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Deceased Before Delivery - Need Advice

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Old 12-06-2017, 10:57 PM
  #21  
jtranger
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I would first meet personally with the owner of the dealer and explain your case and how you already have enough on your plate with the loss.

Ask the owner if he would make an exception due to the unforeseen circumstances and handle it between you and him. Tell him his good will and understanding would be good publicity. Try diplomacy first.

If that fails, an attorney letter may be the next step. Good Luck.
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Old 12-06-2017, 11:06 PM
  #22  
Jackie Chan
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I don't know. An agreement was made and the dealer is offering 75% back. Obviously the deceased had every intention of buying the Car if he forked over 20k.
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Old 12-06-2017, 11:21 PM
  #23  
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Originally Posted by fsvoboda
As executor you're probably already in contact with a lawyer with expertise in estate law. Talk to that person, who will know the law in your state. You know that this situation has arisen before and likely is addressed in the law.

The dealer may well be due something, but don't ask me.

Best wishes.

The above attorney is your most powerful ally and I agree w. Zymurgy's post: "Any advice on here without being able to read the contract and without knowledge of contract law in the decedents state is really quite worthless."

That attorney you already have as executor will know not only what can be done in your state, but the contractual terms and the screws that can be applied, if permissible. Don't take my advice on this: ask him/her.

Come back and tell us how it all turns out, hopefully, very well.
Old 12-06-2017, 11:50 PM
  #24  
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Wow. Thank you all for the replies. The dealer is in southwest Pennsylvania. They salesman said they only sell about 3 or 4 corvettes a year. Good point that he should not have had to put down $20k. Yes I already have an attorney. I'll get him involved. When I shared the $15k offer with my brother he reminded me of a saying..."your first loss is your best loss". I don't have an emotional attachment.

He was already diagnosed with cancer at the time he ordered the car in September. Before placing the order he asked the doctor if he should be ordering it. The doctor told him to go for it. That might have been bad advice also.

Last edited by Steeveau; 12-07-2017 at 12:38 AM.
Old 12-07-2017, 12:03 AM
  #25  
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Sorry about your loss and hope you can work out an equitable agreement with the dealer.

I have to ask why “shaming them in the media” is even a consideration. That’s just a dick move IMO.
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Old 12-07-2017, 12:08 AM
  #26  
LT4CMG
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Make sure you get this handled first, without saying too much more on a public forum, then please come back and share the outcome. This is very interesting as it seems the dealer has no legitimate reason not to return the money in full. I say this only because once the car comes in, how would the dealer complete the transaction? They certainly can’t finance the rest of the money owed under a deceased person’s name. If not finance, how can they force the estate to complete the deal by paying out of the assets of the estate? Again, sorry for your loss. This should never have become an issue for you and your family at this time.
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Old 12-07-2017, 12:15 AM
  #27  
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All I can say with no other info is don't take delivery and consult an attorney.
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Old 12-07-2017, 12:24 AM
  #28  
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Originally Posted by Steve_R
Sorry about your loss and hope you can work out an equitable agreement with the dealer.

I have to ask why “shaming them in the media” is even a consideration. That’s just a dick move IMO.
I agree. Even the media will ask basic questions like....was there a contract involved?...did your step-father sign it?...was it a non-fundable deposit?

It's sad his father died but his father knew he had cancer before he ordered the car so why should the dealer be left holding the bag or be stuck with a special order $83,000 car?!
Old 12-07-2017, 12:29 AM
  #29  
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I'm sorry for your loss, and hope you can get this resolved.

I can't possibly comment on what you should do now, but as someone who bought a car that another (a retired Admiral) special-ordered and died before he was able to take delivery; I still enjoy that car. Yep, the blue one on the left. <---------

No matter what you do, the dealer will be able to sell that car with no issues, so don't let them tell you otherwise.

Last edited by owc6; 12-07-2017 at 12:35 AM.
Old 12-07-2017, 12:38 AM
  #30  
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Originally Posted by rmorin1249
I would ask for a meeting with the General Manager. If he/she refused to refund the entire deposit I'd be on the phone to a local TV station with a consumer advocate. Good luck and very sorry for your loss.
Sorry for your loss. I'm hoping the $20,000 deposit was his choice, not the Dealers. I only made a $1,000 deposit when I ordered my '18 ZO6. Either way, given the circumstances, a reasonable GM should refund the whole $20,000, sounds like a really nice Grand Sport, shouldn't be very hard to sell.
Old 12-07-2017, 12:39 AM
  #31  
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Originally Posted by Steve_R
Sorry about your loss and hope you can work out an equitable agreement with the dealer.

