Suggest you call Allen a respected Jaguar Tech writer at West Palm Beach Jaguar and have him explain directly what the problem was and how they are handling it. West Palm Jaguar is highly respected and one of the biggest in the Southwest.

If you signed no contract to purchase the car, do not accept delivery and get a your funds back. If they don't deliver the car, and you have not placed your original signature on any legal documents, the Bentley dealer has no recourse but give you your funds back. Also have they started the process to have the car registered in your name. Have you paid sales taxes on the purchase?

 

DGL,

I am amazed that Braman didn't require you to sign a contract. Did you buy it over the internet? If so, you may have electronically signed a contract without realizing it. Click on this link: http://www.garage.com/resources/refe...t_newlaw.shtml

Even if Braman says nice things to make you think they changed their attitude, the reality is that they have your money and expect to never see you again because they're in Florida and you're in Canada.

How long will it be before the car is repaired and delivered to you? In the meantime, why should they have all of your money? Why shouldn't you hold on to your $80+K and keep it invested until Braman is ready to deliver the fully functional car to you? You can give them a much smaller deposit to hold the car for you with the balance due on delivery. And what happens if Braman were to go bankrupt in the meantime? You could be out both your money and your car, just because you're a nice guy and want to avoid a mess.

You said you may close on the deal to avoid a mess but, whether you realize it or not, you're already up to your a$$ in alligators, as they say in Florida.

What to do next, of course, is up to you.

Stuart

 

I'm more frustrated now with how the dealer rubbed me the wrong way. The sales manager had no people skills, no compassion and was very impersonal. He told me it was his month end and wanted the car off the lot to help his numbers. What a f...g ***. It just sours the whole deal and makes the problem with the sat update seem even worse. A new car purchase should shine in ones heart for many months. Braman took the shine off this deal even before my heart started beating.

 

Bottom line comes down to.... did you sign any legal documents. Whether it's month end or not you really shouldn't give a sh.t about the salesman. It's your hard earned cash. I know I wouldn't put up this treatment.

If you signed documents then your probably SOL.

 

No documents signed. Just a bill of sale emailed to me.

 

I just checked eBay and there is a current, open ad from Braman Motor Cars of Palm Beach for a 2013 XKR coupe with 254 miles in Ultimate Black with Ivory seats. The auction doesn't close for almost 2 days from now. If this is your car, Braman does not consider it to be sold even though they have your money.

Here's the listing: Jaguar : XK XKR S/C *MILES:254 *NAVIGATION in Jaguar | eBay Motors

 

Perhaps, but not necessarily so... that's why lawyers exist. Is there an enforceable contract where DGL expected X but didn't receive it? Was there a "meeting of the minds" of Buyer and Seller?

 

That's the car.

They have ads all over the internet. I mentioned this to them and they tell me they took it off the market for me last week. They said they were holding it for me. BS. They just received the funds this morning. This is what bothers me most. The lies. The lack of business ethics. The hard sales attitude. It just stinks... They had the car since March. Had it originally advertised at $92,000. Reduced the price on July 16th to 82,888. Further reduced the price to $78,888 which is when it got my interest. Even though it appears to be a good deal at 300 current miles the update problem was unexpected and the lack of professionalism rubbed be the wrong way.

 

Continuing to advertise your car is even more reason to get a lawyer ASAP and get your money back.

You can't rely on anything they tell you; although you don't realize it, there is probably a valid contract that you signed electronically when you bought the car that provides, among other things, that all oral representations are superceded by the written terms of that contract. So anything that anyone at Braman tells you isn't worth the breath upon which it was spoken.

You have over $80K at risk with nothing other than Braman's word as reassurance. They mistreated you once; what makes you think they won't continue to do so? Are you willing to wait 6 months or more to receive your car? What if it has more miles on it or is damaged while in Braman's possession?

They sent you a Bill of Sale, which means that legally you own the car, even though it is not in your possession. Do you have it fully insured? This deal is a disaster waiting to happen the longer the car is not in your possession.

