Dealer commitment to agreed price.

Ductape

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Equipment
Shopping
Oct 30, 2021
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1
Central Washington
Help me out, I stopped by my dealership today and inquired about my tractor order from this past November. In conversation, my sales rep implied they might not be able to commit to our mutually agreed upon price from this past November, if the tractor takes too long to arrive. Something about the instant rebate for cash discount partially going away. I would hate to think, after committing so much time, they are now possibly raising the price? Does this sound right?
 

William1

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BX25D
Jul 28, 2015
898
122
43
Richmond, Virginia
A signed deal is a signed deal unless both parties agree to cancel or if there is a 'out' for pricing changes after a set period of time. These also typically include the right of the other party to cancel with no penalty.
Long ago, I bought a motorcycle, paid $6K, six months prior to the dealer getting it in stock. Dealer offered me $3K to cancel the deal as there were buyers lined up willing to pay over $10K. Signed deal. Sold it three years later for $2K more than I had paid. Life works out in your favor from time to time.
If part of your deal involved manufacturer incentives, I'd assume the manufacturer is on the hook for them effective of the time of the contract signing. It is their fault/responsibility to make the machine available to the dealer, unless the incentive says 'applicable only to in on hand dealer inventory'
 

ajschnitzelbank

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Aug 24, 2021
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I ordered my L4701 last August. It came in a couple weeks ago (except the backhoe, still waiting for that). They honored the price and 0%/84mo. financing, both of which have changed for new orders placed today. Hope you have the same luck.
 

Goz63

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Kubota L2501, LA525 loader, QH15,Land Pride RCR1860, BB2560, SGC0660, forks
Jun 19, 2021
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I know when I bought mine last year my dealer told me they couldn’t do the committed rebate and financing options until they had a serial number from the tractor. So I got sort of the same answer as you. I was able to get the tractor before they changed to rebates and financing options so I don’t know actually would have happened if it had taken a lot more time.
 
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GreensvilleJay

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BX23-S
Apr 2, 2019
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Greensville,Ontario,Canada
re: my sales rep implied they might not be able to commit to our mutually agreed upon price from this past November,

OK WHAT does the CONTRACT say ?????? I assume you do have a 'piece of paper', signed by both parties that clearly states the purchase price and a LOT of fine print aka Terms and Conditions ??
BOTH parties MUST follow the T&C of THAT contract,unless BOTH parties agree and sign off on ANY and ALL changes to the original contract.
 
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hodge

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"mutually agreed on price"- does this imply that you have a gentleman's agreement, but not a signed contract?
 

DustyRusty

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BX23S
Nov 8, 2015
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Talk to the dealership owner, not the salesman. The salesman might be trying to back out of the deal to sell it someone else for more money.
 
D

Deleted member 47704

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Tractor dealers are now taking lessons from car dealers, they are putting ADM on top. :ROFLMAO:
 

ctfjr

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Dec 7, 2009
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Tractor dealers are now taking lessons from car dealers, they are putting ADM on top. :ROFLMAO:
The first time I ran into the ADM. . . the dealer at least had the balls to call it right, ADP - additional dealer profit.
 

motionclone

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Help me out, I stopped by my dealership today and inquired about my tractor order from this past November. In conversation, my sales rep implied they might not be able to commit to our mutually agreed upon price from this past November, if the tractor takes too long to arrive. Something about the instant rebate for cash discount partially going away. I would hate to think, after committing so much time, they are now possibly raising the price? Does this sound right?
If the agreement is in writing they should honor it. If not, i dont blame them one bit for raising the price up. Business costs just went WAY up over the last year, no reason they should have to eat that.
 

SDT

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multiple and various
Apr 15, 2018
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SE, IN
Help me out, I stopped by my dealership today and inquired about my tractor order from this past November. In conversation, my sales rep implied they might not be able to commit to our mutually agreed upon price from this past November, if the tractor takes too long to arrive. Something about the instant rebate for cash discount partially going away. I would hate to think, after committing so much time, they are now possibly raising the price? Does this sound right?
Sounds to me like your dealer is trying to see if you will roll over or create a problem.

If you have a written contract signed by both parties common law and/or the UCC requires that such be honored for a period of time specified in the contract or a "reasonable time" if such time is not specified.

That said, if either party decides to dishonor such contract, the only remedy is legal action which would likely not be cost effective.

Note: Absent out of court settlement, courts rarely enforce specific performance so a successful suit would almost certainly result in damages ($$$) rather than a tractor at the price agreed upon in the contract.

SDT
 

Ductape

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Shopping
Oct 30, 2021
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1
Central Washington
Thank you all for your responses. I have a printed and signed sales quote that was used to place the order with Kubota. Doubt this is a legal binding document, but it is what they wanted from me at the time of ordering so they could move forward with the order.
 

DustyRusty

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BX23S
Nov 8, 2015
1,857
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North East
It is probably more up to Kubota than the dealer as to if it will be honored. If Kubota values the dealer relationship, they will deliver the tractor to the dealer at the price that was in effect on the day of order, not the day of delivery. It can go either way, depending on the relationship between the dealer and Kubota and the person who placed the order. My guess is that Kubota will do the right thing and will deliver the tractor at the ordering price, rather than the prevailing price. Speak to the dealership owner or general manager to get a feel for how this will work out.
 
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