Boardwalk Porsche, Plano Texas Breach of Contract on purchase of used vehicle. Negotiate price, received purchase order, provide deposit, they sold to someone else for highter price inspite of our contract Plano Texas

The one thing I find interesting is the OP keeps repeating "a reasonable amount of time". He NEVER states what a reasonable amount of time is. What may be reasonable to HIM may not be reasonable to others. It doesn't matter if the guy puts down a deposit or not. I wouldn't want to be sitting on an expensive vehicle that MAY or MAY NOT belong to the company.

There are a number of liability issues involved; storage issues, damage issues. If something should happen to the vehicle while it is in the dealer's posession, who's on the hook? Does it belong to the dealer OR is it the customer's? IF it should be damaged? Will the customer want it/Buy it? Or will he say screw it, keep the deposit? Then will the dealer have to go to court and MAKE the customer buy the vehicle, paying legal fees? In normal circumstances, there are storage fees of $15 to $20 PER DAY to keep vehicle. They probably DO have a policy of 4 days, the guy who left probably "bent" the rules trying.

The one thing I find interesting is the OP keeps repeating "a reasonable amount of time". He NEVER states what a reasonable amount of time is. What may be reasonable to HIM may not be reasonable to others. It doesn't matter if the guy puts down a deposit or not. I wouldn't want to be sitting on an expensive vehicle that MAY or MAY NOT belong to the company.

There are a number of liability issues involved; storage issues, damage issues. If something should happen to the vehicle while it is in the dealer's posession, who's on the hook? Does it belong to the dealer OR is it the customer's? IF it should be damaged? Will the customer want it/Buy it? Or will he say screw it, keep the deposit? Then will the dealer have to go to court and MAKE the customer buy the vehicle, paying legal fees? In normal circumstances, there are storage fees of $15 to $20 PER DAY to keep vehicle. They probably DO have a policy of 4 days, the guy who left probably "bent" the rules trying.

The one thing I find interesting is the OP keeps repeating "a reasonable amount of time". He NEVER states what a reasonable amount of time is. What may be reasonable to HIM may not be reasonable to others. It doesn't matter if the guy puts down a deposit or not. I wouldn't want to be sitting on an expensive vehicle that MAY or MAY NOT belong to the company.

There are a number of liability issues involved; storage issues, damage issues. If something should happen to the vehicle while it is in the dealer's posession, who's on the hook? Does it belong to the dealer OR is it the customer's? IF it should be damaged? Will the customer want it/Buy it? Or will he say screw it, keep the deposit? Then will the dealer have to go to court and MAKE the customer buy the vehicle, paying legal fees? In normal circumstances, there are storage fees of $15 to $20 PER DAY to keep vehicle. They probably DO have a policy of 4 days, the guy who left probably "bent" the rules trying.

The one thing I find interesting is the OP keeps repeating "a reasonable amount of time". He NEVER states what a reasonable amount of time is. What may be reasonable to HIM may not be reasonable to others. It doesn't matter if the guy puts down a deposit or not. I wouldn't want to be sitting on an expensive vehicle that MAY or MAY NOT belong to the company.

There are a number of liability issues involved; storage issues, damage issues. If something should happen to the vehicle while it is in the dealer's posession, who's on the hook? Does it belong to the dealer OR is it the customer's? IF it should be damaged? Will the customer want it/Buy it? Or will he say screw it, keep the deposit? Then will the dealer have to go to court and MAKE the customer buy the vehicle, paying legal fees? In normal circumstances, there are storage fees of $15 to $20 PER DAY to keep vehicle. They probably DO have a policy of 4 days, the guy who left probably "bent" the rules trying.

I feel essential to add the following... I appreciate that Boardwalk has offered to remedy the breach and find an equivalent substituted vehicle. I reflect that we all have made errors, but the true character of a person is how he goes forward and resolves the error.