I have to ask why “shaming them in the media” is even a consideration. That’s just a dick move IMO.
I agree. Post edited.
Old 12-07-2017, 12:41 AM
  #32  
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This is the one.
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Old 12-07-2017, 01:34 AM
  #33  
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Originally Posted by Steeveau
This is the one.
What a great looking car your step father ordered. My condolences he didn’t get a chance to enjoy it. I hope all works out for the best for you and your family
Old 12-07-2017, 04:52 AM
  #34  
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Unfortunately, this scenario happens more often than you would think. You may want to consult one of the larger forum dealers and ask them how they have handled it in the past just for a point of reference as they have deft been through this numerous times.
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Old 12-07-2017, 07:07 AM
  #35  
JALLEN4
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As a lifelong dealer, I have seen this situation before. I have seen people actually die within hours of signing a contract... both before and after delivery. I am certainly not in possession of all the facts but it would in my opinion take a morally bankrupt individual as a dealer to do anything other than returning the entire deposit. I would talk directly with the owner and not the salesperson or manager. The owner should have a better "big picture" outlook.

On a practical note, it would depend on how significant the $5,000 loss is to the estate and whether to push the situation. It would appear that $5,000 in this case is of little relevance and as the executor you will be busy with several details of the estate.Your brother made a wise statement that "most often your first loss is your least loss". Has long been an axiom in the auto business.
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Old 12-07-2017, 07:16 AM
  #36  
Jackie Chan
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Originally Posted by JALLEN4
As a lifelong dealer, I have seen this situation before. I have seen people actually die within hours of signing a contract... both before and after delivery. I am certainly not in possession of all the facts but it would in my opinion take a morally bankrupt individual as a dealer to do anything other than returning the entire deposit. I would talk directly with the owner and not the salesperson or manager. The owner should have a better "big picture" outlook.

On a practical note, it would depend on how significant the $5,000 loss is to the estate and whether to push the situation. It would appear that $5,000 in this case is of little relevance and as the executor you will be busy with several details of the estate.Your brother made a wise statement that "most often your first loss is your least loss". Has long been an axiom in the auto business.
As a lifelong dealer you should maybe state the other side of the coin. That a specialty car like that to a small time dealer that sells a vette every 3 months could cost well over 5k in floor plan expense waiting for the right buyer to come along.
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Old 12-07-2017, 07:20 AM
  #37  
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Sorry for your family's loss.


Since I am not an attorney, I can't/won't pass along any advice other than to contact your attorney.


I hope all works out for the best.

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Old 12-07-2017, 07:42 AM
  #38  
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Originally Posted by Steeveau
My step-father passed before taking delivery of the Corvette he ordered. As executor of the estate I have to decide what to do with the car.

On 9/15/17 he ordered a 2018 Grand Sport 3LT Coupe with a sticker price of $81,330. The car is Watkins Glen Gray Metallic with Adrenalin Red leather seating and a 7 speed manual transmission to name a few of the options. He placed a $20,000 deposit on the car. There was a dealer discount of $8,697 and sales tax of $4,680. I was told the car would be built the week of December 11 and would be delivered in mid January.

The dealer has offered to refund $15,000 of the $20,000 deposit. I have to decide whether to take the refund or take delivery of the car and sell it on my own.

I'd appreciate any advice that can be given.
I would contact the consumer advocate person at the closest TV station. They love to report stories like this.
Old 12-07-2017, 07:56 AM
  #39  
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Originally Posted by Jackie Chan
As a lifelong dealer you should maybe state the other side of the coin. That a specialty car like that to a small time dealer that sells a vette every 3 months could cost well over 5k in floor plan expense waiting for the right buyer to come along.
To start, the dealer will receive floorpan assistance from the manufacturer as he does on every car he orders. This will cover the cost for somewhere around 100 days. Unless there is something "odd" about the car, it should give even a small dealer time to sell the unit or dealer trade it. I would dare say the dealer did not offer the buyer this money as a refund as he was to take immediate delivery.

While a dealer pays his employees to constantly look for ways to cut costs and improve profits, he most often is a citizen of his community. This brings with the opportunity to profit from his business a responsibility to treat those in his market with compassion and understanding if he is to have a long relationship in the community. Dealers in most instances are a huge positive influence in their individual markets and do a tremendous good for the community. Everything is not based on squeezing the last penny in profit.
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Old 12-07-2017, 08:08 AM
  #40  
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You may want to go on a nationwide tour and see how many dealers and their related salespersons will agree with the last two sentences----and follow through on them.

I agree with both sentences. I happen to know there are several dealers who do, but I've also seen the others, and they also exist. That may be the reason for $15K offered out of $20K put down as a deposit.

"Dealers in most instances are a huge positive influence in their individual markets and do a tremendous good for the community. Everything is not based on squeezing the last penny in profit."
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