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Deceased Before Delivery - Need Advice

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Old 12-08-2017, 08:53 AM
  #81  
flenn
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I'm not a lawyer but this seems like a pretty simple question of damages. Did the dealership incur damages/costs due to this unfortunate event? They brought a car into their inventory that they otherwise would not have ordered but the question of damages won't be answered until they sell it. At that point it can be determined if they've covered the floor plan expense, delivery charge, administrative costs, etc. If they sell the car for less than the original amount, they've incurred a "cost" (even though we assume that they were making a profit at the original amount). And if so, the estate should make them whole.

What puts the OP at a disadvantage is that the dealership ultimately controls the selling price of the car to the next buyer so they'll determine whether they make a profit or accept a loss. But keep in mind, there are a lot of Chevy dealers that just don't sell Corvettes and having a loaded GS on their lot ties up a lot of their credit line and could be very difficult to sell or trade to other dealers.
Old 12-08-2017, 10:31 AM
  #82  
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Originally Posted by Cjunkie
You get all 20k back not a Penney less. A delivery has not been taken.
Ive never used this card in my life but if they don’t contact your attorney AND your states Attorney General.
Any reputable dealer should stand up and refund deposit based on the circumstance. It is a sellable vehicle and he is not going to loose 5 k on it. Do not pick the vehicle up and get something in writing to him A.S.A.P. before the car arrives. He is a car dealer this is the business he chose to be in.
Old 12-08-2017, 10:37 AM
  #83  
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Still arguing after the OP (who isn't a Corvette owner and may never come here again) has said he's agreed to a compromise.

Edit: Yeah, the advice to call the factory directly is beyond absurd - but really funny.

.

Last edited by Steve_R; 12-08-2017 at 10:38 AM.
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Old 12-08-2017, 10:43 AM
  #84  
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if it'sa deposit contest it with the bank- don't pay the baance on the credit card due, ifthe card is jpint withhis wife, let her run up the balance due to the bank

the bank will d sue the dealerif the need arises

Last edited by UNKNOWN; 12-08-2017 at 10:44 AM.
Old 12-08-2017, 10:47 AM
  #85  
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Originally Posted by BLZNSDL
if it'sa deposit contest it with the bank- don't pay the baance on the credit card due, ifthe card is jpint withhis wife, let her run up the balance due to the bank

the bank will d sue the dealerif the need arises
Really!!!
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Old 12-08-2017, 11:09 AM
  #86  
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While I think 18K is "good enough", I'm embarrassed and ashamed (ok, not really) to be driving the same brand of car as a dealer who would balk at selling off a special order when the customer DIES.

Same for a dealer that coaxes a $20K deposit out of an older fellow for a "not very special" order. I mean I doubt this car was purple with a yellow interior or something!

Last edited by davepl; 12-08-2017 at 11:10 AM.
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Old 12-08-2017, 11:16 AM
  #87  
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Originally Posted by fourmat
Any reputable dealer should stand up and refund deposit based on the circumstance. It is a sellable vehicle and he is not going to loose 5 k on it. Do not pick the vehicle up and get something in writing to him A.S.A.P. before the car arrives. He is a car dealer this is the business he chose to be in.
It's not a sellable vehicle yet. It's scheduled for production next week. If the dealer didn't want the vehicle, they should be able to cancel the order today, and the vehicle won't be built.
Originally Posted by Steve_R
Still arguing after the OP (who isn't a Corvette owner and may never come here again) has said he's agreed to a compromise.

Edit: Yeah, the advice to call the factory directly is beyond absurd - but really funny.

.
Personally, I've had several good outcomes from "call the factory" unconventional approaches. One as an end user/customer, and a couple more as a dealership parts manager (getting "unavailable" parts for current model year vehicles).

Also, most people will try to help a grieving survivor trying to resolve an estate situation for a deceased loved one. The key is getting to the person who can actually do something. The folks at this dealership aren't "most people," so trying another angle could work better.

Last edited by C6_Racer_X; 12-08-2017 at 11:22 AM.
Old 12-08-2017, 11:29 AM
  #88  
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Originally Posted by C6_Racer_X
It's not a sellable vehicle yet. It's scheduled for production next week. If the dealer didn't want the vehicle, they should be able to cancel the order today, and the vehicle won't be built.

Personally, I've had several good outcomes from "call the factory" unconventional approaches. One as an end user/customer, and a couple more as a dealership parts manager (getting "unavailable" parts for current model year vehicles).

Also, most people will try to help a grieving survivor trying to resolve an estate situation for a deceased loved one. The key is getting to the person who can actually do something. The folks at this dealership aren't "most people," so trying another angle could work better.
No offense but you don't have a clue how the system works or what you are talking about. And I do. Cancelling the order with the factory at this point is not an option no matter who died. You don't seem to understand that the order is the dealer's, not the customer's. The dealer is committed to the order at this point and whether the customer is committed to the dealership is the dealers decision with that deposit.

If you look, I said early on the dealer should return the whole deposit. That though does not change policy and procedures in a multi-billion dollar industry.
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Old 12-08-2017, 01:03 PM
  #89  
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I realize the matter is settled but I still want to get in on this.

The dealer keeping even a penny of the deposit is rotten. I really wish the OP had shared the name of the place. That dealer deserves to have his name associated with this story.
Old 12-08-2017, 01:08 PM
  #90  
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Considering the circumstances, this may be a prudent decision. Sorry for your loss.

I still think the dealer should have taken the high road and refunded the entire deposit. Give me a break. If $2k is that important it is pathetic.

