Discussion in '2012-2016 VW Passat TDI forum' started by 69mach1377, Jul 28, 2011.
I paid exactly that for a TDI SE w/ Sunroof. It was most definitely NOT easy.
I'm getting ready to buy a 2014 TDI SEL Premium. Sticker $34,215, will buy for $29,995 plus tax and DMV. Any thoughts on how good this deal is?
I went through TrueCar, and got about the same price for the same car.
I'm using TrueCar too! Great site and the Passat will be the second vehicle I've purchased with it.
Getting ready to purchase tomorrow afternoon. I inquired about adding the lip spoiler to the trunk and was quoted $362 installed. Has anyone else added it? Is the cost reasonable?
Let's try this again - troubles with posting pics. Bought this beauty today; TDI SEL Premium for $29,950, plus tax and dmv. MSRP $34,215. The other car is my rental which I'll turn back in later this week.
Basically stole mine, 2013 SE 18" wheels 13k miles $21000!
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Bought my SE TDI, Sunroof/Navi for 26,600 here in El Cajon, CA, at Mossy VW. I'm very impressed with mileage and how the car handles/drives. Sweet ride!
Back in March, the year of the Storms, I saw a dealership in CO with a 2014 TDI SE w/DSG sunroof advertised online for 24,723. Dealer fee was $499 on top of that. Bought it for $25,222, had them send me the offer via an email and I accepted. Flew in to Denver a week later, on a Tuesday, and they'd sold my car out, with VIN # on the email, printed out, a Jan 2014 build, right out from underneath me, the friday before, which explained why they called on Saturday and told me the car I bought has 300 miles on it, they have another one with only 150 on it. I told them nope, want the one I bought. Got in on Tuesday, and noticed the wrong VIN number, built in Oct, not the Jan build I bought. Noticed the MSRP was $385 lower on the October build, vs the Jan 2014 build, so since I already had a cashiers check for in full, I asked them for a $385 check back, or they could get me a Jan 2014 or later build DSG with sunroof to replace the one they sold out from underneath me. They claimed they didn't know where it was... I went to the service dept, gave the guy the VIN number of what I was supposed to receive, and lo and behold, it had a Date IN Service, the day the warranty started, for the Friday before, 5 days ago. Sold out from underneath me, and now it was a breach of contract, in writing, and a bait and switch.
I finally accepted the car they'd pulled out, then filled out all the forms with the finance guy. It's now going on 4.5 hours of getting jerked around, all the paper work is signed, now I am waiting for my keys, I have 1050 miles to make in 2 days. Guy who does internet sales shows up with one more form, saying I have to waive the $1000 fuel card. Why wasn't this presented to me when I was signing all the other forms, before I gave them the check, instead of being under duress, holding the keys back from me? I needed to get on the road, had to make Green River or better that night in Utah. Knew I had them for breach of contract, so I signed the form, got the keys, and called VW Customer Care ASAP, knowing I had them for breach of contract. Got into it with VW Customer Care trying to weasel out of the $1000 fuel card, pointed out to them that their ad says on TV that it's like having 2 deals in 1... the $1000 card is a deal with VWof America, not with your dealership trying to hold back money from you the buyer. Then they told me I didn't qualify because I didn't use their financing. I pointed out to them the wording that there was no mention of buying the car AND with using their financing... Terms were buy a TDI diesel before March 31st, 2014 and get the $1000 fuel back. No other conditions, financing was mentioned only as an EXAMPLE, because most people finance, few come in and pay in full with a cashiers check.
I also mentioned would they like to see me in court, and get me the car I agreed to buy with said VIN number, and I didn't care how they got it back, it was the car I bought, said sales order number and said VIN number. They ended up giving me back a check for $750 in lieu of the fuel card.
BTW, said car built in October 2013 had an obnoxious defect, no wonder the dealership in Boulder CO couldn't sell it, it had a defective rear window that distorted every single cars rear license plate and RF bumper when looking through the rear view mirror. That took 4 visits to VW dealerships, 3 just to get it approved and ordered... VW sucks on getting any type of authorization for warranty repair. Total waste of time, but they did agree it was indeed defective.
So, recap, 25, 222 - 385- 750. $24, 087 for a DSG w sunroof. Add in a $200 flight, 2 days lost, a night of lodging, and about 52 MPG the whole way home. Dealership probably got a nice write up for breach of contract. VW Customer care is a 3rd party entity, contracted by VW of America.... I suspect they get paid based on how much they minimize VW's losses, made up in bonuses. Terrible way to run a business, absolutely zero, no accountability. VWoA does not care.
Hey jf I got the same, a 2014 TDI SE, also at Mossy VW, Platinum Gray with Moonrock Gray interior. $26k + T&L, in mid Aug, it's our second. Got the 2013 TDI exactly a year earlier.
I should add, excellent sales experience, used the same sales guy the second time. Their detailing of the cars lacked a bit, but got free details for both cars each time, could have been because we started each sale at 8pm, out at 10...
There is a whole lot wrong here, but I have to point something out.
Now, IANAL, but I do know a little tiny bit about contracts. Contracts have three parts: an offer, an acceptance, and a consideration.
