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Reeves Imported Motorcars

Tampa

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Stephen of Whitehouse Station, NJ September 19, 2009

I am a long time BMW owner, most recently of a BMW 740iL for more than 12 years.I have had a highly unsatisfactory experience with a franchised BMW dealers: Reeves Import Motorcars (Sales) in Tampa FL, from whom I was in the process of purchasing a 2007 BMW 650i Coupe after seeing this vehicle first on the BMW Certified Pre-Owned section of the BMW USA web site.

After coming to agreement with me on the price of a Certified Pre-Owned 2007 BMW 650i coupe (VIN: WBAEH13567CR53202) and issuing a Buyer's Order to me (attached to 9/11/2009 email I received from sales consultant S. Coryell of Reeves), and after collecting a $1,000 down payment from me (posted to my Master Card 9/11/2009), as required by Reeves to hold the vehicle pending completion, within a week to ten days, of this cash / cashiers check transaction of $46,000 + fees / state sales taxes--Reeves remarkably informed me by email the very next day, on Saturday, 9/12/2009, that it had sold the car to someone else and would be returning my $1,000 down payment on Monday, 9/14/2009 by reversing the credit card charge. This action was completely unilateral on the part of Reeves, and was in no way desired by me.

(Note: While return of my down payment is NOT desired by me [I wish to complete the sale], I checked my MasterCard account online 9/19/2009 and observe the down payment has NOT been credited.) When this unwarranted abrogation of the in-progress sale occurred, Reeves and I were in the midst of an email discussion relating to the best way to perform the registration / titling for this (out-of-state) sale.

To expedite matters and eliminate dependencies, I had requested that Reeves simply pay the FL state sales tax and obtain a Temporary Tag (at the local Hillsborough County Tax Collector's office [TCO])-- a simple procedure that I had verified via a phone conversation with the Tampa, FL TCO office. This would permit me to legally transit FL with the vehicle and drive it to NJ. At that point I would be responsible for appearing at a local NJ Motor Vehicle office, paying any differential between the NJ and FL sales tax rates, and paying NJ fees for registering and titling the vehicle within 20 days after completion of the purchase.

In this way, there would be no risk of delays arising from Reeves itself attempting to obtain the NJ title / registration / license plates prior to my flying down to FL. That dependency, and the risk that it might not happen before I flew down, would disappear because I would take responsibility for completing these steps after returning to NJ. Per the FL Tax Collector's Office, this was perfectly allowable, and is done all the time. In this case, the dealer goes to the Tampa TCO, pays FL state sales tax, supplies VIN verification and evidence of buyer insurance, etc. - and, for $8, the TCO issues a Temporary Tag permitting legal removal of the vehicle from the dealer's premises and driving back to the purchaser's home state.

Reeves instead stated that its policy was to do it the "We initiate it ourselves" way, wherein Reeves (or some agency acting on its behalf) would obtain the out-of-state title / registration / license plates from NJ. I simply asserted I felt this was unnecessary and risky--given that it entailed the possibility of delay and of my being trapped in Tampa if it didn't happen before I flew in. The entire thrust of this discussion was to expedite the sale and thus permit sale consummation at the earliest possible date. Presumably this would also be welcomed by Reeves, since by expediting the process Reeves would receive the full cash amount at the earliest feasible moment.

Reeves appears to have cancelled the sale under the pretext that I would not do it any other than "my way." This was a completely unwarranted notion, particularly because I explicitly stated in email to S. Coryell that "I don't understand your insistence on this, but will comply with your policies." (I would be happy to supply you with my email to Reeves on this point.)

I have no idea why Reeves has decided to cancel this in-progress sale. Did someone else appear, and offer to pay more? Even if that happened, is Reeves permitted to abandon an in-progress sale where both parties have agreed on price and Reeves has both issued a Buyer's Order and taken a down payment? All I know is that Reeves sent me email on Saturday, 9/12/2009 stating the discussion was moot, since it had sold the vehicle to someone else.

Interestingly (if in fact Reeves has sold the car), Reeves continues to list the vehicle as being "For Sale" atRevesImporMotorcars.com. (Go to second page and scroll down to 10th listed vehicle: 2007 BMW 650i Coupe.) I just checked this moments ago (Saturday AM, 9/19/2009). I do not know the FL law / regulations on this practice, if in fact Reeves has sold the vehicle or now has a sale pending with another buyer. In NJ, it is illegal to continue offering for sale a vehicle in such a situation.

My request would be that Reeves immediately cancel any pending sale of this vehicle to another party (if any such pending sale actually exists), and that it conclude the sale with me per our bona fide agreement--an agreement wherein Reeves had both issued a Buyer's Order and had charged the $1,000 down payment to my credit card.

If that is not possible, what penalties or consequences, if any, can be returned to a dealership when it behaves in an unethical way like this? Are there any FL statutes the govern here? Are dealers permitted to enter into good faith pending sales wherein they issue a Buyer's Order on corporate letterhead, take money as a down payment from the prospective buyer - and then simply abrogate the sale without reason (or because someone else may have come along and offered more)?

I can supply a copy the Buyer's Order from Reeves. (Please Note, upon my initial phone contact with Reeves on 9/3/2009 [wherein I offered $46,000 for the vehicle], Reeves countered with an offer of slightly over $47,000--and dated that offer 9/3/2009. After finally agreeing to my $46,000 offer a week later, Reeves sent me a Buyer's Order for $46,000 but used the first contact date of 9/3/2009). The email to which this Buyer's Order was attached is in fact dated 9/11/2009 (I would be happy to supply this, if required.)

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