The longer you wait to get legal help, the more difficult it will be for you to protect your interests since Braman can argue that your inaction is implied consent.

The deck is stacked against you and Braman holds all the cards, at least for now.

As I said earlier, what you do next is up to you.

 

No Florida sales tax is due if the buyer takes delivery outside Florida.

But if an out-of-state buyer picks up the car locally from the dealer in Florida, then Florida sales tax is due.

Usually, the state/country in which the car is titled/registered levies a sales or use tax or equivalent at that time.

 

This is how it is going to end (one of two ways):

I will call a West Palm Beach attorney tomorrow to discuss the remedies, if any, available to me.

1. If there is a simple and clear remedy available based on a simple application of the Florida used car law to terminate the sale, I will exercise my right to use the law to terminate the sale. ie. no documents signed, 72 hours buyer remorse after receiving funds, car still on lot, etc.

2. If there is not a simple remedy available I will get the car and enjoy it for what it is.

I'm not going to sweat over this anymore. Life is too short. I will not, as some have suggested, get even and waste more time and money. It is a great car regardless of the botched software update and hard sales attitude of Braman Bentley. Sometimes it is not the product that is the problem but the way people sell it and try to push a sale that becomes the problem. In this case the botched software update and how Jaguar dealt with it was a big concern for me for a new car and I needed to step back and take a fresh breathe of air. The sales manager of Braman Bentley pushed me over the edge.

 

Bought my car in Florida May 24th, 2013. Dealer gave me a choice. They could collect the sales tax on the sale at the NM sales tax rate which is 3%, and they would report the tax to the NM Dept of Motor Vehicles, and they would register the car for me, or I could have the car delivered, and then have it registered in NM by myself directly.

I choose to have the car delivered via interstate carrier (Unique Car Transport) and register the car myself. I did this as I wanted to make sure that the car was registered the way I wanted it registered and that I paid the taxes and received the NM license plate immediately, once I drove away.

All I needed was the Bill of Sale and made sure the car was insured before paying the sales tax, registration fees, and license plates. The NM DMV also inspects the car and verifies the VIN.

BTW: I found the cost to insure the 2009 Jag XKR was very reasonable, and was quite surprised at the annual premium paid.

 

DGL...if he emailed you the bill of sale, and you signed anything "in your home" you can use the buyer's remorse law in Florida, at lest according to this attorney...

http://www.justanswer.com/law/1cx5n-...cool-down.html

 

I have to say, I'm always a bit leery of looking at stuff from a non-franchise dealer (well, not franchised for the particular marque). They have no skin in the game - you won't be coming back to them for servicing or your next car, they just want to flick off a lot-blocker that doesn't fit their profile. You're paying a dealer price, with the only benefit over a private sale being a warranty of some kind. But I guess I'd do it for the right car, and that package certain looks like a good one.

Anyway, whichever way it pans out, it looks like you'll be comfortable with the outcome. Plenty more cars out there if you are able to cancel, a good car if you can't.

 

lLesson learnt:

Always get to know, when buying a car from a deler, who the dealer and the salesman are by asking questions and making offers. Before I came across this car I was negotiating to buy an 2013 used XKR-S. The sales lady was elusive and never disclosed the full details of the car. The front cabon fiber splitter was painted on the sides and front by the dealer. The advertised pictures showed the car before they painted it to cover the damage. The on only way I found out about it was to have them take and sent me detailed pictures which she reluctantly did only after emailing the GM. She also lied about the previous owner saying it was a lady who found the car too powerful. In my email to the GM I asked who the previous owner was (smoker/nonsmoker, lady or man, age). He replied with nonsmoker, man in his mid 50's). I stop negotiating and could not deal with them any longer. They are a Maserati Ferrari dealership in the Dallas Fort worth area of Texas. The car is still advertised at $104k.

The car at Braman only has 300 miles. So, I thought I was safe regarding the condition of the car. Car dealers add no value to a car they are only interested in your money and when they get it you mean nothing to them.