Last edited by rmorin1249; 12-08-2017 at 01:11 PM.
Old 12-08-2017, 01:24 PM
  #91  
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Default 2k seems reasonable

There are 2 things here that people fail to realize:

1. Getting a lawyer isn’t free unless you are one or have a family member. Other than the free consult that option doesn’t seem worthwhile for 5k.

2. To all those of you picturing dealers all living well, has anyone noticed some of the small dealers going under? It might not be unreasonable for them to keep the 2k considering they are now stuck with a car they may struggle to sell. How many people are going to pay for a brand new gs of this generation with the mid engine looming?
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Old 12-08-2017, 01:34 PM
  #92  
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Default Jeeze...

To the OP...first, condolences to you and your family. Second, I hope you're no longer reading these ridiculous posts. Please know that you made the right decision and considering all the details, I think the dealer was fair.
I cannot believe the crass and outright stupid comments directed at the OP in the time of grief "I guess its easy to throw away money when its not yours"and the lack of knowledge some have about the way a business works. But then again this is "Corvette Forum".
How many actually read thru the details (the step father was the one who wanted to leave the $20K deposit. It's a small dealer selling 3-4 Vettes a year. The order cannot be removed from the assembly process once it goes past a certain point, etc)..
Flame away.....
The next item on this post should be It's done, decision made.

Last edited by Crossed Flags Fan; 12-09-2017 at 02:00 AM.
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Old 12-08-2017, 02:21 PM
  #93  
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condolences to all the family

Lock er down
Old 12-08-2017, 03:08 PM
  #94  
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Don't all dealers pay the same price to GM for Corvettes? If they do, why can't this dealer discount the car to match the big dealers who are still selling cars and making money even with big discounts?
Old 12-08-2017, 03:39 PM
  #95  
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Originally Posted by Steeveau
I exchanged a couple of calls with the general sales manager today. I asked him to reconsider his offer of $15k and to do the right thing and refund the full $20k. He came back upping the offer from $15k to $18k. He claims they will have a holding cost due to a 4.5% interest rate. They don't anticipate selling the car until late spring/early summer. They claim the $20k deposit was my step-father's idea. There is no contract from what I understand only a receipt. At this point I think we'll take the $18k and move on. I still have a 2015 Ford F-150 Platinum and a house to sell. We now just need to figure out who they write the check to and what paperwork is required.

I really do appreciate the replies here. You all probably saved me $3k. Thank you for your advice and condolences.
If you have contacted an estate attorney, they should have advised you to apply for an EIN (federal tax ID) for the Estate. Bank accounts should then be opened using that EID and titled "Estate of xxxx". The check should be made out to the Estate of xxxx and deposited into the newly opened bank account.
Old 12-08-2017, 03:46 PM
  #96  
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1). There is nothing wrong with continuing this deabate. The OP has made his decision and in my opinion he made the right decision. But that is no reason to close the thread and no reason for us not to still call out the dealer. Nobody has to keep looking at this thread if they don't like some of us still sharing our opinion.

2). Dealers "trade" away cars all the time. I deal with a BMW dealer who I know well that wound up with two B6 Alpina's, both $135,000 cars. They were only supposed to get one of them, and it was a sold order. One of the cars got traded away almost immediately and the other the dealer still has. It happens. They did not go after the buyer who cancelled. I know the story well because it's a friend of mine who ordered the car and he had legitimate reasons for backing out. And they are not a large BMW dealer either. This Corvette could easily get picked up by another dealer.

3. There is no three. I just thought two more points wasn't enough.

Last edited by jschindler; 12-08-2017 at 03:48 PM.
Old 12-08-2017, 04:42 PM
  #97  
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Originally Posted by Zymurgy
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.
What He said

Although if you take delivery I feel like you will lose more than 5K trying to resell.

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Old 12-08-2017, 06:15 PM
  #98  
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Originally Posted by Crossed Flags Fan
To the OP...first, condolences to you and your family. Second, I hope you're no longer reading these ridiculous posts. Please know that you made the right decision and considering all the details, I think the dealer was fair.
I cannot believe the crass and outright stupid comments directed at the OP in the time of grief "I guess its easy to throw away money when its not yours"and the lack of knowledge some have about the way a business works. But then again this is "Corvette Forum".
How many actually read thru the details (the father in law was the one who wanted to leave the $20K deposit. It's a small dealer selling 3-4 Vettes a year. The order cannot be removed from the assembly process once it goes past a certain point, etc)..
Flame away.....
The next item on this post should be It's done, decision made.
Lol lack of knowledge some have about the way a business works...........well ive have 18 years in the CAR BUSINESS from salesman to General Manager. I promise ive forgotten more about the car business than you will ever know.
Old 12-09-2017, 01:48 AM
  #99  
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Originally Posted by Cjunkie
Lol lack of knowledge some have about the way a business works...........well ive have 18 years in the CAR BUSINESS from salesman to General Manager. I promise ive forgotten more about the car business than you will ever know.
Hey junkie, It's interesting and quite presumptuous of you, without knowing my background, work experience, education, family business to state something (and make a promise) so stupid. And a whole 18 years?!?! wow
Old 12-09-2017, 03:09 AM
  #100  
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Originally Posted by BLZNSDL
if it'sa deposit contest it with the bank- don't pay the baance on the credit card due, ifthe card is jpint withhis wife, let her run up the balance due to the bank

the bank will d sue the dealerif the need arises
Uhhhh.......huh?


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