who has paid ADM for a GT2RS allocation
10-14-2017, 12:03 PM
#76
Drifting
Thread Starter
notice how Ford doesn't seem to have problems with the GT sales, perhaps something to learn here, i certainly won't be buying an RS. The games turn me off completely. Its why I didn't even look at a 350R. It looks like no-one is admitting to paying the huge ADM mentioned out there, perhaps its wise to see how many they will build, perhaps enough to put a dent into VAGs fines?
10-14-2017, 12:20 PM
#77
SJW, a Carin' kinda guy
Rennlist Member
Rennlist Member
Based on your name, are you a lawyer? The measure of damages would be pretty easy to establish. Call a bunch of dealers and find some with a GT2RS allocation and see what the ADM is and pay the lowest you find that and there are your damages. You probably would not even have to buy the replacement car to establish those damages. The ADM ask could also be a measure of damages could also work. Or what the dealer received in ADM. This all assumes a valid and enforcable contract.
The interesting question isn't whether the letter you have is a legally enforceable agreement (it is, regardless of whether it's notarized or not, in fact the notary is ostensibly worthless).
The more interesting question is what your remedy, or legal recourse, is if the dealer breaches that contract with you.
Say, the dealer says, "Sorry, bud, if you want an 2RS, you're going to have to pony up an ADM." Then what? You sue for breach? This creates several issues for you, not the least of which is (1) are you going to hire that lawyer you know for 500/hour to litigate this? For damages that will probably not amount to $100k (more on that later); (2) what are your actual damages? It's certainly not an actual 2RS, or even a 2RS at MSRP because you as the wronged party in a breach of contract suit has a duty to mitigate damages. So, if that bastard of a dealer offers you a GT3 RS, or another similar 911 (even a Carrera), you'd have a duty to mitigate your damages, which is essentially the difference between what you reasonably should have taken as a substitute offer from the dealer to what you would've expected.
So, I ask again, what real legal recourse would you have if the dealer breaches?
Come here on RL and bitch about them? Go to Jalopnik and shame them on social media?
Or would you really want to hire an attorney and litigate? (Because this is out of small claims court given the amount at stake.)
The more interesting question is what your remedy, or legal recourse, is if the dealer breaches that contract with you.
Say, the dealer says, "Sorry, bud, if you want an 2RS, you're going to have to pony up an ADM." Then what? You sue for breach? This creates several issues for you, not the least of which is (1) are you going to hire that lawyer you know for 500/hour to litigate this? For damages that will probably not amount to $100k (more on that later); (2) what are your actual damages? It's certainly not an actual 2RS, or even a 2RS at MSRP because you as the wronged party in a breach of contract suit has a duty to mitigate damages. So, if that bastard of a dealer offers you a GT3 RS, or another similar 911 (even a Carrera), you'd have a duty to mitigate your damages, which is essentially the difference between what you reasonably should have taken as a substitute offer from the dealer to what you would've expected.
So, I ask again, what real legal recourse would you have if the dealer breaches?
Come here on RL and bitch about them? Go to Jalopnik and shame them on social media?
Or would you really want to hire an attorney and litigate? (Because this is out of small claims court given the amount at stake.)
10-14-2017, 07:24 PM
#78
This is where it gets tricky. Committing to MSRP is only step 1 of 2
(a) Is it written on your agreement that you get his #2 allocation (or #2 car)? In which case, a very strong commitment to you.
Or,
(b) has "someone" only said you you're number 2 in line? Not so strong commitment to you. Some wiggle room for them in this one.
At this point, it sounds like they would like it to happen.
I hope you get it.
(a) Is it written on your agreement that you get his #2 allocation (or #2 car)? In which case, a very strong commitment to you.
Or,
(b) has "someone" only said you you're number 2 in line? Not so strong commitment to you. Some wiggle room for them in this one.
At this point, it sounds like they would like it to happen.
I hope you get it.
I'm not a lawyer but spend about $10m per year on top tier law firms ($1250+ an hour). We were in court seeking an injunction on something a few weeks ago and generally see a few litigations or threaten litigations a year.
10-14-2017, 10:29 PM
#79
Please understand - I would never seek legal remedy to own a car the dealer says, in so many words, I can't have. Let him keep his car and I'll keep my $350K. Not so bad, don't you think? I mean, it could end up being a blessing in disguise for me!
10-16-2017, 05:25 PM
#81
Rennlist Member
I don't get it.
The R wasn't worth more then the GT3 manual and that was at least numbered, not that I care.
The GT2RS isn't worth more than the sum of its TTS and GT3RS parts... $225K. never mind $300K, never mind over sticker..
I'm just stumped in a poor mans state of mind.
The R wasn't worth more then the GT3 manual and that was at least numbered, not that I care.
The GT2RS isn't worth more than the sum of its TTS and GT3RS parts... $225K. never mind $300K, never mind over sticker..
I'm just stumped in a poor mans state of mind.
