Dealer Breach of Contract !!

[Way2Fast]

I had ordered my Spyder back on April 10. I was # 4 on the list at Central Florida Powersports in Kissimme. FL
I get a call from the dealer last week telling me that my Spyder will be in any day. Then he tells me that the price in my contract will not be honored and he says the new price is $1,060 more !! I had shopped around before commiting myself to ordering the Spyder at Central Powersports. Their OTD price was slightly better than elsewhere. I would have ordered the bike from Riva Powersports for only a few dollars more had I known what a swindler this dealer would turn out to be. I have an invoice that had been faxed to me back in April itemizing the vehicle cost, the freight, prep and setup, doc fees, title/reg fee and sales tax. I agreed to the total and paid my $1,000 deposit with a credit card. IMO this is an outright Breach of Contract and the dealer should be libel for my legal expenses as well as the "loss of use" of said Spyder if it is sold to anyone on the list who ordered after I did.
Of course I have not been able to reach my attorney due to the holiday.

This dealers name will be spread all over the internet like mud ! I will report them to the Better Business Bureau and do everything in my power to discourage anyone from dealing with them !!

Richard

[bjeffrey]

If you post the sales person or owners name and the phone #, I personally would call directly multiple times and question them. Maybe if enough people called we could persuade them to honor the originally price without you having to incur more expenses.

I'm a Jeep owner and know the Jeep community helps each other out. I'm hoping this will be the same with Spyder owners.

[barb36jack31]

I hope you hang him by the b---s. I have been reading about this kind of stuff in Southern Cal., but this is the first time I have seen it here in FL I know the price is going up as ofDecember, 2007. I asked my dealer (Seminole Power Sports) in Sanford, FL and he said my price as shown on my sales agreement is solid. I don't have it in front of me right now, but it was $14995 plus dealer prep, shipping, tag title etc inc sales tax for a total of just over 17K out the door. I think you are on very solid ground for a breach of contract action. I would e-mail BRP and let them know what this turkey is doing to their corporate image.

Keep us posted.

Jack H.

[bjeffrey]

There is an authorized dealer in Minnesota (Tousley Motorsports) that is reselling a Spyder for a much higher price instead of selling it to the next-in-line buyer. THIS IS WRONG.

http://cgi.ebay.com/ebaymotors/CAN-AM-SPYDER-ROADSTER-MOTORCYCLE-BRP-CAN-AM-SPYDER_W0QQitemZ230195468026QQihZ013QQcategoryZ671 9QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

I am not in the area or I would be in the store. If I was next in line I'd be furious.

I'm going to call HDQ in Montreal and see if I can talk to somone about this and the other "Breach of Contract"

[Way2Fast]

It seems like so many dealers think that they are above the law. I contacted the dealer, Central Florida Powersports where I have my deposit, this morning and finally got to speak to the evasive "Top Cat". I offered in good faith to settle this matter out of court. I was even willing to pay a few hundred over the contract amount for a quick settlement. The dealer refused to even meet me half way !! Now I have no choice but to let a judge rule on this issue. I intend to warn the members of all the Spyder, watercraft and motorcycle forums where I'm a member, on how Central Powersports conducts business and treats their customers. I'm sure my campaign to reveal the truth about this dealer will result in lost sales that exceed the $$ they were trying to extort from me !!

[bjeffrey]

Phone # (715) 848-4957 This is BRP customer service. I called them but I did not have specific information since this hasn't happened to me ...YET. CS did verify that this was the place to call though. You need a serial # of the vehicle before you call and they may be able to help you with the the Dealership pricing problems.

[Way2Fast]

The dealer "read" my post on this board and called me this afternoon. They agreed to meet me 1/2 way and I'm scheduled to pickup my Spyder tomorrow. While I'm still paying more for it than what was in my contract/invoice, I feel like Central Florida Powersports righted the wrong to my satisfaction especially after reading about the games dealers play and the outrageous prices being charged in other states. Hopefully my relationship with Central Florida Powersports will continue to improve during my Spyder ownership experience.

Richard

[LittleJohn]

The dealer "read" my post on this board and called me this afternoon. They agreed to meet me 1/2 way and I'm scheduled to pickup my Spyder tomorrow. While I'm still paying more for it than what was in my contract/invoice, I feel like Central Florida Powersports righted the wrong to my satisfaction especially after reading about the games dealers play and the outrageous prices being charged in other states. Hopefully my relationship with Central Florida Powersports will continue to improve during my Spyder ownership experience.

