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Case of bait and switch?

Discussion in 'Tesla Motors' started by Khanhvngo, Sep 22, 2016.

  1. Khanhvngo

    Khanhvngo Member

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    Hi everyone here is the case:

    We test drive the model x (love the car)

    1.Salesman quote us a prices of $82,950.
    2. On Sunday night around dinner they said if you order by today you can get the model x on the 30th of sept because the car is already build. Doc and destination fee wave (1,200.) only if you put a deposit down tonight.
    3. We put a deposit and went ahead with the order. Next morning ask if the referral program can be apply. They say yes, total price is now $80,750. Final price got vin and everything.
    4. 3-4 days got an email from delivery specialist saying car will be expected Oct 10th.
    5. 3 days later salesman call and say the car price is now $84,400. We made a mistake you can have a refund or continue and pay extra!


    At this point everyone we spoke too is saying sorry but they won't lower the prices, they offer 3 year maintains free but won't lower to the quoted prices!

    My problem is that I put my truck up for sale and took someone deposit also, sale date is the 26th thinking I'll be in a model x on the 30th. My wife and I are very angry at what's happening! We feel like they have bait and switch on us and lie from the beginning of everything we ask to get us to make a deposit.

    We feel that we haven't done anything wrong we have everything from the beginning in writing from the salesman all the way to the manager. Why should be have to pay the higher prices because they made a mistake?

    We can't afford the extra $3650 that they raise it too!

    What are your thought?
     
    • Like x 1
  2. Saghost

    Saghost Active Member

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    It doesn't sound like you've done anything wrong. Did they explain what "mistake" they made?

    This isn't normal Tesla practice/experience (but waiving fees has never been until the last week or two, either.)
     
  3. Camera-Cruiser

    Camera-Cruiser Fully Charged

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    If you have it in writing......

    I don't see the problem. In another post here, I person signed a contract for a 60 non-autopilot (has not taken delivery yet) and is now seeing inventory 75 with AP being discounted to less than his 60 and Tesla will not budge. So if they are following a contract to the letter of the law in that case they should do it for you.

    Actually, they should do the right thing for both customers.

    I think the law allows for honest mistakes, like offering you a car for $8,000 when it should be $80,000. The error is obvious. But when in comes down to 2-3% on an $80,000 car, I think the law favors you, as does building good will.

    I would really look at the contract. If you think its correct, then talk to a lawyer.
     
  4. Fallenone

    Fallenone Active Member

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    I think Tesla either got their internal Q3 delivery numbers done (partially due to the discounts they've been giving recently) or they just can't deliver it to you by then end of this quarter. So your car is no longer on the priority list. Thus they stopped the discount.
     
    • Like x 2
  5. Vitold

    Vitold Member

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    I think they made an honest mistake. In reality you are loosing 2650 because they were nice to give you extra $1000 after you made up your mind. I think with 3 year maintenance you are not loosing much. With that said if you signed contract they have to honor it unless there is a clause in it that lets them cancel the deal.
     
  6. rxlawdude

    rxlawdude Member

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    They can't cancel a contract because they made a mistake in pricing of merely 2%. That is, if you have a contract, as in WRITTEN. You said you "put a deposit and went ahead with the order. Next morning ask if the referral program can be apply. They say yes, total price is now $80,750. Final price got vin and everything."

    If you've got that in writing, Tesla must perform their part of the bargain. The bait and switch would be more expected from a VW dealer than Tesla.

    My guess? They've met their sales quota.
     
    • Like x 2
  7. Khanhvngo

    Khanhvngo Member

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    What happen was, the salesman made a mistake on the numbers, but everyone was on board with the number when we agreed and sign the contract. Human error, they keep saying they can not sell it for the original price that we agreed on. We are talking $3650 error on their end.

    We can't go up anymore because we have stretch so much to put the down payment, we have also been telling our family and friends of the new car we got, kind of embarrass now to go back and say we couldn't buy it!

    I just don't understand why they can't take responsibility for the mistake and honor what was agreed upon! They keep saying sorry but won't honor the deal!

    Im willing to wait longer till the 10th of October, but no deal still!
     
    • Informative x 1
  8. number12

    number12 Member

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    This is for an S?

    Go to the sale section. Great lease transfer and great deals from people that want to get out quick.

    Your deprecation hit will be much meow than the 4K the day you drive off the lot.

    That being said. The way tesla is offering disorients and won't budge here is not good
     
  9. Hogfighter

    Hogfighter Professional Lurker

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    I'm sorry this happened. Tough situation.
     
  10. NikeWings

    NikeWings Member

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    Its difficult to understand whether you ordered new or inventory car since the delivery date moved quite a bit and maybe no reservation period if VIN was immediately available? Can you post a picture of your order agreement.......that's really your defense. Have you elevated your situation or still dealing with the DS?
     
  11. Khanhvngo

    Khanhvngo Member

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    The saleman sold us a car that already build for the fleet. It's was a model x 75d but being sold as 60d badge. The car is sitting at factory waiting to be ship out if we agreed to the new prices!

    Had we been working with $84400. We would have not bought it. My wife and I wanted to stay close to the 80k mark. Everyone knows that there is taxes and fees and insurance that will fallow a new car purchase. So when we got final prices of $80750. We did all the numbers and was comfortable with that prices! And we were rush when they said this offer won't last overnight, I have that in writing also!

    The extra 3650 eat into that factor. We already hire an electrician and had the charger install and inspected. Plus the principle of it all too. What good is a contract if it can get good because it's not in their favor?

