By on June 28, 2019

2019 Mercedes-Benz G-Class Camo

When it comes to buying new cars, I don’t have much patience. When I bought my Focus RS in 2016, I spent less than an hour doing the whole deal, including actually deciding what car I wanted to buy. Got a blank check approval from my bank, spitballed some ideas with my older brother and my good friend Bozi, and then put down a deposit on a car at a dealership about a thousand miles away. But there was one time when I tried to have patience, and was sorely disappointed.

Eleven years ago, I put down a $5,000 deposit and placed an order for a BMW 135i with my local BMW dealer. It was the launch year for the ill-fated 1 Series in the states, and I wanted to have one of the very first Ones to hit our shores. I ordered a very stripped down version — black, stick shift, cloth seats, no roof. After about 12 weeks, the dealer called to let me know that my car had arrived. Well, a car had arrived… but certainly not mine.

This example was an automatic. But that wasn’t the only thing they got wrong. They added somewhere in the neighborhood of $5k to the sticker, including nearly every option, even a red leather interior. Imagine my disappointment and frustration with the dealer, who had recycled sales people a couple of times since my order and couldn’t seem to track down anything about it, not even the original order sheet.

I asked for my money back, which they reluctantly gave me, and I ended up buying a Pontiac G8 GT instead — not a bad trade. But not everybody who goes through the ordering process is so fortunate. Click the jump for a question from our friend Andy about his experience in ordering his own custom German whip.

Hey Mark,

Got a good one for you and I’d love some input on here in SF, CA.  I have a new G63 on order and I’ve had my deposit on the car since they announced it last year.  When I put my 5k deposit with the salesperson they didn’t even have the car in the system. They gave me a paper receipt and over a year later I finally get an email saying my original salesperson was no longer there and my order was delayed.  They eventually got me a spot, and I dealt with a new sales rep. Spec’d my order and got in line. This was still early and MBUSA didn’t have the MSRP confirmed. When I placed my original order, with the now disappeared sales rep, he agreed this would be sold at MSRP since this would be my second G-class purchased from the dealer.  Eventually, they received pricing, sent over an email with the MSRP and build sheet and I confirmed the order. I tweaked the order several times and every time they changed the order and price and I had to email my confirmation.

 A few months later, as we got close to the build date, they emailed me saying that these are selling for 30k over asking due to demand and “how much would I be willing to pay?”. I obviously explained that the agreement with the original salesperson (verbal) was at MSRP and all communications with them were assumed at MSRP.  Got some vague answer back from the dealer saying they will see what the manager says; and I’m not pushing the topic till the car comes into the dealer in 2 weeks.

 I don’t really have a signed contract or anything along those lines but several emails with the build sheet, at msrp, confirming my order.  They sprung this whole markup situation on me well into the process and I honestly have no idea what they will pull when I go to collect and purchase the car.  I’m fully expecting them to push me to pay a premium and I’m prepared to refuse it. This is 100% my custom order and I’ve had 5k on deposit for over a year (feb 2018) so I don’t think they can sell it without me walking away from the deal, which I don’t plan on doing.

 So many questions on how to deal with these guys if/when they attempt to charge me a dealer premium.  Any tips or thoughts on how to deal with this situation? I assume there is a small chance they will just sell it at MSRP but I’d like to be prepared with some good arguments or legal standings here. 

I wish that I could say that I’m shocked, Andy, but I’m really not. Not even a little. The G63 is proving to be a very difficult car to get one’s hands on. I’m hearing that you pretty much need to have bought an AMG (or even two) beforehand to even be permitted to buy one. I know a guy who owns about 60 exotic cars, including a couple of AMG GTs, and even he can’t get one. So it’s completely unsurprising to hear that your dealer is screwing with you like this — they likely have people lined up to throw money at them, and the general manager is probably feeling a little sad that he won’t be adding another $30k to his bottom line on your order.

Let me preface this by saying that I am not a lawyer, and I have no specific knowledge of California law on this matter beyond what my Google-Fu can find. My educated guess, however, based on what I know of dealership practices, is that you’re fucked.

Since there’s not much documentation on your original deal, there may not be much hope for you walking out at MSRP. The dealer may argue that your deposit was for a G63, not necessarily this G63. You don’t have a signed deal with an agreed selling price, so they may also argue that no selling price was ever agreed upon.

