[KR36]

So i placed the order with the dealership on 8/28/2024. The car still hasn't been started yet. However, I was doing some cross checking of options when i realized the MSRP has changed by $9xx.

So the question is when my car comes in do i pay the new price or the price I have on paper that they had me signed? Either way I am gonna move forward but just wanted to know if they honor the price or do they charge the new selling price.

Thanks !!!!!!!!!!!!!!!!

TP - Taking forever.../

[M2M3M3]

https://www.bimmerpost.com/forums/sh....php?t=2153240

[KR36]

based on that thread. i am getting the new price. :-(

[techwhiz1]

Originally Posted by KR36

So i placed the order with the dealership on 8/28/2024. The car still hasn't been started yet. However, I was doing some cross checking of options when i realized the MSRP has changed by $9xx.

So the question is when my car comes in do i pay the new price or the price I have on paper that they had me signed? Either way I am gonna move forward but just wanted to know if they honor the price or do they charge the new selling price.

Thanks !!!!!!!!!!!!!!!!

TP - Taking forever.../

Was your order "accepted" before or after the price change?

I had my VIR and deposit with the old price.

My car will be old price, no matter what the sticker says. Same happened with my i4.

[spurcap]

Did you just put down a deposit or sign a contract? I placed a nonrefundable deposit and got my dealer to sign a purchase sale agreement. The tried to increase price on me after, telling me there was nothing they could do about it and it was on BMW and not them. I told them to pound sand.

I pushed to come to a written agreement and provide a firm commitment when placing order rather than a nominal amount to hold my spot. It was a strategy to protect against tarrifs.

[aerobod]

Originally Posted by spurcap

Did you just put down a deposit or sign a contract? I placed a nonrefundable deposit and got my dealer to sign a purchase sale agreement. The tried to increase price on me after, telling me there was nothing they could do about it and it was on BMW and not them. I told them to pound sand.

I pushed to come to a written agreement and provide a firm commitment when placing order rather than a nominal amount to hold my spot. It was a strategy to protect against tarrifs.

It is unlikely you will be able to protect against tariffs, if they are imposed. BMW USA will probably just suspend import of cars that tariffs are imposed against, as opposed to losing significant money on a car. For any cars in transit, shipment back to the factory for reconfiguration for other markets would be more likely, I think.

[spurcap]

[QUOTE=aerobod;31793881]It is unlikely you will be able to protect against tariffs, if they are imposed. BMW USA will probably just suspend import of cars that tariffs are imposed against, as opposed to losing significant money on a car. For any cars in transit, shipment back to the factory for reconfiguration for other markets would be more likely, I think.

it may help if they continue to sell M2s as is albeit at a higher price.

[techwhiz1]

Originally Posted by aerobod

It is unlikely you will be able to protect against tariffs, if they are imposed. BMW USA will probably just suspend import of cars that tariffs are imposed against, as opposed to losing significant money on a car. For any cars in transit, shipment back to the factory for reconfiguration for other markets would be more likely, I think.

Tarrifs are a whole.diggwtwnt ball game.

They will refund the deposit tell you to order something else if you don't want the increase.

[spurcap]

Originally Posted by techwhiz1

Tarrifs are a whole.diggwtwnt ball game.

They will refund the deposit tell you to order something else if you don't want the increase.

I guess that depends on the terms and enforcability of a purchase sale agreement. If I wrote it, I would feel good about its ability to hold up. Of course they wrote it so there maybe an out - although I read it top to bottom and did not see any force majeure class for an out.

If you enter into a binding agreement to sell a specific asset for a fixed amount of money, the starting point is not - my cost went up so I don't want to anymore. But such an agreement would need to be executed and in writing at a minimum.

[aerobod]

Originally Posted by spurcap

I guess that depends on the terms and enforcability of a purchase sale agreement. If I wrote it, I would feel good about its ability to hold up. Of course they wrote it so there maybe an out - although I read it top to bottom and did not see any force majeure class for an out.

If you enter into a binding agreement to sell a specific asset for a fixed amount of money, the starting point is not - my cost went up so I don't want to anymore. But such an agreement would need to be executed and in writing at a minimum.

BMW USA could just not pay the tariff and the car wouldn’t enter the country and would become unavailable as a product, no force majeure needed, they would just return the deposit. If the contract was iron clad enough to force delivery, then it would likely have to circumvent consumer law and force the buyer to take delivery in all circumstances, to make it equal from an enforcement perspective.

