Cancelling Ordered Items

That part I bolded, IMO, alters the original commitment.

You signed up for a given price for a given item.

You don't say what "large" means ($100?  $200?  $500?), but that in my eyes calls the whole deal into question.

If I sign up for a pre-order for $500 for an engine, and I hear from my dealer that it's actually going to be $800, the deal is probably off.  (I know there have been a few cases of misprinted catalog prices over the last few years, but I think the companies that had that issue issued a correction with apology before pre-orders were actually due)

Luckily, I think you hit on a very uncommon scenario here, unless it's common in the world of brass and I am just not aware of it.

-Dave

Sign of the times...A CONTRACT IS A CONTRACT!  These may be toys, but a few of you are treating this like a game.  It's not the dealer's problem if a hurricane blew your house down or if you lost your job, or you had to pay for Aunt Alice's implants.  Don't order if you are a paycheck-to-paycheck guy.  Try being on the other end!  If you are honest with yourself, there are more real reasons you are stiffing your dealers.

Pre-orders are handled differently than regular orders by some businesses because the subject matter of the contract is not even in existence in the marketplace at the time of the pre-order, and may not be for a time beyond the contemplated date.  You are entitled to a return of any deposit if the item is not available at the time announced.  Nobody can keep your money indefinitely on a pre-order if the contract cannot be performed.  Most pre-orders are only an invitation to purchase once the item is available, and so a binding contract has not been executed until the subject matter of the contract is available for sale.  Many times on pre-orders no deposit is ever taken anyway, and if there is a deposit, it is refundable if the dealer cannot fulfill the contract.  It's like buying a car:  If you pre-order a car to be delivered at a certain time and pay a deposit, but the car does not arrive at the given time, you are entitled to a return of your deposit, unless you agree to the delay.

I might add that on mail order sales, there are specific federal and state consumer protection laws and regulations describing time limitations on the fulfillment of those types of sales.  Unless the consumer agrees to a delay, the consumer is entitled to a return of his consideration.  In situation where there is no time period stated, there is a 30-day period to fulfill the contract under most laws.  The state attorney general's office has jurisdiction to deal with these types of consumer complaints.

Of course, this entire discussion is somewhat moot if you're ordering from a dealer who has a very lenient pre-order/cancellation policy.  That's one of the benefits of dealing with larger shops, where the occasional cancellation doesn't even register on their radar screen.

I'm not suggesting that cancellations be done lightly or that folks abuse a dealer's lenient cancellation policy, but critical stuff happens in life.  And that's perfectly understandable.  All these posts about pre-orders being a contract reminds me of talk show co-hosts trying to speak the most politically correct commentary in search of audience applause (i.e., showing signs of agreement).  But practically speaking, equating a pre-order with a binding contract is a bit over the top IMHO.  

As with all things in life, the landscape runs a broad gammut.  So try to gauge all the T's & C's going in.  Some dealers require no pre-order deposit (aside from keeping your credit card number on file) and have no cancellation penalties.  On the other end of the spectrum, some dealers may require a non-refundable / non-transferable deposit.  And there are a blend of both ends in between.   All are perfectly legitimate, so understand the dynamics up front as much as possible.

If you think there's a possibility that you'll need to cancel... or perhaps switch an order to something different, then simply order from dealers where it's not gonna be an issue.  Very simple.

David

Hey Mountaineer...spare the applause...send me some LCT Standard Gauge when you start on a new binge. GO ORIOLES!!!

I do love supporting the sponsors on here but also still like to give the $$ to my LHS when possible. I currently have the S Gauge Polar express on pre-order.  This was done over the phone old school style.  I asked he said this is how much I said okay do you need a deposit and he said no.  I imagine the repercussions if I were to cancel and he was stuck with it would be losing the ability to do business with him.  

There are always things that come up in our lives.  Loss of a job or other financial hardships are commonplace. Hopefully the dealer will allow some latitude but it is also easily understandable if it is an item that they will never be able to sell otherwise.   

I canceled an order once in my life. It was for the Lionel Tin Plate double track engine house with auto doors that came out in the mid nineties. When I saw it on display it was so flimsy looking I asked Chris at Nicholas Smith if I could put the deposite towards something eles and he agreed. I never regreted that move.