I believe I must correct an error in Trent's statement, I was never provided a "sales contract to sign and return" I was provided a sales invoice and a letter that I signed and returned that stated that the deposit was not non refundable if I elected to not complete the sale. (To bad I did not ask the same from Boardwalk, I would have $1000 in my pocket.) I state the above with the integrity of my career as a Officer in the United States Army!

Perhaps if Trent will check with his sales personnel he will vertify that I returned all documents that were send to me and again-I clearly stated to all Boardwalk salemen that I would complete the sale and pick up the vehicle with a very reasonalbe no later date. Trent should correct his statement and acknowlogy that he "misspoke".

Let me make all aware I am not a grumpy guy that is hard to work with. In the last 3 years I have purchased BMWs from Passport BMW and Hendrick Motors, both out of state and picked up the vehicles in a reasonable time frame with absolutely no problems!!! I recommend these dealers to all.

I will let all know how this issue ends and and will provide a "reasonable time" for Boadwalk to make a full and honest effort to remedy this issue. I will ensure that if their stated effort to remedy this is sincere and successful, I shall make ALL fully aware and provide them full credit for their effort to make admends and restore the trust of me and all consumers

Best regards to all,
Bob

I am glad the Trent keeps up with what consumer are reading...I know that I follow many sites including the BBB when spending my hard earned money.

But I believe clarification is in order. Let me recap clearly:

1. We had a legal and recognize contract for sale by Texas Statue
2. No conditions were applied at the time of contract as to closure date or conditions. (Onlly later did they want to modifiy and add a time to complete the contract.)
3. No indication was given by me-the buyer that the sale would not be completed.
4. Specifically, a no-later-date was provide for pick up of vehicle
5 Boardwalk kept the vehicle activity for sale at numerous sites including their own web site after they took my deposit
6. Managers made an unethical decision and breached this contract

I was finally able to discuss this breach of contract with the sales manager of Boardwalk Porsche on 25 March (I had placed three call to the salesmanger.) He initiated the proposed a remedy to this breach by stating he would find a like vehicle that would be an acceptable substitute for the terms of the sale. (This was the recommendation of my attorney and reason for my call to Trent.) I believe at this point, it is the best solution to an equitable, honest, and ethical approach to resolve the breach if this remedy happens in good faith.

Moreover, it will offset me from taking action to recover damages that although monetarily would be helpful in replacing the lost vehicle it is would be insignificant to this deale. But I do believe the derogatory sigma to this dealer and Porsches reputation would be much greater.

""We never take a car offline (internet, ebay, autotrader) until it is paid for in full with signed sales contracts.""

Then what's the point of a non-refundable deposit (other than a show of good faith?)

Normally, a business would unlist the item. If the deal falls through the non-refundable deposit is used to re-advertise the item. Don't tell me you have about $1000 worth of administrative costs when a deal doesn't go through.

I own 2 small businesses and I'll admit there are costs associated with a deal that doesn't go through to fruition, but not $1000.

Perhaps I should change my business model?

In the end, it comes down to "he said, she said." The op states 4 days, the rebuttal states 10. Perhaps you should have an interim written agreement that clearly states to the potential buyer that the item will continue to be advertised until the purchase contract is signed and the item is paid for, as well as clearly defining the time frame for the contract to be fulfilled before the deposit is considered forfeit.

Such an written interim agreement would certainly prevent any "miscommunication" as regards the deposit and whether it will be returned.

I am the VP and GM of Boardwalk Porsche. We are very sorry that we upset our valued customer and will continue to look for another BMW M3 for Bob per his request. We are very happy that he is going to continue to do business with us.

However, we gave Bob over 10 days to pay for the BMW M3 and called numerous times telling him that the car needed to be paid for. The partial payment that Bob paid was refunded immediately due to non-payment and never returning a signed sales contract. We never take a car offline (internet, ebay, autotrader) until it is paid for in full with signed sales contracts.

Thank you,

Trent Conrad
www.bestcarsonthenet.com