But there are a few things you could do.

The first would be to walk into the dealership and assume positive intent and result. Since you have purchased from them before, they may just end up biting the bullet and selling you the car at MSRP (a hilarious statement, when you think about it). The email about “how much you’re willing to pay” may have just been a shot across the bow, hoping that you’d write back and say OMG WHATEVER YOU WANT ME TO. The dealer may just decide that he’d rather have the sale on the board than argue with you about it all day. Let’s hope for this outcome, shall we?

 The second would be to have a preemptive strike in your back pocket. You appear to be a man of more than modest means — it might be worth the $500 or so it would cost a lawyer to draft a letter on your behalf, stating that the emails back and forth constitute a written agreement to sell the car at MSRP. Would it hold up in court? Maybe, maybe not. But it might scare them into folding and selling the car at MSRP.

But if you’re committed to buying a G63, the fourth and final thing would be to print out this post and bring it into the dealership with you, explaining that 50,000 people or so read this blog on the daily, and that you’d be happy to post an update and put them on blast if they try to screw with you. I don’t know which Mercedes dealership you are referring to, but most of them are part of larger dealer groups, and they don’t like this type of publicity at all. For proof of how this blog can fuck up a dealer’s Google results for literally years, ask the dealer to search “orlando kia west.”

 Lawyer friends in the B&B, any advice for our friend?

 

[Image: Mercedes-Benz]


Bark isn’t a lawyer, but he’s great at arguing! Put the Bark to work FOR YOU! Seriously though, email Bark at [email protected] with your questions, and look at his pictures on Instagram. 

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59 Comments on “Ask Bark: Can They Actually Do This to Me?...”


  • avatar
    albert

    Another option: send a letter or link to this article to mr Zetsche or Kallenius directly. In Germany this kind of behaviour is not particularly welcomed.

  • avatar
    JMII

    “When I put my 5k deposit with the salesperson they didn’t even have the car in the system.”

    Full stop. As they: well there’s your problem! Not sure what you expected but this deal was forked from the get go. No contract just everything via email. Sure its written down and not just some random conversation but it sounds like nothing was signed, no contract by either party.

    Now maybe a lawyer can use the receipt as proof of contract but its likely way too vague. You gave them some money to by some car in the future at an unknown price. Turns out that price has been adjusted based on market demands. While would the dealer honor the deal? They only thing they have to lose is embarrassment via internet. A million YouTubers have proven that’s nothing. So is it worth $30K to them? I’m guessing no.

  • avatar
    jvossman

    Also not an attorney, but I am probably USA’s oldest part time law student and am sitting for the bar in February. What follows below is NOT advice and go talk to an atty..

    For a contract to be legally binding it must contain four essential elements:
    an offer. (which your emails provide)
    an acceptance. (did their emails ever say yes they will sell you the car?)
    an intention to create a legal relationship. (you both wanted to sell/buy a G63
    a consideration (usually money). Your 5k.

    Absolutely see an atty regarding this. If it gets to it, you may be asking for specific performance from this MB dealer. Before lawsuits though, a call/letter from atty to both the dealer, the regional office and national headquarters may get it done. Good luck!

    • 0 avatar
      Astigmatism

      Attorney here, and I agree 100% with jvossman. It heavily depends on the specific wording of those emails, but it sounds a lot like a legally binding contract was created. A lawyer who reads the emails should be able to tell you whether you have a case.

      So should you a lawyer? Depends, because a lawyer will charge $500-$1000 an hour and it’s entirely possible that all you’ll get out of it is your $5k back. However, it’s also likely that the dealership will see a nastygram on legal letterhead and fold instantly (particularly if you CC MB corporate). And frankly, if you’re the sort of person buying his second G-Class, you’re also the sort of person who can afford to spend a couple grand out of well-earned spite.

  • avatar
    dwford

    It’s very odd that neither you nor the dealership wrote up a purchase contract for this when you gave them the deposit. Yes, you had limited info at the time, but it could have at least memorialized the deal and acknowledged that you would be spec’ing it out when the time came and that the price would be whatever MSRP ended up being. Not a very good business practice for a dealer to just take $5k from someone on a verbal deal with a salesman.