[Sasquatchismydaddy]

Originally Posted by KR36

So i placed the order with the dealership on 8/28/2024. The car still hasn't been started yet. However, I was doing some cross checking of options when i realized the MSRP has changed by $9xx.

So the question is when my car comes in do i pay the new price or the price I have on paper that they had me signed? Either way I am gonna move forward but just wanted to know if they honor the price or do they charge the new selling price.

Thanks !!!!!!!!!!!!!!!!

TP - Taking forever.../

I’m in the same boat. Preordered my TP M2 in August and they told me that I would need to pay the new price when it arrived. I told them I wasn’t moving forward unless they honored the signed off price. Would have sucked if they stood their ground, but I didn’t like the idea of signing off on something and then getting the price raised on me. They gave in and said they would honor the price I signed on back in August.

[spurcap]

Originally Posted by aerobod

BMW USA could just not pay the tariff and the car wouldn’t enter the country and would become unavailable as a product, no force majeure needed, they would just return the deposit. If the contract was iron clad enough to force delivery, then it would likely have to circumvent consumer law and force the buyer to take delivery in all circumstances, to make it equal from an enforcement perspective.

Agreed on equal enforcement and I agreed to a nonrefundable deposit which I expect would in almost all cases be sufficient damages .... I buy a car and fall through, they keep my money and sell the car to the same price to someone else. The deposit prevents the need to litigate. This is why, if I was a dealer, I would be cautious about taking an order in a weird and undesirable colorway or weird specs... if the buyer backs out this remedy is problematic.

This arrangement (and executed SPA) is far different than simply placing a deposit to show your experience and the dealer agreeing to order your car for you when it's your turn.

I agree with you - if BMW stopped shipping the car to the US, any reasonable person would agree the appropriate plan of action is to refund the deposit and go on. Neither party had any fault in this manner. But say, a 20% MSRP increase.... I would argue if the dealer didn't want to be at risk for their pricing variability from the OEM that they should not sign contracts with a fixed price. The terms could easily make reference to the MSRP at time of delivery adjusted for X to protect them from this risk. But in my case - they don't. It is a very simple fixed dollar amount for a car meeting certain specifications. The flip of this is that if M2s were sitting and BMW came up with an incentive - I would reasonable accept that I am not entitled to it and would consider myself in breach for backing out. Almost impossible to force a customer to take delivery even with litigation but if the discount was in excess of my deposit I can't see a reason they couldn't sue for the lost revenue when the car is sold (at discount) to a new buyer. In practice though litigating customers isn't great for long term business and the costs of doing so probably won't justify a few thousand bucks which we are talking about here.

[aerobod]

I wouldn’t be surprised if BMW just delayed any cars for both Mexican production and shipment to the US, until the tariff situation becomes clearer.

[techwhiz1]

Originally Posted by spurcap

I guess that depends on the terms and enforcability of a purchase sale agreement. If I wrote it, I would feel good about its ability to hold up. Of course they wrote it so there maybe an out - although I read it top to bottom and did not see any force majeure class for an out.

If you enter into a binding agreement to sell a specific asset for a fixed amount of money, the starting point is not - my cost went up so I don't want to anymore. But such an agreement would need to be executed and in writing at a minimum.

That's not exactly how it would work. Basic price increases are one thing, a tarrif is a tax added by a government. They can no more be held to the contract term for that or if VAT or DMV fees went up and you refused to pay the increase.

Tarrifs will cause a opt in scenario or they will refund the money.

There isn't 20-25% profit and they aren't going to eat it. Consumers pay tarrifs not anyone else.

I'll just opt for an M4. No problem

[spurcap]

Consumers ultimately pay tarrifs (economically) but legally they are often a tax paid by the importer at time of crossing border rather than by the end user at time of a sale. I won't keep speculating as we have no clue how any law implementing tarrifs gets papered but I personally do feel better having an SPA with a fixed price noted. Maybe it's worthless. Maybe it's worry over nothing. Time will tell.

[spurcap]

Originally Posted by aerobod

I wouldn’t be surprised if BMW just delayed any cars for both Mexican production and shipment to the US, until the tariff situation becomes clearer.

A real and reasonable possibility.