Deceased Before Delivery - Need Advice
12-07-2017, 08:22 AM
#41
Le Mans Master
I have had to settle my parent's estate and every credit card company, bank, and other organization has waived any penalty if the transaction was cancelled because of death...
12-07-2017, 08:32 AM
#42
Sorry for your families loss, but since you are asking on a car forum, I'd say take delivery of the car, and it could be your compensation for taking care of the estate.
It's a GREAT CAR...
It's a GREAT CAR...
Last edited by rrsperry; 12-07-2017 at 08:32 AM.
12-07-2017, 10:13 AM
#43
DEALERS DON'T LOSE
12-07-2017, 10:18 AM
#44
Sorry for you loss.
It goes without saying the dealer took advantage of your step-father by asking/getting a $20,000 deposit. $2,000 is a normal deposit for a special order Corvette.
Given the fact you don't have much time I understand the urgency to bringing this to closure. Bringing this to an attorney is not only going to be expensive it's time consuming. Although going to an estate attorney as suggested previously may be a good course of action not only for the car but for the rest of his estate. Oh, don't even bother contacting your State Attorney General that will be a complete waste of time.
First thing to do is look at the contact your step-father signed if it explicitly states anywhere the deposit is non refundable than the dealer has the upper hand in the negotiation. And if it is a non-refundable deposit the dealer does not have to give you a dime back so being "that guy" will likely cost you $20,000.
That said, you need to understand if you don't accept the dealers offer you then lose the entire $20,000 so getting $15,000 back sounds pretty good against that backdrop.
And you need to understand this next fact, don't even think about taking delivery on this car in order to sell it yourself. The moment anyone (other than the dealer) takes delivery the car will depreciate more than the $5,000 difference the dealer is offering you between the $20,000 deposit and the $15,000 dealer refund offer.
So given the circumstances I would say getting $15,000 back is much better than nothing or losing even more money trying to sell it yourself.
It goes without saying the dealer took advantage of your step-father by asking/getting a $20,000 deposit. $2,000 is a normal deposit for a special order Corvette.
Given the fact you don't have much time I understand the urgency to bringing this to closure. Bringing this to an attorney is not only going to be expensive it's time consuming. Although going to an estate attorney as suggested previously may be a good course of action not only for the car but for the rest of his estate. Oh, don't even bother contacting your State Attorney General that will be a complete waste of time.
First thing to do is look at the contact your step-father signed if it explicitly states anywhere the deposit is non refundable than the dealer has the upper hand in the negotiation. And if it is a non-refundable deposit the dealer does not have to give you a dime back so being "that guy" will likely cost you $20,000.
That said, you need to understand if you don't accept the dealers offer you then lose the entire $20,000 so getting $15,000 back sounds pretty good against that backdrop.
And you need to understand this next fact, don't even think about taking delivery on this car in order to sell it yourself. The moment anyone (other than the dealer) takes delivery the car will depreciate more than the $5,000 difference the dealer is offering you between the $20,000 deposit and the $15,000 dealer refund offer.
So given the circumstances I would say getting $15,000 back is much better than nothing or losing even more money trying to sell it yourself.
12-07-2017, 10:26 AM
#45
At the very least cancel the order ASAP. the sales tax alone is more than the 5k. Plus resale loss will be much more than the 5k. After cancelling the order, speak to the GM then owner about a full refund. If that doesn't work, speak to a lawyer.
I wouldn't sign anything saying the dealer gets to keep 5k either or protects them to keep the 5k.
I wouldn't sign anything saying the dealer gets to keep 5k either or protects them to keep the 5k.
Last edited by corvette72778; 12-07-2017 at 10:44 AM.
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Maxie2U (12-07-2017)
12-07-2017, 10:32 AM
#46
Le Mans Master
Member Since: Jan 2006
Location: Down south in Dixie
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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 dealer may well be due something, but don't ask me.
Best wishes.
And my sympathies on your loss.
12-07-2017, 10:49 AM
#47
Team Owner
Most TV stations, at least here in Houston, all have a consumer advocate person who do just this sort of thing for a living. If the dealer is going to be a dick I'm willing on being a dick back.