    At least now, with the emails you have some documentation that it would be sold at MSRP. Hopefully that’s enough to arm twist them into honoring the deal.

  • avatar
    MiataReallyIsTheAnswer

    QUOTE: “Imagine my disappointment and frustration with the dealer, who had recycled sales people a couple of times since my order and couldn’t seem to track down anything about it, not even the original order sheet”

    I could not fathom custom ordering a new vehicle (which I have done a couple times) and not having my own copy, even literally a COPY, of the order sheet. They would not get my deposit money until I had it in fact. If nothing else it represents the start of your stack of documentation that might make it worth a million bucks at some auction 40 years from now.

  • avatar
    FormerFF

    Way back when Mazda RX-7s were first available, we used to have a waiting list at the dealership where I worked. To get on the list it took a $500 refundable deposit, and a signed buyers order. On that buyers order was a price agreement, which was for MSRP of the car a dealer fee, which at the time was $200. Every month, when the allocation of RX-7s came in, we started ing people on the list, offering them their choice of what we were getting that wasn’t spoken for.

    I can’t see putting down a deposit without a price agreement. The only time I ordered a car we agreed on the price, and that I’d get whatever factory incentives were on the car at that time it was delivered. I realize that’s a far different situation than this one, where the vendor of a luxury item does its best to abuse a well heeled prospective customer.

  • avatar
    newenthusiast

    California has adopted the Uniform Electronic Transactions Act.

    As defined by that act, the back and forth emails describing the details of the special order, the agreed upon price point, and the deposit would seem to demonstrate an intent to form a contract or take some kind of contractual action, which is all that is needed to make it enforceable. And the buyer’s name on an email and even a voice on an answering machine or voicemail constitutes an electronic signature under that law.

    Since he can afford a G-wagen, I would think a consult with an attorney is money well spent. Surely, that will be less than the $30k extortion….sorry…’mark up’ from the dealer??

    https://www.sos.ca.gov/administration/regulations/current-regulations/technology/digital-signatures/frequently-asked-questions/

  • avatar
    Lie2me

    I had no idea that G-Wagons were such a hot commodity. Something like this would never happen to me, because to want something so bad is to put all the power in the sellers hands and I can’t live with that

    • 0 avatar
      gtem

      Same. But then again I don’t have G-wagen money haha

      • 0 avatar
        Lie2me

        Doesn’t have to be a G-Wagon, any old hard to get in demand car will do. When the dealer holds all the cards you’re screwed

      • 0 avatar
        Inside Looking Out

        I am even worse – I have no idea what G-wagen is.

        • 0 avatar
          Lie2me

          Really? It’s a very expensive Mercedes Benz Jeep

          • 0 avatar
            Inside Looking Out

            “It’s a very expensive Mercedes Benz Jeep”

            Now I understand why Germans lost the war. On the other hand I never saw German Jeep in WWII films and videos. Germans usually rode unreliable motorcycles or horses.

          • 0 avatar
            -Nate

            ““It’s a very expensive Mercedes Benz Jeep”

            Now I understand why Germans lost the war. On the other hand I never saw German Jeep in WWII films and videos. Germans usually rode unreliable motorcycles or horses.”

            Revisionist history there ILO ~ almost everything the Germans had then far, _far_ out performed whatever U.S. Dog Faces had to make do with .

            Germans had ‘jeeps’, V.W. made “Kubelwagons” (‘Bucket Car’), amphibious versions and even some 4WD Beetles too, all were *much* lighter than U.S. Willys Jeeps and so could traverse worse terrain easier .

            We didn’t win WWII because our stuff was better, we had more of _everything_ and steam rollered Germany once our industries got cranked up to full speed .

            We had sturdy slow Harley Davidson 45CI motor cycles that drank fuel and oil in massive amounts, were slow and unreliable (a friend of mine was a dispatch rider during WWII) whereas Germany used a variety of well made Motocycles that once again were vastly better engineered and built along with lighter, sturdier and _far_ more fuel efficient .

            Fuel usage on a battle field is always a serious issue .

            You need to study a bit .

