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Old 12-06-2017, 06:25 PM   #1
Steeveau
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Default Deceased Before Delivery - Need Advice

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.
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Old 12-06-2017, 08:45 PM   #2
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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.

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Old 12-06-2017, 08:46 PM   #3
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Default As the first of many to reply.....

....you will lose more than 5K attempting to resell as Vette prices and discounts are pushing values down some. Unless you want the car for emotional/personal reasons I might take the 5K loss, but I am a school teacher who has owned six Vettes total so I am not trying to be the final word (what is the language dealing with returning deposits)good luck in either case and sorry for the difficult circumstances...

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Old 12-06-2017, 08:48 PM   #4
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I agree. It's a contractual issue and depends how the deposit contract was written. An attorney is your best bet.
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Old 12-06-2017, 08:53 PM   #5
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Kinda crappy of the dealer not to offer it all back, considering the circumstances, but they (dealer) are on the hook for the car at this point. The dealer can't cancel the order after a certain stage in the order process.

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Old 12-06-2017, 08:55 PM   #6
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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.
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Old 12-06-2017, 08:59 PM   #7
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There is literally no question that the entire $20,000 get refunded to the estate. Just think how it would look on the local news that the dealer profits off of a mans death. A meeting with the owner of the dealer is in order.
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Old 12-06-2017, 09:01 PM   #8
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Sorry for your families loss. Good luck with the refund.
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Old 12-06-2017, 09:03 PM   #9
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Estate attorney now. No delay.
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Old 12-06-2017, 09:05 PM   #10
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Quote:
Originally Posted by Steeveau View Post

I'd appreciate any advice that can be given.
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.

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Old 12-06-2017, 09:11 PM   #11
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Quote:
Originally Posted by jschindler View Post
There is literally no question that the entire $20,000 get refunded to the estate. Just think how it would look on the local news that the dealer profits off of a mans death. A meeting with the owner of the dealer is in order.
The responsible thing to do is consult the attorney, but bad publicity can be a powerful ally. Its probably also cheaper than having a lawyer write a letter.

This is probably bad advice.
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Old 12-06-2017, 09:28 PM   #12
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Sorry to hear OP. Although I agree the contract needs to be reviewed before any useful advice can be given, I can say that in the financial world, a contract is null and void when dealing with a reputable institution if an individual passes away prior to the final delivery. A certified death cert is all thats needed. However, non-natural entities such as trusts, corps or partnerships are treated differently. So if he was purchasing the car on behalf of his business or some other entity, that could be a different story. Good luck and sorry for your loss
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Old 12-06-2017, 09:30 PM   #13
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The dealer discount is about 10% on an 18, pretty much current employee discount. MacMulkin has a 18 GS with MSRP of about 74K and is discounted 17K with a bonus tag.

http://macmulkincorvette.com/2017/12...es-december-1/

As mentioned, we have no idea what the contract says. The dealer will take delivery of this car and will likely end up selling it for less than your step-father was going to pay. The 18's are going to have big discounts like the 17's have now, once the 19's start showing up on lots in February and March. The ordered GS sounds like a normal color combo so I don't think they can argue that they will have a difficult time selling it. If the contract agreement didn't give him an out, I don't think that the 5K is unreasonable. I know if I were shopping around for a 18 GS I would be expecting a lot more off than the $8600 your step-father was getting. You might be fortunate to walk away only giving up 5K. You are definitely going to lose even more if you take delivery of the vehicle and try to sell it on your own, especially after paying the sales tax.
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Old 12-06-2017, 10:35 PM   #14
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What state are you in? Some states require a full refund on a deposit.
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Old 12-06-2017, 11:10 PM   #15
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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.

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Old 12-06-2017, 11:18 PM   #16
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Old 12-06-2017, 11:34 PM   #17
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$5K is nothing compared to what they will lose if this goes public....TV / FB etc....if you just walk in there and say look, I don't wanna be "that guy" but its not like my step-father ordered the car knowing he was going to die. Pretty sure he planned on driving and enjoying the car. I have no need for the car nor the desire to attempt to sell it as I have no knowledge about it. So please refund my money or I will be "that guy".

if the say no....make some calls....do what ya gotta do.
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Old 12-06-2017, 11:48 PM   #18
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Quote:
Originally Posted by jschindler View Post
There is literally no question that the entire $20,000 get refunded to the estate. Just think how it would look on the local news that the dealer profits off of a mans death. A meeting with the owner of the dealer is in order.
Where did you come up with that?

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Old 12-06-2017, 11:49 PM   #19
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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.

Last edited by Maxie2U; 12-07-2017 at 12:17 AM.
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Old 12-06-2017, 11:56 PM   #20
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Quote:
Originally Posted by Maxie2U View Post
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 bring this to closure. Bringing this to an attorney is not only going to be expensive it's time consuming. Don't even bother contacting your State Attorney General!

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 it 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 ($20,000 deposit - $15,000 dealer refund offer).

So given the circumstances I would say getting $15,000 back is much better than nothing or losing a lot more money trying to sell it yourself.
And case closed. Exactly
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