Now, if the car is some sort of one eyed frog that they may never be able to sell I'd get that. That is why I'd sit down first and have a very polite conversation with the owner. The odds are he is going to give the full amount back in after about 30 seconds. Maybe he will have a good reason not to. But then again, maybe he'll just be a dick.
As a commissioned salesman I knew well once told me, "it's not the principle, it's the money". If the $5,000 is so important to the dealer then the OP has every right for it to be just as important to him too.
Last edited by jschindler; 12-07-2017 at 10:50 AM.
12-07-2017, 10:56 AM
#48
Melting Slicks
Member Since: Jul 2014
Location: Bonita Springs Florida
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Sorry for your loss.
And that's what the dealership should say to you and refund the full $20K.
Seriously, what the hell is wrong with them?
This is a "Local Channel 7 news item". Shame the bastards, but before you proceed, let them know that's what you are planning to do. Local news stations just love these types of personal interest stories (and the follow-ups).
And that's what the dealership should say to you and refund the full $20K.
Seriously, what the hell is wrong with them?
This is a "Local Channel 7 news item". Shame the bastards, but before you proceed, let them know that's what you are planning to do. Local news stations just love these types of personal interest stories (and the follow-ups).
Last edited by 1SG_Ret; 12-07-2017 at 10:59 AM.
12-07-2017, 11:35 AM
#49
Melting Slicks
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At the very least cancel the order ASAP. the sales tax alone is more than the 5k. Plus resale loss will be much more than the 5k. After cancelling the order, speak to the GM then owner about a full refund. If that doesn't work, speak to a lawyer.
I wouldn't sign anything saying the dealer gets to keep 5k either or protects them to keep the 5k.
I wouldn't sign anything saying the dealer gets to keep 5k either or protects them to keep the 5k.
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Maxie2U (12-07-2017)
12-07-2017, 11:56 AM
#50
Burning Brakes
Sorry for your family loss....But, While dealer may be on the hook now with an unsold car he owes you a full refund.
This isn't a case of buyer's remorse or getting a better deal elsewhere - both reasonable issues for a dealer to play hardball.
Social media, BBB complaints , etc. will get their attention.
Posting their name here will get their attention - but good idea not to do that except as last resort.
Need to get to GM or owner of the store and talk calmly but forcefully.
You are 50 years old - you've dealt with things like this over your adult life. Good luck.
This isn't a case of buyer's remorse or getting a better deal elsewhere - both reasonable issues for a dealer to play hardball.
Social media, BBB complaints , etc. will get their attention.
Posting their name here will get their attention - but good idea not to do that except as last resort.
Need to get to GM or owner of the store and talk calmly but forcefully.
You are 50 years old - you've dealt with things like this over your adult life. Good luck.
12-07-2017, 12:11 PM
#52
Burning Brakes
Good point. I bought my '16 from a local dealer with a $1K deposit and my '17 GS from Hendrick in Charleston with NO deposit.
Both factory orders.
They are a negotiable item.
Perhaps the gent in question was a bit naïve and taken advantage of. He seems to have been in mid to late 70s.
It happens...it happened to my dad. He was a GM corp retiree, knew the dealer, bought a leftover and paid near full sticker...didn't even remember to use his employee discount.
Hate to see these things happen to good people
Both factory orders.
They are a negotiable item.
Perhaps the gent in question was a bit naïve and taken advantage of. He seems to have been in mid to late 70s.
It happens...it happened to my dad. He was a GM corp retiree, knew the dealer, bought a leftover and paid near full sticker...didn't even remember to use his employee discount.
Hate to see these things happen to good people
12-07-2017, 12:39 PM
#53
Even if it's a free/ paid in full car, still most people wouldn't be able to afford the sales tax. Good thing in NH there are no sales taxes.
I don't think someone wants to pay the amount to half (or full in some states) their mortgage in payments.
OP Good luck and I hope you get everything settled out.
12-07-2017, 12:43 PM
#54
Sorry for your loss.