Richard


In my opinion, a contract is a contract, and is binding. I really hate to hear when someone agrees to something, then later backs out because theyre not makin as much money as they could be.
Im glad you got it worked out to YOUR satisfaction (after all, thats all that matters in this case), and will be getting your Spyder though! Have fun!

[Way2Fast]

In my opinion, a contract is a contract, and is binding. I really hate to hear when someone agrees to something, then later backs out because theyre not makin as much money as they could be.
Im glad you got it worked out to YOUR satisfaction (after all, thats all that matters in this case), and will be getting your Spyder though! Have fun!



Thanks John !

I picked my Spyder up on Wednesday and trailered it home on a 6x10 open landscape trailer. It's number 83. I'm surprised it has such a low number for the late November shipping date. 1.8 miles on the odometer. I hope the dealer did the brake recall test like they said they did. After I wax and detail it, I'll be taking it on the road. Can't wait !!

Richard

[phillip]

I too am having problems with my dealer, Jacksonville Motorsports, In Jacksonville Fl. Being # 24 in line, I was called and offered a unit for $2000 over agreed price for next day delivery. Told the salesman this was highly unethical and immediately called and spoke with the store owner. He informed me that, "If an order cancelled, they had a "special" deal with the factory to sell the unit off the floor regardless of who was next in line" This delivery deal was only offered to the last four who ordered. I would be very upset if I was the next in line and didn"t get the SPYDER offered to me. Some of these guys, I'm told, Have had deposits since May. I told Andy, the owner, this was crapping on the customer. When I do get my Spyder, they will never see me again.
Whodathunkit? Phillip Thompson

[Derwin]

Man, all of these horror stories have me worried about even ordering one now. I just went to my closest dealer yesterday to place my $1,000 deposit on the new AUTOMATIC model, and he told me the price now went up $1,000 from the price he gave me last week when I spoke to him. I asked him "why?", and he just said that the thing is more popular than they expected. Now I am just wondering if I should even order one at all. They said the earliest I would get it would be August of next year, or September 29 at the latest. But after hearing all of the posts, I am a little worried about this.

PLEASE GIVE ME YOUR OPINION ABOUT THIS. Thanks.

Derwin

[BOHICA]

Me...I would never pay above MSRP! Especially for a product that will be flooding the market in the years to come. I live in TX and placed an order with Jimmy Smith at Pensacola Motorsports 850-456-6655. He called yesterday and asked if I wanted to pick up a Spyder today (original estimated delivery Mar-Apr '08). Jimmy has been great since I placed my order and confirmed our contract would be honored even if I opted to take delivery in Mar-Apr '08. He also guaranteed I would not incur any price increases for the unit or for accessories that I now have on order.
Comments on other forums confirm my impression of Pensacola Motorsports and Jimmy Smith...quality people.
Ken

[Way2Fast]

I too am having problems with my dealer, Jacksonville Motorsports, In Jacksonville Fl. Being # 24 in line, I was called and offered a unit for $2000 over agreed price for next day delivery. Told the salesman this was highly unethical and immediately called and spoke with the store owner. He informed me that, "If an order cancelled, they had a "special" deal with the factory to sell the unit off the floor regardless of who was next in line" This delivery deal was only offered to the last four who ordered. I would be very upset if I was the next in line and didn"t get the SPYDER offered to me. Some of these guys, I'm told, Have had deposits since May. I told Andy, the owner, this was crapping on the customer. When I do get my Spyder, they will never see me again.
Whodathunkit? Phillip Thompson



A senior BRP rep told me that they have no control on who the dealer sells their allotment of Spyders to. Once the dealer receives the units they can pick the order of customers to receive them. No fair for sure !! That's why I think BRP screwed their customers by not keeping a dated list of deposits received and assigning a VIN to each customer in the order the deposit was placed. This would have required more paperwork on BRP's part, but it would have made the whole process "fair" and discouraged the dealer from selling to the highest bidder, regardless of their position on "the list".


Richard

[Way2Fast]

Man, all of these horror stories have me worried about even ordering one now. I just went to my closest dealer yesterday to place my $1,000 deposit on the new AUTOMATIC model, and he told me the price now went up $1,000 from the price he gave me last week when I spoke to him. I asked him "why?", and he just said that the thing is more popular than they expected. Now I am just wondering if I should even order one at all. They said the earliest I would get it would be August of next year, or September 29 at the latest. But after hearing all of the posts, I am a little worried about this.

PLEASE GIVE ME YOUR OPINION ABOUT THIS. Thanks.

Derwin



By August of next year the market will be flooded with Spyders and no dealer will be able to charge over MSRP. BRP is geared up to produce 10,000 units a year. They supposedly have already produced 2,500 units before stopping production to switch over to ATV production. Dealers would love to get deposits from people early in the game, because right now they can fetch higher $$ than they will 9-10 months from now. I wouldn't put a deposit on one now. Wait until next Summer and I bet you will save money.