            -Nate

          • 0 avatar
            Lie2me

            googles “Kubelwagens”…

            “Kubelwagens”= VW “Thing”

            https://static.turbosquid.com/Preview/2014/05/25__08_44_59/main%20preview.jpg9bf8bb4a-ebfc-41cd-ac9a-0f133db2a48dLarge.jpg

          • 0 avatar
            Inside Looking Out

            Nate, I did not see any of these f**king Kubelwagons in war chronicles or war movies. May be they existed in theory but in reality they rode horses and bikes. Germans also had the worst battle uniforms and were absolutely unprepared for the long protracted war. Their Tiger heavy tanks theoretically were superior to anything allies had but we wiped them out in the Battle of Kursk. So much for German technical superiority. The same regarding V1 and jets – absolutely useless tech while T34 and Katyushas kicked their ass.

          • 0 avatar
            gtem

            Nate I think your take lacks a bit of nuance. Yes most of the hardware was excellent, but it took a lot of resources to make, and their biggest mistake was putting a LOT of those limited resources into high-performing but ultimately unreliable Panthers and Tigers. Doesn’t matter how well it performs when it blows its transmission or sets itself on fire in transit.

          • 0 avatar
            Inside Looking Out

            “the U.S. Army used mules, what’s the difference ?”

            The difference it that we wiped out Germany pretty much completely and dominated on the land, sea and sky.

          • 0 avatar
            Art Vandelay

            “Fuel usage on a battle field is always a serious issue”

            Ironic post given how the Battle of the Bulge panned out.

          • 0 avatar
            -Nate

            The lack of fuel for the Germans in the battle of the bulge exactly makes my point .

            ? Are you saying we won WWII because Willys Jeeps were better than horse ? (they were but nowhere as good as the Kubelwagen) .

            That’s absurd, you must have failed 7th grade history .

            -Nate

        • 0 avatar
          Lou_BC

          @Inside Looking Out – The G-Wagon or Geländewagen (German words for “cross country vehicle”) started out as a military vehicle. Think Hummer with 50k worth of leather and hardwood trim. The Canadian military uses the mil-spec version as well as many other countries.
          Straight from Canadian Armed forces web site:
          “The G Wagon – Light Utility Vehicle Wheeled (LUVW) is used by Regular and Reserve field units and training establishments to provide tactical transport in the fields of command and control, liaison, reconnaissance and military police.

          The G Wagon – Light Utility Vehicle Wheeled (LUVW) is powered by a 2.7-litre, 5-cylinder, turbo-charged diesel engine. It can be outfitted with a tailored armour protection systems kit.”

          • 0 avatar
            Inside Looking Out

            Is it cheaper than Hummer? Why US military does not use it?

          • 0 avatar
            Lou_BC

            @Inside Looking Out – I believe the USA military has a policy of not buying foreign made military vehicles.

          • 0 avatar
            Lie2me

            Yes, the optics on the American military driving German made vehicles would not be good

          • 0 avatar
            -Nate

            @ Gtem ;

            Point taken but no one who actually watched any WWII films didn’t see Kubelwagens….

            Yes, they used horses, so what ? the U.S. Army used mules, what’s the difference ? .

            Revisionist history is B.S., you’re allowed to hate nazis and by proxy Germans in general the same as folks hate Jews, Blacks and other non Whites, this doesn’t make lying O.K. .

            -Nate

          • 0 avatar
            Art Vandelay

            This vehicle, along with the HMMWV has been deemed obselete by the experiences off the last 20 years of warfare. Vehicles without blast protection underneath tend to result in flag dropped coffins or VA claims for their occupants.

            We do but foreign stuff…I think our RG-31 gun trucks were South African. But this vehicle isn’t in line with current Army tactics. We are actually ditching the HMMWV for a way more expensive rig. Google JLTV.

        • 0 avatar
          FreedMike

          I drove an AMG G-wagen once. You ain’t missing much, unless you like the idea of a 500-hp barstool.

          • 0 avatar
            ToddAtlasF1

            My ideal G-wagen would be a Puch 290GD with a 5-speed, but tell me more about this 500-hp barstool idea.

    • 0 avatar
      Secret Hi5

      Sounds like the German war machine was run by a group of Internet fan boys who prioritized fancy impractical toys – If only the Wehrmacht had a tidal wave of braun kombiwagens.