    We at the moment have three options
    1. Take the new deal, with 3 year maintains free of charge. They are putting that in writing in an email arleady, (but the original prices was written in also, what are we to trust?? )

    2. Walk away and get a full refund.

    What would you do?? At the moment?
     
  12. theschnell

    theschnell Member

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    I would tell them they made a contract in writing, and you made a deposit based on that written contract, and if they don't hold to that deal you will have no choice but to contact an attorney. Don't know if that will work but worth a try. What they have done to you is wrong, very not Tesla like, and totally unreasonable for such a relatively small amount of money.
     
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  13. NikeWings

    NikeWings Member

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    You only listed two options but if your order agreement supports the arrangement discussed ("They say yes, total price is now $80,750. Final price got vin and everything.") then you have a 3rd option which is to proceed per the agreement which is a contract. Otherwise, what did you agree to in writing? Log into your MyTesla account and review the order agreement and terms & conditions. These are contracts which will support your case. Which Tesla showroom did you visit?
     
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  14. 987S4

    987S4 Member

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    I know it's a Model X in this case and the Model S is the one with all the huge discounts, but it's crazy that they're discounting those cars about thousands and thousands, swapping out confirmed cars for inventory cars, waiving fees etc. Yet they won't live up to the terms of a deal.

    What's going on over there?
     
  15. MitchJi

    MitchJi Active Member

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    You can ask them if they have any MX's available for September delivery, on which they'd match or beat the price they gave you. Maybe even a demo or a loaner.
     
  16. patrick40363

    patrick40363 Member

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    Walk away.
     
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  17. CmdrThor

    CmdrThor Member

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    I agree that Tesla should honor their offer in writing, but if affording the car is that close I personally would take it as an opportunity to take a step back, get a full refund, and reevaluate whether you are wanting to commit to the absolute maximum amount you can spare for a vehicle purchase. Refunding the deposit to the person who was buying your truck is probably an option as well.
     
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    • Helpful x 1
  18. Khanhvngo

    Khanhvngo Member

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    We at the moment have three options

    1. Take the new deal, with 3 year maintains free of charge. They are putting that in writing in an email arleady, (but the original prices was written in also, what are we to trust?? )

    2. Walk away and get a full refund.

    3. ** Fight for the deal that was made!!?? worth the time and effort??
     
    • Informative x 1
  19. ttupper92618

    ttupper92618 Member

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    #19 ttupper92618, Sep 23, 2016
    Last edited: Sep 23, 2016
    Ok - so I'm surprised nobody mentioned these factors yet, so let me do so:

    1) It's important to know if you arranged Tesla financing. Anybody who buys a car off the lot using dealer financing isn't signing a sales contract, they are signing a retail installment contract. They are not the same. For one thing, most states do allow dealers to cancel a retail installment contract. So, the fine print of your contract, and it's type, is important. I encourage you to read it carefully, because there are almost certainly sections on cancellation that spell out both your and Tesla's rights and responsibilities. My guess is that you will find they have a right to cancel the contract if they want to. Find out, and then move on to:

    2) If there is no contractual right to cancel in the contract you signed, then they must perform to that contract - it's just that simple. If they don't want to, you can threaten to get a lawyer involved, or you can always threaten to go directly to your state's regulating agency. Even though Tesla is selling direct, in most states they still have to be licensed as a dealer. And that means they must follow the laws in that state, and they are subject to oversight by that state's governing body. That in turn means you can threaten to escalate your complaint to that governing body, which they will likely want to avoid.

    3) Even if they do have a right to cancel, you might be of the mind that Tesla really should honor the agreement you made, merely out of consumer good-will. So if you feel like it, you can always fight it out. But sometimes, it's hard to get your issue noticed by the parties who would care about the consumer perceptions of the business. It is always helpful to understand where and how to best apply pressure to a business. To whit: If I grab your sleeve and apply pressure, it may annoy or inconvenience you, but you will likely just yank your sleeve away. But if I move my fingers just a centimeter closer and apply that same pressure, I may have you squawking in short order. It's a last resort, but you might consider how you can apply pressure to the sales center that did this to you in the most effective fashion. Some things to consider:

    - Emailing Musk's office directly. He probably won't read it, but somebody that can get to him or to someone else able to resolve your matter will. NOTE: I had this last in my list, but I changed it to first because it's just more courteous to give them a chance to deal with the issue before you embarrass the company. And by all means, let the folks at the store causing you grief know you are doing it. You can google "How to contact Elon Musk" and you will readily find the email to use.

    - Tweet Musk. Most of the same logic above applies - he probably won't read it but one of his minions may.

    - Taking to Yelp and other consumer complaints sites and expressing your dissatisfaction there, both for the specific store and for Tesla overall. If Tesla is like any other major corporation, they will likely have someone monitoring these sites and you will be surprised at how quickly attitudes at the street level change when someone higher up the chain becomes involved.

    - Filing a complaint with the BBB, again both in the state where the store is located, and in the state where Tesla is headquartered.

    Anyway, good luck. I have at various points with different issues done some or all of these and I've always had success getting a resolution to my issue.
     
    • Informative x 3
  20. Barklikeadog

    Barklikeadog Member

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    I didn't want to start venturing into other threads since I am not an owner... but
    1. walk away
    2. file a complaint
    3. buy something you can afford and try Tesla again at a later date
    4. who cares what your friends think, every person everywhere has been psyched up about a job, or purchase, or opportunity that fell through. If you need to
    buy a car to say LOOK AT ME then you probably have other things in life to resolve first.

    I'm not trying to be nasty, but I can be very blunt.
    Don't worry about what other people think.
    Don't reward people who screw you.
     
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