The E-Mail with the VIN number is an offer. You accepted the offer.
The check you brought with you is the consideration.
Because you didn't give them money until you got there a week later, there was no contract.
If you'd given them $1 via credit card a week earlier (they may have wanted more, but $1 is legally enough), then there would be a valid contract, and they'd have to honor it.
Bait and switch, yeah. The whole thing about the gas card, yeah. Horrible treatment, yeah. I have no doubt that there is a legal case. Just not breach of contract.
I still regret not walking out of a chevy dealer when I was in my 20's. If they'd done this to me, I would have flown home.
Contract law is different from state-to-state. But since this has a couple of states involved, a judge would have to determine which state's laws should apply. In Texas, this would likely fall under the Deceptive Trade Practices Act (DTPA).
Regardless of which state's laws apply, it is nearly universal that $1 is insufficient consideration. Maybe if the value of the contract was no more than $10, that would be sufficient consideration. But not for a car.
Does the Deceptive Trade Practices Act directly address contract law, or does it apply to other types of trade where there normally isn't a contract?
I'll agree that $1 may not be enough, because it still supports my point: no contract existed when the dealer sold the specific car he wanted.
Sure, he agreed to purchase that particular car, and he told them he was coming, but things change, and he may not have bought that particular car. They presumably had a customer standing there who said "I want that one" with money in their hand. If I was the dealer, I would have sold the car.
... and I would have sold the car because there was no contract with any other buyer.
When they called to say "The car doesn't have 300 miles on it, it has 150" that kind of sounds like they knew they weren't going to deliver the specific VIN their customer expected, and being honest might have left them with a happy customer. There is a whole lot that went wrong.
At a minimum, the offer E-Mail should have said "subject to prior sale" or some similar language.
Agreed that a deposit on a credit card would have prevented the car from being sold during the agreed time period buyer stated he would be able to get there. When I bought mine last month, I knew exactly which one I wanted from looking at their online inventory. Texting back and forth with my sales guy, I stated the stock number I wanted, he said no problem, and to sure it would be there, I asked about giving them a deposit of $500 on my credit card, which they readily accepted. It was on Thursday and I told them I would be in the following Tuesday to complete the deal - no problem. In fact, after exchanging pleasantries and talking a few minutes, I asked to see the car and he pointed to it on the showroom floor! He said he had it washed/detailed the previous afternoon and didn't want to chance that it would rain so he brought it in to sit inside overnight. I thought that was a nice touch.
The short answer to the DTPA question is that it covers a lot of different business activity, and is broader than just contract law.
I agree 100% that there was no contract per se under general contract principles. But if I were his lawyer, I'd still assert a breach of contract cause of action. I mean, he traveled out of state, by plane, and came back with nothing! But then again, I've got a soft spot for the little guy or the guys who get f'd over. As Peter Griffin says, "it really grinds my gears."
I'm sure there are enough facts that would defeat a lot of the dealer's defenses (statute of frauds, no reliance, etc) that settlement would be "fruitful" in Texas. These facts may prove otherwise in other jurisdictions. In Texas, you can recover reasonable attorneys fees on both breach of contract and DTPA causes of action. I know other states do not provide for attorney's fees for a breach of contract cause of action (Alabama comes to mind).
Disclaimer (sorry for the douchey lawyer stuff): nothing in this post creates an attorney-client relationship, and nothing in this post should be construed as legal advice to any individual.
They asked for my credit card number via an email, which I provided, and I authorized a $500 charge to the credit card as as a deposit, via an email response, as consideration, in response to their email, on the day I accepted their offer. I would say that via email, that constitutes consideration. That I went to my bank that same day, and had a cashiers check made up in the full amount... that I took action, based on their written email offer, to complete the transaction, based on their offer, constitutes consideration, and I notified them as such that I did so that day, 3 days before they sold the car... effort made on my part solely to satisfy the terms of the contract. That alone satisfies the condition of consideration. I emailed them that I had a cashiers check ready, would they like me to mail it in, certified mail. I was advised that the credit card number was enough.
Just purchased a 2014 VW Passat TDI SE w/ sunroof. Sticker was $29,765 and I ended up paying $25,788 plus tax, $399 conveyance fee and title. This includes all rebates. Not a fantastic deal but not too bad.
Truecar.com investigations resulted in one for $25,400 in an adjacent state and one for $25,900 in CT but from a dealer I didn't like. I used this as a negotiation tool to get it from a highly rated dealer one town over.
I just picked up my 2014 Passat TDI SE w/Sun & Nav 28,250 out the door. I think the actual price of the car was $26,251
It's sitting at the window tinting place now...
September 18th picked up a year end close out on 2014 TDI SE Sunroof, reflex silver from City VW in San Diego. Used true car 4,600 off MSRP, $25,150, hard for me to pass up so I didn't. First road trip San Diego to LA round trip @70mph 48mpg, loving it so far. mission fed cu, 1.49% 66 months. Have to give to City VW since it was a year end took them 3 days to find what I wanted from another dealer 250 miles away. 3 other dealers gave up on trying to find.
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