Originally Posted by DardenUnited
The more I think about it, actually, the more I put myself in the original salesman's shoes since it parallels the way I'm selling my outgoing car. I have a buyer. He promised to come this weekend (even went so far as to obtain a cashier's check and show it to me via MMS), made travel plans and will supposedly drive the car away. All the while implicitly promising to me that he won't buy a different car if one becomes available to him locally (implicitly due to the unspoken rule of reciprocation - I explicitly promised him I wouldn't sell it to anyone else, either, even if a better offer comes my way). Is he full within his rights to reneg? Sure. He made a promise, but ultimately he doesn't owe me a thing. And, furthermore, I will have had ample warning since the color of my car is the last of five on his list of priorities (much like my dealer did when I e-mailed him asking how long it would take for me to get the ST2 instead of the ST3). He can call me tonight and tell me: "Sorry, dude, found a blue one $500 cheaper next door. Doesn't have the heated seats (which mine, ironically, has), but I don't need them and would rather save a few bucks." That puts him out the hotel and bus tickets he spent money on already (kinda like the Go Pro with me) and it puts me out of a sale. Guess what? I'm going to wish him luck and hang up the phone - not make it seem like he's the biggest jerk on the face of the planet. You know why? Because I have confidence in that my car is good enough for someone else to come along in a week and buy it - without me having to settle on a price I still think is a few hundred bucks too low (kinda like the A-plan, if you will). Yes, it's extra inventory in my hand (along with having to insure it, it's actually a lot more of a pain for me to keep a car in my driveway than for a dealer to keep "my" ST3 on the lot, relatively speaking), but I will sell it. And what am I going to achieve by getting mad and yelling at the dude? I'll make my own heartburn worse and will give him a case of it as well. Nerve cells don't re-generate, so why waste them?
I'm not busting your balls, just giving my opinion. The difference here is that you *ordered* the car you wanted understanding that it would be a fall release with no guaranteed delivery date. They would not be in posession of that car had you not ordered it for yourself. In your case, you are trying to sell a car that you already own. No one asked you to buy it for them so they could buy it from you.
In your current situation, If I was the guy coming to buy your car, I would not back out of it even if I found one next door the day before coming. The only way I would back out of buying your car is if it was not as described. I might call and see if you had another buyer, and if so I would change my mind. AND if I was you, and someone went through the trouble of texting you a picture of the check and their bus tickets, I also would not sell it to anyone else until he didn't show up if that were to happen.
Now- your sales guy that blew up on you was totally not cool but I can certainly understand your frustration. If I was in their situation, you would not be getting your deposit back. Now if you lost your job or had some other reason that you could no longer afford or buy the car, I'd be a nice guy and give it back. But you got so excited that you couldn't wait a few more weeks for the car that you yourself had the dealership buy to sell exclusively to you? I would definitely make the deposit non-refundable.