner for a couple of months sounds great to me.

Can you explain the current 4K months payments further? Are these to cover an outstanding balance or continued payments on the loan for the vehicle sold by the dealer? I’d assume that finance is paid out and you would therefore have no payments owning. I may have missed something however.

[Mexecutioner]

There's really not much you can do, you have an X5M to drive around, you will be putting all those miles on their car and in the end you will get the car you want in a few months. 5 years from now none of this will matter.
It sucks when things don't go as planned but I am sure you will be pleased when you receive your car, sounds like a sweet build.

[pachieh]

Agree, but putting you in an X5M is pretty solid. It's a great car, I have one! There isn't much of a difference between it and a X6M beyond the cargo space. You won't notice a difference until your X6M comes in, then the only difference will be less cargo room in the one you bought.

Also, if the issue is BMW in Germany as you noted with the build, you don't have much against the dealer as it's completely out of their control.

Try talking them into a little more money, but you don't have much more wiggle room in my opinion. Or maybe free ceramic coating or Xpel wrap.

[Maverik259]

Sounds like a solid deal from the dealer. Not their fault but they don't want to lose your business. Especially since the X5M is the same car essentially if not better. And what kind of options would you lose that will make that much of difference. It comes pretty loaded even in the base configuration

[Luca42]

I agree with the previous posts. Putting you in an X5M until your car arrives is a very fair attempt to make you whole during the wait. Please understand, I'm not saying that it matches the X5M you just turned in, but it's much closer than an X4.

It sucks that your order was messed up. Just put the miles on their loaner while you wait. Those four to five months of free driving, while not ideal, is a benefit.

I hope that you get the new car sooner rather than later. Good luck.

[pachieh]

It's probably worth mentioning that if you drive their X5M for a few months, you are basically driving off the depreciation and value of the car. They will likely take a loss when they go to sell that X5M since it will no longer be new.

[JMAN1111]

Go for the black fire

[Mdlooker]

You could ask them to throw in the 7yr/125K extended maint warranty.. that's a 4K value and yrs of driving in dropping off the key for upkeep.