Another GT4RS on BAT
#31
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First-sale doctrine in a non-copyright context.
Yep. Should be allowed to complete sale. But, then dealer/PCNA has the right to remove seller from consideration for future sales.
That might be more effective than killing auction.
IMO, making a habit of flipping cars at a big profit paints a target on the flipper. Flippers don’t add value to the process. They are simply the TicketMaster of the automotive world and as such will deservedly attract ire.
Yep. Should be allowed to complete sale. But, then dealer/PCNA has the right to remove seller from consideration for future sales.
That might be more effective than killing auction.
IMO, making a habit of flipping cars at a big profit paints a target on the flipper. Flippers don’t add value to the process. They are simply the TicketMaster of the automotive world and as such will deservedly attract ire.
Regardless of PCNA/Dealer reflagging this BaT listing by informing the seller of being placed on the black list… don’t you feel that his preferred dealership (or others) won’t offer him another GT, or other allocations provided his current track record? His present moves have been made, and he should be flagged as a potential “flipper” regardless of the sale of this GT4 RS completing.
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#32
Drifting
Correct. Porsche will never tell a dealer what to do ADM wise. And private sellers can ask what they want on BAT. BAT is not required to pull anything down. US price fixing laws are strict and protect the owners of the product. Whether it’s a dealer or a consumer. Speedy is right, the recourse is simply blacklisting that individual from buying again.
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#33
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#34
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Regardless of PCNA/Dealer reflagging this BaT listing by informing the seller of being placed on the black list… don’t you feel that his preferred dealership (or others) won’t offer him another GT, or other allocations provided his current track record? His present moves have been made, and he should be flagged as a potential “flipper” regardless of the sale of this GT4 RS completing.
By the same token, the dealer should also be able to refuse sell a product to someone.
So, I think the BaT-er should have been allowed to sell the car and that the dealer should have put him on a no-sale list if they wanted to. Whether or not either approach leads to fewer flippers is a matter of opinion or data collection.
Perhaps we want the government to control prices. 'cause that always works out.
Tough to figure out ways to "make it fair" that don't lead to unintended consequences.
Obviously, we'd just like PAG to make more of them so that supply approaches demand, but that's not going to happen, largely, in my opinion, due to EU (and US) anti-ICE regs.
EDIT: I had to sign no-export agreements for the last two new Porsches we bought. Perhaps a legally-binding right-of-first-refusal document is a means to control the flippers. But, IANAL.
Last edited by worf928; 03-03-2023 at 04:47 PM.
#35
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I agree with the comments that say the end user (or anyone) should be allowed to sell thier car for whatever price it fetches in a free, and open market place. Period. BAT has proven to be one of the most open and transparent marketplaces ever conceieved. When you buy something, with no strings attached, you have every right to sell it for whatever the market determines its worth at that moment in time. But, maybe or (perhaps likely) there were strings attached.
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Mr. Adair (03-04-2023)
#36
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I think people are misconstruing what happened here. The seller had every right to sell the car for whatever he wanted and Porsche could not stop that. What Porsche said was; if you do, you won’t receive any future allocations. The seller then weighed the pros and cons and decided not to sell. Porsche did not force him or BAT to withdraw, they laid out the consequences if he did follow through and the seller decided to end the auction.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
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#37
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Thread Starter
I think people are misconstruing what happened here. The seller had every right to sell the car for whatever he wanted and Porsche could not stop that. What Porsche said was; if you do, you won’t receive any future allocations. The seller then weighed the pros and cons and decided not to sell. Porsche did not force him or BAT to withdraw, they laid out the consequences if he did follow through and the seller decided to end the auction.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
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#38
Three Wheelin'
Might as well go through this list & blacklist all the 1st owners while porsche is at it:
https://www.cargurus.com/Cars/invent...earch=95476726
https://www.cargurus.com/Cars/invent...earch=95476726
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Mr. Adair (03-04-2023)
#39
Porsche is aware of what’s going on. I was put on a secret warning list by Porsche as a possible broker because I was buying so many cars! When dealer gave me most recent allocation it triggered this warning to consider not selling me the car. My dealer contacted Porsche and had me removed from this warning system because I buy all my cars at same dealer and trade them back in as well. but it shows that Porsche does know and is trying to do something about it, so it seems. But suspect most dealers won’t care if offered big adm
#40
Correct. Porsche will never tell a dealer what to do ADM wise. And private sellers can ask what they want on BAT. BAT is not required to pull anything down. US price fixing laws are strict and protect the owners of the product. Whether it’s a dealer or a consumer. Speedy is right, the recourse is simply blacklisting that individual from buying again.
#41
I think people are misconstruing what happened here. The seller had every right to sell the car for whatever he wanted and Porsche could not stop that. What Porsche said was; if you do, you won’t receive any future allocations. The seller then weighed the pros and cons and decided not to sell. Porsche did not force him or BAT to withdraw, they laid out the consequences if he did follow through and the seller decided to end the auction.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
Porsche did not have the right to stop him from selling the car. Porsche does have the right to not offer him any future allocations. Not saying it’s right or wrong but I don’t see any legal nor anti-free market issues at play here.
My personal 2 cents, when you charge ADM's it's fair game what you do with the car, including selling it on an auction site.
Basically ADM is an auction anyway to see whoever will buy it for that price, there is no loyalty involved, so what loyalty should you owe the brand?
Car for RRP, total different story. That is a loyalty and list situation for both parties.
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kwikit356 (03-04-2023)
#42
Of course anyone should be able to sell their belongings for whatever price he can get, without fear of repercussions from anyone. I suspect this seller won’t get an allocation for any high end Porsche going forward anyway.
PCNA should adopt the European way of doing business and deny the mark-up by dealers.
PCNA should adopt the European way of doing business and deny the mark-up by dealers.
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usctrojanGT3 (03-04-2023)
#43
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Of course anyone should be able to sell their belongings for whatever price he can get, without fear of repercussions from anyone. I suspect this seller won’t get an allocation for any high end Porsche going forward anyway.
PCNA should adopt the European way of doing business and deny the mark-up by dealers.
PCNA should adopt the European way of doing business and deny the mark-up by dealers.
#44
Simple - if you sell your GT4RS not back to the dealer you bought it from allowing them to sell it again they will not give you anymore allocations. I get it. These cars are super limited and they have the power to sell who they want too. They can track who’s ever VIN. Now having said that if they charged ADM then it is my feeling that they really are double dipping. Reasonable expectation for a list price sale though.
#45
Simple - if you sell your GT4RS not back to the dealer you bought it from allowing them to sell it again they will not give you anymore allocations. I get it. These cars are super limited and they have the power to sell who they want too. They can track who’s ever VIN. Now having said that if they charged ADM then it is my feeling that they really are double dipping. Reasonable expectation for a list price sale though.