I'd give it one more try with the dealer and take what you can get and move on. Maybe tell them you'll buy your next car from them or something.
Almost sounds like the dealership did not want to order the car, hence the big deposit.
I'm almost 60 and one thing that frightens me is making bad decisions in my old age. My mother was a family lawyer and could tell stories all day about the elderly and their crazy financial decisions. I think it's fortunate he had not taken delivery of the car or the $$ hit would be much worse.
I'd give it one more try with the dealer and take what you can get and move on. Maybe tell them you'll buy your next car from them or something.
Almost sounds like the dealership did not want to order the car, hence the big deposit.
I'm almost 60 and one thing that frightens me is making bad decisions in my old age. My mother was a family lawyer and could tell stories all day about the elderly and their crazy financial decisions. I think it's fortunate he had not taken delivery of the car or the $$ hit would be much worse.
12-07-2017, 12:56 PM
#55
Sorry for your family loss....But, While dealer may be on the hook now with an unsold car he owes you a full refund.
This isn't a case of buyer's remorse or getting a better deal elsewhere - both reasonable issues for a dealer to play hardball.
Social media, BBB complaints , etc. will get their attention.
Posting their name here will get their attention - but good idea not to do that except as last resort.
Need to get to GM or owner of the store and talk calmly but forcefully.
You are 50 years old - you've dealt with things like this over your adult life. Good luck.
This isn't a case of buyer's remorse or getting a better deal elsewhere - both reasonable issues for a dealer to play hardball.
Social media, BBB complaints , etc. will get their attention.
Posting their name here will get their attention - but good idea not to do that except as last resort.
Need to get to GM or owner of the store and talk calmly but forcefully.
You are 50 years old - you've dealt with things like this over your adult life. Good luck.
It seems like everyone has forgotten why a deposit is requested by the seller, it is to cover the sellers costs if the good faith transaction they made with the buyer does not happen because of a action by the buyer.
In this case the buyer is not doing so, so the dealer should have the rights to the full deposit..
12-07-2017, 01:22 PM
#56
Safety Car
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.
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.
Take your legal advice from your own attorney, not from some guy on the Internet.
Since this car hasn't even been built yet, one thing to run by your own attorney today (ASAP) would be sending a copy of whatever paperwork you have for the order, along with a copy of the death certificate to the plant manager and/or production manager of the plant in Bowling Green. Ask if there's any way to cancel this order and stop the process before the car is built.
Your case for getting the entire deposit back is stronger if the dealer involved never has to deal with an unwanted car on his lot. If you can keep the thing from getting built, that will help a lot.
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jschindler (12-07-2017)
12-07-2017, 01:40 PM
#57
Team Owner
I can not figure out why the dealer owes anything.
It seems like everyone has forgotten why a deposit is requested by the seller, it is to cover the sellers costs if the good faith transaction they made with the buyer does not happen because of a action by the buyer.
In this case the buyer is not doing so, so the dealer should have the rights to the full deposit..
It seems like everyone has forgotten why a deposit is requested by the seller, it is to cover the sellers costs if the good faith transaction they made with the buyer does not happen because of a action by the buyer.
In this case the buyer is not doing so, so the dealer should have the rights to the full deposit..
But back to the point, many times having the right to something does not make it right. Sometimes you just have to do what is right. It separates good businesses from bad businesses.
12-07-2017, 01:43 PM
#58
Melting Slicks
So sorry for your loss.Going thru the probate/estate process is no fun.I've done it 3 times in my fam.
WOW..$20k is some deposit.When I ordered mine,I didn't have to make a deposit.Shows that dealers are vastly diff.
Good luck to you and I hope all works out in your favor.
\db2
WOW..$20k is some deposit.When I ordered mine,I didn't have to make a deposit.Shows that dealers are vastly diff.
Good luck to you and I hope all works out in your favor.
\db2
12-07-2017, 02:22 PM
#59
Le Mans Master
I would meet with the owner of the dealership. This is not a case of changing one's mind! Also...a dealer that needs a $20,000 deposit to order the car say's a lot of what kind of dealership they are!
12-07-2017, 05:24 PM
#60