      • 0 avatar
        PrincipalDan

        German equipment was SO precisely made and engineered that it took too long to produce and too many resources, then on top of that it was finicky to maintain.

        Soviet equipment was so sloppily put together and so slap dash you could jam a rifle into the mud, pick it up and still fire it.

        American equipment was somewhere in the middle.

        Those are the stereotypes essentially.

      • 0 avatar
        FreedMike

        The Germans had some terrific weaponry and plenty of innovative tactics – they just lacked the resources to fully leverage all of it. The Stalingrad campaign, in fact, was about taking the Russians’ oil fields in the Caucasus. When that failed, they were boned.

        There was a reason why they used Blitzkrieg tactics – they knew that a prolonged war was not going to go their way.

        • 0 avatar
          -Nate

          @ PD ;

          Yes but stereotypes based on reality .

          The U.S. of A. $pent Seriou$ $ developing a pen that wrote upside down in zero gravity .

          The Russians simply used pencils attached to clip boards with string in outer space….

          I own several Russian Motocycles, crude yes but they soldier on in bad conditions, like pre 1970’s American and British cars ~ I know may like to hate the crude things but they’re crude for a reason : low cost and if you know how to fix them, *very* easy to maintain in the field and cheap easy / fast to repair too .

          I have a simple yet close tolerance Japanese Moto, a 42 year old CT90k2, it has a lot of miles on it yet still runs fine, as long as you keep it full of cleal oil it’s almost unkillable .

          My 1975 BMW R60/6 is also running well and the original paint is fine too…..

          When I rode Harleys (’37 EL KnuckeHea & ’65 FL PanHead) they were considered junk by anyone not a Harley enthusiast yet I rode them very hard and rarely had any problems, the only time I was left afoot was from me failing to lube the drive chain…

          -Nate

          • 0 avatar
            PrincipalDan

            Of course there’s an undercurrent of truth.

            Germans essentially developing the machine gun but then having trouble managing the heat and expansion of rapid fire.

            The Russians stockpiling outdated equipment just so they can potentially use it to overwhelm an enemy with sheer FORCE.

            I’ve heard Harley dealers from the 60s and 70s essentially talk about the PDI on bikes of that era requiring them to almost reassemble the bike to correct sloppy factory assembly.

          • 0 avatar
            jeano

            Nonsense
            Both countries used the Fisher space pen, privately developed and funded
            Both used pencils prior to that, which was not ideal as graphite floating about is conductive, flammable and can get into eyes

          • 0 avatar
            -Nate

            Having worked on and ridden Harleys quite a bit I can tell you definitively that the late 1970’s through the 1980’s was the very worst of it, the 1960’s were not so bad .

            @ Jeano :

            Another myth bites the dust I guess……

            -Nate

  • avatar
    Hydromatic

    I’m wondering why couldn’t he just order a US-spec G-Wagen directly from the source, pick it up and have it shipped back to the US.

    • 0 avatar
      jack4x

      Even the Euro delivery program needs to go through a dealer, and the dealer needs an allocation to place the factory order. If the going rate for the limited number of allocations is $30k over, its easy to see why the dealer might not want to part with one for sticker.

  • avatar
    SoCalMikester

    went to buy a 2008 yamaha tmax, 1st year in the states from a place called “OTD motorsports”. their gimmick was basically MSRP = out the door price. talked to their internet sales person, put down the whole $7999 six months in advance. should be a done deal, no?

    turns out their regular salespeople were selling them to anyopne who walked in the door. had to actually go down and find the guy to remind him.

  • avatar
    Jean-Pierre Sarti

    I don’t have any advice but I do have a question for the original poster Andy.

    Bare in mind this is a troll free question : What is the appeal of these G-Wagons? Where I live I do see a healthy amount of them but I have never meet someone who owns one to ask the same question.

    I thought I would give it a shot asking you and thank you in advance for your answer.

