jhumph88

Hi All,
First, if it was worthless to start a new thread about this, I apologize- but I'm seeming to be finding myself a victim of the TDI Emissions (non!)-issue.
To make a long story short, my '14 TDI was rear-ended last winter and spent 8 weeks in the shop. I replaced it with a CPO '12 Cayenne, planning on getting rid of it after repair (it wasn't totaled, should've been- almost $20k damage).
Shortly afterwards I was totally distracted from selling it, because I ended up moving and getting caught up in the processes of selling my house and buying one.
About a week before the 2.0 TDI news broke, I put in an order for an MB C450 to replace the Q5. It's now out of warranty, 56k miles, and I figured it served me well and it was pointless having two SUV/CUV type vehicles.
Now, the engine in my car is dragged into the circus. The C Class was built this past Wednesday and should be at the dealership by the end of the week. The dealer is being very hesitant about accepting the Q5 as a trade.
This leads me to my questions:

Can they flat-out refuse to take the car as a trade?
I put down an order deposit of $2500. If the trade in value they stated to me goes down by much more than that, assuming they take the car, I'd like the ability to walk away and just eat the deposit. I don't know if I would, but it seems to give bargaining power.
It doesn't seem possible to me that a vehicle order is an enforceable legal contract obligating one to take delivery of the car, but I could be wrong.
The car I ordered would probably sit on their lot for quite a while if I walked away.

I'm fortunately able to swing all three for a few months if necessary, but that's a total waste. I apologize if this is a very haphazard post, but any and all advice is appreciated!

Hockeymonkey

I think you can walk away from the car you ordered and it happens all of the time. The question is whether you get your $2500 back.
A dealer can absolutely refuse any trade. The game they will play with you is around pollution, cannot sell etc.. anything to make your trade worth less is a win for them profit wise.

rbradleysd

If they change your trade I'd think that is basically them adjusting their end of the game & you should get your deposit back. It's not the same as you just changing your mind, it's out of your control.

jhumph88

The one concern I really had was that on the P&S agreement, I signed something to the effect of "i agree to order and purchase" the car, but I feel like that is something that is contingent on the original terms of the sale. I don't think they'd want my ordered C sitting on the lot any more than I want to deal with the potential of balancing three cars. I'm just hoping I'm still in a position with the upper hand.

rbradleysd

I did the same thing on a 535i. During the time the side airbag issue came out (where the IIHS gave it low marks for crash protection) and I backed out and demanded my deposit back. I said I wasn't paying top dollar for a car that could injure me in a car accident. They quickly backed out. It happens all the time

snagitseven

Unless the car was special ordered with some kind of non-standard color or interior, they should refund your deposit. Most dealers will not challenge this as it creates a lot of hassle for them and bad PR. Most small claim courts will not allow a dealer to force you to purchase and the deposit will be refundable.

Is the trade value quoted on the sales order? Usiually it is not leaving the trade to be open ended. While this provides a safety net for the delear if the condition is not as inspected at the time of the sale order, it also provides a safety net for the purchaser as the terms of the sales agreement are not completed. Therefore, you should be able to back out and get your deposit back.

Redd

humph-
You signed a contract of some sort. Those are governed by state and federal contract laws (and others) and every state has its own variations. Hopefully the sales contract says something about the value of the trade-in, since dealers like to confuse the pricing of any sale where a trade-in is involved.
But if you are worried, buy an hour of a local lawyer's time to review the papers. All the papers.
Otherwise, you go in to pick up the new car, cash or check in hand, however you planned to do it, and if they say "Oh, we have to change the price" you say you'll need to reconsider that. Get up, turn around, leave. (And go see a lawyer then, if you hadn't already.)
If your new car really would be hard for them to get rid of, you'll get a phone call from a sales manager before you get home. It all depends on how much profit they think they'll make or lose, and what your LOCAL laws are. Which the lawyer will know best.

I'd guess that if your Audi needed $20k of work, that dealer would be wholesaling it off--assuming they knew about the condition. If the Audi was undamaged at the time they valued it--that's something else again. A very easy and not unreasonable reason for them to refuse to take it in trade, if they were expecting a clean used car. Which might be hard to sell in any way now, anyhow.

snagitseven

OP: The simple thing to do is to go to the dealer and tell them you are changing your mind and would like your deposit returned. If they say ok, the rest of this is much ado about nothing. Happens all the time without fanfare.

rbradleysd

Just FYI I negotiated the deal last weekend for a new Lexus GS for my friend and their guy wouldn't take ANY TDI cars in trade period. So we are basically screwed

I'm thinking maybe I should write my senator and ask for their help

stix

Screwed how ? Your senator help how ?
You sound really unhappy with your Q. Are you wanting to sell/trade yours before they actually make any determinations on fixes, costs, etc. ?