Bait N Switch? What do I do now?

[Freedom]

Well, I have just returned from going down there. My sales person is off today, but that was OK. I got a copy of THEIR form. It does NOT say "pending MSRP."

I spoke with boh Sales Manager, and one of them went "in back" to speak with a General Manager.

I think this is "bait and switch," see what you think? June 24th: I put down a $1,000 deposit. Both I and the sales person sign a PURCHASE CONTRACT for a 2008 Red Prius Package 3, for $X.

So then I wait until a few weeks back when he calls to tell me there is a Red Package 3 in Assembly. Then he clls to say it is aboard ship. Next he calls to say it s ont he ground and he has the VIN # and the sticker. (Yesterday was that last call.) I had the sticker emailed to me.

There IS a 2008 Red Prius, package 3. So what's the issue?
1. The MSRP is $399 more than what my contract price is. Well, that is what it was the day I signed, we negotiated that deal. (So I thought!) Now they realize they can make the whole MSRP and want to? They are still above invoice, so they are still at a profit, just not the max.
2. At the port (so I am told) "TOYOTA" (as if this is some out of control alien being) added 4 items: the first id kit, cargo net, alloy wheel locks and rear bumper applique. Total: $215.

This is the car they have coming. It is $614 more than my purchase contract. They want to know: "do you want it?" If not, I go to the bottom of the list. Which between you and me, I think means I eventually have my deposit refunded, as how in heck are they going to continue getting a 2008, when 2009's are starting to be shipped? So they will eventually say they can't get me "this" car, and here is my deposit back.

They are NOT budging from this line. They can NOT remove the 4 items added at port, that is what "TOYOTA" did, and that is what TOYOTA is billing them for.

This car is due to arrive at the dealership anytime now, (before Sept 9th is all I know for sure).

I'm furious and stumped what to do.

[Zythryn]

If you don't want the extras for a higher price, and the price is listed in the contract you signed, insist on the contract price.
If the price is listed in the contract and they refuse to honor it, I would say you have legal standing. They would need to either give it to you at that price, or remove the items.
Please note, I am no lawyer

[gdbelden]

Toyota does not build Prius's to order (to my understanding)

What they do is try to match what you want to what is coming in the dealer's allotment, or try to find one in another dealer's allotment.

Not sure why you would go "to the botom of the list" if you said you did not want this one.

I do suppose that the more you wait, the less likely you will find an "08" available.

I got my Prius in June when the wait was about 8 weeks (but got it in about 4)

But whatever you do, don't pay more than your contracted price. I suppose if you were to take this car with the add-ons, you could try to get the add-ons at cost.

[efusco]

It's up to you...can you suck it up, pay the $600, never go back to them for service as your little stick it to them--deprive them of the after-sale profits.

But if you need/want the car without more wait you may just eat the $700 and have a new car. It sucks, but many of the dealers pull this crap.

[a priori]

If you have a contract listing the dealer and you, and it shows the year, make and model of the car, and it has a specific purchase price (not an estimate or something subject to change), and you have listed the specific package (options package), then you have an enforceable contract -- at least it is enforceable if both parties signed the contract and there isn't some "out" listed in the contract. Even it there is an "out" in the contract, they (or you) would have to follow the terms in order to get out of the contract.

You have two real issues:

1. How badly do you want this car? You can just take it and deal with the extras, and you'll have a great car. Yes, you'll have paid an inflated price, but then that is what you're doing anyway.
2. What kind of relationship do you want with this dealer? If you are going elsewhere for service and have other options in dealing with Toyota dealerships, then you can push this thing. If this is the case, I'd start at the level of the owner of the dealership. If you do not get an immediate response, then go up the chain to the regional manager for Toyota. Time is short, so start now.

[efusco]

Let me add that I think it is fair to charge you the higher MSRP price.

[Freedom]

Originally Posted by efusco

Let me add that I think it is fair to charge you the higher MSRP price.

Help me understand WHY? The MSRP has NOT gone up since the day we signed the contract. It is the same then as now. And Prius waiting lists aside, dealers DO sell cars for less than MSRP. That is done often. And that day, during our negotiations, they were wiling to do just that. Why do you think that they are now allowed to change their minds, and strike a different bargain?

[rcaine]

Originally Posted by efusco

Let me add that I think it is fair to charge you the higher MSRP price.

I'm going to agree with this. When we signed on with our dealership it was for MSRP. The dealership would not add on but Toyota might raise the MSRP and they would follow along. After another dealership was asking for $5000 over MSRP we agreed this. In this market I haven't heard of anybody getting under that.

The options are another story. Could you get them to uninstall the first aid kit?

[Freedom]

Originally Posted by rcaine

The options are another story. Could you get them to uninstall the first aid kit?

Roll your eyes all you like, they refuse to, they say Toyota put it in there and billed them and that is that. I been rolling my eyes in between groaning!

[efusco]

Originally Posted by Freedom

Help me understand WHY? The MSRP has NOT gone up since the day we signed the contract. It is the same then as now. And Prius waiting lists aside, dealers DO sell cars for less than MSRP. That is done often. And that day, during our negotiations, they were wiling to do just that. Why do you think that they are now allowed to change their minds, and strike a different bargain?

I'm sorry, I thought you were getting a higher MSRP...I guess I'm confused then...are you saying they're trying to charge you OVER MSRP or that you'd negotiated a price below MSRP initially?

I think the bottom line is whether you're willing to take a stand for the principle of the matter or if you just want to get the car and be gone. For the sake of the rest of the world it's probably best to walk away...but I couldn't blame you for paying up.

I think it is worth a sit-down with the manager with a copy of your "contract"...and I'd repeat that word very frequently...and explain how you thought a contract was a legally binding agreement b/w two parties. Asking if they think you should engage an attorney to help you understand your rights might not be a bad move either. Take the high road for now, get nasty when it's necessary.