    • 0 avatar
      Lie2me

      They’re a status symbol plain and simple. The owners generally want you to think that they have enough money to blow on a toy. Although quite capable, G-Wagons rarely spend anytime doing anything but being parked in front of the trendiest restaurant or club. Their owners are probably impressed by anything a Kardashian does and think it’s the best example of what a “successful” person drives. They probably live in a McMansion, because generally the house and car are a matched set. They or their girlfriends may also possess a rather large butt. They want you to think they have a large following and are thought to be “influencers”

      I hope that helps :)

      • 0 avatar
        -Nate

        …….?

        What’s wrong with a large & shapely butt ? .

        =8-) .

        My son is an avid off roader . so far I’ve never seen a G-Wagen even on the smooth dirt roads leading to the camp sites .

        My understanding is that NATO uses these and hammers them pretty hard so maybe they are decent if different .

        -Nate

        • 0 avatar
          Lie2me

          Disproportionately large butts are weird, especially behind the wheel of a G-Wagon :(

          • 0 avatar
            -Nate

            “Disproportionately large butts are weird, especially behind the wheel of a G-Wagon :(”

            Not if you visit Beverly Hills…. =8-) .

            Notice also I said a “shapely butt” ~ not that huge thing flapping behind some random fat woman in a clapped out pickup truck and yes, everything in proportion goes without saying .

            Maybe it’s just a case of taste….

            Or, perhaps I should feel sorry for your never having had the exquisite experience ? =8-) .

            Just kidding .

            -Nate

          • 0 avatar
            Lie2me

            Beverly Hills = real life, yeah sure

            “Maybe it’s just a case of taste….

            Or, perhaps I should feel sorry for your never having had the exquisite experience ?”

            Being Gay my “exquisite experiences” might be a bit different then yours ;-)

            -Peace :)

        • 0 avatar
          NeilM

          Nate writes: “What’s wrong with a large & shapely butt ?”

          Are you gonna take me home tonight?
          Oh, down beside that red firelight
          Are you gonna let it all hang out?
          Fat bottomed girls
          You make the rockin’ world go round

          Queen – “Fat Bottomed Girls”

          • 0 avatar
            Lie2me

            A true classic :)

          • 0 avatar
            -Nate

            “Beverly Hills = real life, yeah sure” .

            O.K., so come to South Central L.A. ~ there’s less money but still plenty of folks who enjoy well shaped Women….

            FWIW, there’s plenty of fat gay men too, they just don’t get into the porno rags much . whatever floats your boat is fine with me as long as you don’t try to rub my face in your passion .

            This is a tough crowd to please .

            -Nate

          • 0 avatar
            Lie2me

            Just trying to create an image of a typical G-Wagon owner, to me it’s a “wide load” Kardashian trying to look graceful while stuffing herself into the driver’s seat. I’m sure Mercedes Benz is happy that there are those who appreciate that visual as they send a new fleet for family evaluation.

            No one rubs their passions into the public’s face like a Kardashian

          • 0 avatar
            -Nate

            Just so ~

            To me,seeing a kartrashian in any vehicle makes me want it less .

            -Nate

    • 0 avatar
      Greg Hamilton

      These G-Wagons are what automakers dream of a vleben good–that is good (or vehicle in this case) for which demand increases as the price increases. The customer buys it because it is expensive. I believe the same thing happened with Cutty Sark whiskey many years ago. Cutty Sark increased the price and demand shot up (temporarily at least.) So much for “rational markets.”

  • avatar
    speedlaw

    The G wagon is a symbol of FU money. Here in the Green Leafy Burbs around NYC, it is what you’d buy if you didn’t want the Tesla X Minivan. Not very practical – you could buy a Miata and an Escalade for the same money…but no one cares about practical. They even sell a six wheel version in the Gulf Nations to those with oil money.

    I’ve ordered two cars, one from BMW and one from Benz. Both were custom in that it wasn’t what the sales manager would ever have on the lot. Both dealers were OK, honored the price, and what showed up was exactly what was ordered. The C43 took a lot longer than promised…early October became late December, something to do with US EPA certification problems. I think this was intentionally limited production as used versions are the same price as new ones, or close to it. They closed the order books on C43 pretty fast…2020 models are currently being ordered.

    If the dealers pulled the stunts I see here, I’d whip out my copy of the order and cancelled checks/proof of payment and get a lawyer’s letter out pronto. Car Dealers aren’t scared of lawyers, trust me, but this is the basis of an actual contract case with damages.


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