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      11-12-2012, 07:41 PM   #23
Racer Louis
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United_States
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Drives: 2019 M5
Join Date: Sep 2012
Location: California

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Quote:
Originally Posted by RPiM5 View Post
Haha Sam! Thanks bro! Your too kind!

I'm not the only one still waiting though. There's still Sir KrispyKreme too.

Both of our cars were damaged somehow during shipment. My front bumper was damaged and Krispy's rear bumper was damaged. Hmmm... BMW won't say though. Latest word is that mine will hopefully be released from the VDC on Monday and Krispy's will be released on Tuesday after both of our damages are repaired.

But yeah thanks for the petition though. They technically owe us our cars by next Friday or they will be in breach of contract. And don't worry gents I already have my lawyer on speed dial. I will post an update here when I hear something tomorrow.

But yeah, today is day 185 since I actually put in my order for the car. Just wish I had gotten to enjoy this weekend with it as I have been given a 4 day weekend from the military.

On the upside, I just saw the new James Bond movie, Skyfall. It's pretty awesome! Hope you guys get to catch it this week.
Dave,

I'm glad you're finally getting your car, but for the others -- if you hire a lawyer to sue for breach of contract for not delivering your car "on time" be sure to show the lawyer the clause in your contract (the actual contract, not marketing materials, not catalogues, not anything that isn't actually written in or SPECIFICALLY listed in the document both you and the dealer signed) that said your car would be delivered by a SPECIFIC date. Words like "estimated," "normally," "typically," etc. don't create a contractual obligation. If your dealer separately signed a binding document to deliver the car by a specific date that would be between you and the dealer; the dealer can't commit BMW to a specific date.

Furthermore, you can't buy a car from BMW, BMW sells only to dealers. You buy the car from the dealer, not BMW. Because of that I would surprised to see a dealer give you a contractually enforceable delivery date. BMW will give the dealer an estimated delivery date but that doesn't create a contractual obligation you can enforce in court.

But given that 'shit happens' (my car has been at the VPC since Oct 28th) my advice is to try to work it out as best you can. Believe me, BMW has no vested interest is 'screwing anyone over.' But stamping your feet and screaming or threatening to sue isn't likely to get the best results you seek.
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