Richard

[LittleJohn]

Me...I would never pay above MSRP! Especially for a product that will be flooding the market in the years to come. I live in TX and placed an order with Jimmy Smith at Pensacola Motorsports 850-456-6655. He called yesterday and asked if I wanted to pick up a Spyder today (original estimated delivery Mar-Apr '08). Jimmy has been great since I placed my order and confirmed our contract would be honored even if I opted to take delivery in Mar-Apr '08. He also guaranteed I would not incur any price increases for the unit or for accessories that I now have on order.
Comments on other forums confirm my impression of Pensacola Motorsports and Jimmy Smith...quality people.
Ken


Thanks for that heads up. I live in TX and this was where I was lookin at doin my deal when Im ready. I will be sure to mention your glowing recommendation when I do (maybe I can get you a refferall bonus or somethin!).
Thanks again!

[Derwin]

By August of next year the market will be flooded with Spyders and no dealer will be able to charge over MSRP. BRP is geared up to produce 10,000 units a year. They supposedly have already produced 2,500 units before stopping production to switch over to ATV production. Dealers would love to get deposits from people early in the game, because right now they can fetch higher $$ than they will 9-10 months from now. I wouldn't put a deposit on one now. Wait until next Summer and I bet you will save money.

Richard


Wow! Thanks for that "heads up". The ONLY reason I was going to put a DEPOSIT on the bike NOW is because the dealer said I would then be ASSURED of getting one in August. He said if I do NOT put a deposit NOW, then he don't think I will get a bike when they are released. Are you SURE that they will be "flooding" the market in August? If I take your advice and then find out NONE are available, then I'll be screwed!

So, does anyone else have an opinion about this? What should I do? By the way, I found another dealer in Michigan that will sell it to me for the msrp, which is great.

Derwin

[bjeffrey]

I'm in Michigan and have my depsoit with Motor City Power Sports - Bloomfield Hills. After the initial Demo days they were taking $500 REFUNDABLE desposits. I put mine down in Sept and am #7 on their list. My hopes were to get the Spyder in early spring but the info that is coming out I might end up with one by Christmas. I won't know if they are going to mess with the price until they call me and say it's being delivered.

If you can do without the cash, I'd put a deposit down and not take the chance that you'll be calling all over the country trying to track one down. But that's only MY opinion. You may end up with one sooner than expected with a deposit.

[Way2Fast]

If you can be assured in writing with a signed contract, that you will get the unit for MSRP.... or better yet....have the total OTD cost on the contract invoice, then by all means put down a deposit. Even though there will be plenty of Spyders available by mid 2008, I don't see many discounts off MSRP. But the Stealers who try to rape their customers will no longer be able to get away with it.


Richard

[smokster]

If you can be assured in writing with a signed contract, that you will get the unit for MSRP.... or better yet....have the total OTD cost on the contract invoice, then by all means put down a deposit. Even though there will be plenty of Spyders available by mid 2008, I don't see many discounts off MSRP. But the Stealers who try to rape their customers will no longer be able to get away with it.


Richard


Are you still going on this same subject even after you got your bike?
Let it go...go for a ride.

[Way2Fast]

Are you still going on this same subject even after you got your bike?
Let it go...go for a ride.



I was only trying to answer the question posted by Derwin. It has/had nothing to do with the problems I experienced with my dealer. Ummmmm....Maybe you work at "my" dealer....seems possible from your post !!


Richard

[Derwin]

way2fast,

Hey, thank you so much for the advice. I really appreciate your input. I have not decided yet what to do. I may just wait until they come out in August, but I am still afraid that I may not get one at that time if I don't put a deposit down. Well, I have time yet. I will make my decision after Christmas. Thanks again for the help.

Derwin

[x-spurt]

put down a deposit of 2000.00 in mid feb with fun bike in san diego. the only price discussed was msrp. somewhere around nov 1 upon discussing the delivery of my much antisipated spyder I was informed of the 3000.00 upcharge. I have come to find out this is standard for all dealers in this area. I filed a complaint with brp which Im sure is neatly tucked away in their complaint basement. can-am admits to taking a chance with this new product,perhaps they could of honored their first customers who also took a chance by putting down a non refundable deposit on a sight unseen product through a little more involvement with dealer-limited edition customer relation.I picked up my deposit and turned over my 9 month wait to the next person in line who dosent mind throwing their money away.If Im still in the mood I will look into a purchase when the dealers aren't as blest.