This is the link to the 2013 XKR-S with the painted carbon fiber splitter with advertised pictures showing the car before it was painted:
http://www.autotrader.com/cars-for-s...50374455&Log=0

 

This makes me sick... I will never buy a used car or give money for a used car I have not seen and driven!! Braman Bently can shove it themselves!!!! Never will I do business with them!!

 

DGL, I think you are being unfair when you call Braman Bentley dishonest. What exactly have they done that was dishonest?

As I understand it, they were trying to please you by doing a reprogramming of the touch screen/computer, and in doing so, they messed up. They were up front with you about having to ship the unit out because it cannot be repaired in house. There are probably no replacement units in the US. Their story has been somewhat corroborated by other Jaguar technicians that frequent this board.

Then you are surprised when you've already wired the money and they won't send it back when you DEMAND for it. How ridiculous do you think that sounds from their end? Guy buys car, wires the money, asks for flash update, you agree to do the flash update, oops you messed up--have to send the part out to be reprogrammed at no cost to the buyer, buyer suddenly says I want my money back--this car is a lemon!

If your skin is this thin, I can't imagine what it might be like when you actually have a real problem with your car (XKR, GT-R, what have you) and the dealership is of no help but still takes your money anyway. (It has happened to me many times before with Mazda, Lexus and Jaguar, so dealer problems are not just limited to one brand.)

And why on earth are you bashing the condition of the car? As far as you know, the car is in perfectly good condition. This screwup of the computer could've easily happened on ANY XKR and has nothing to do with the car's condition.

Sounds to me like you're being an intentionally difficult customer, and now you have an agenda to bash this dealership for no good cause.

 

Varies - I bought mine from Guy Salmon Jaguar in Coventry (close to the mother ship!), though I live in London. When I had a couple of minor issues, I took the car to a north-London Jaguar authorised service agent, N1 Service, which was less than stellar:

• Claimed the service light had "just come on", a week after the car had been serviced by Guy Salmon
• Tried to charge me for refilling the aircon system when it was clear the system had been empty on purchase
• Failed to diagnose the actual aircon fault (leaking condenser), necessitating another visit.

Though Guy Salmon will probably never see me again, their sales guy was very helpful in getting the London team straightened out and everything was resolved (reasonably) satisfactorily. So, dealers are a mixed bag; some are good folks, some aren't. Same goes for service agents, I won't be going back to N1 once I'm out of warranty.

 

Me too after picking up the xkr and getting a transfer box problem after driving 500 yards, i asked if we could reverse the sale, it is all your right to think this way, they should have done this before and provide you with a service free of problems. And it is again more frustrating when this happen to a non jag dealer so i can understand you perfectly, either way i think you will be very happy wit the car too, its a lot of tension buying car nowdays, keep the faith even if they are closed and do not want refund you, me too, they did not even responded me when i asked...but I do not regret at all. I know they are lazy to fix things and they assume the car is perfect when it has low mileage, it was a true mileage i am sure of this.

and before i bought this xkr in Le port marly I went to a dealer in spain he had all the last ferraris, definalty a bad place all the time with these cars and he showed me a 2009 xkr , it was said it was like 30000 km, but the center console look like a crocodile leather , it was such in bad shape i will have think the car was 150 000 km and i told them and left.

 

Option 2 is the winner. I never expected the dealer to give up the easy money without a lot of drawn out legal work. Once they had my money my faith was decided and they knew it.

I'll still enjoy the car all the same. These were the issues:

1. The dealer should have had the car ready for sale from the start without having to experience my new car being dismantled and repaired. The car went to the Jaguar dealership to have the day time running lights switched on. It ended up being taken apart with the parts shipped across the country because of an open campaign item having to do with a simple radio.
2. I thought I would not have a problem getting a certified jaguar extended warranty on a 300 miles from new car. To be eligible for the extended warranty Jaguar has to sell the car. It's their car with only 300 miles on it? Give me a break.
3. The sales manager was a real dick and very impersonal. On the other hand the salesman wasn't too bad.

The parts have not returned from New Jersey yet I have my fingers crossed everything from here on in will be fine.