robmypro

mooty

i understand that sometimes dealer do not know how many they will get. but...

1. at monterey porsche, they refunded ALL GT3 deposit and they told me for $30k, i will get one. that is not right
2. if paul miller didn't get as many as expected and thus refunded OP that's ok. BUT THEY NEED TO CALL the customer and explain. you cannot just refund it and avoid the issue. its like you ordered a cashmere suit in blue. they ran out. so they just give you a red suit or give your money back can call it a day.....

Archimedes

It's not a contract. Unless you had a signed purchase contract, executed in a state where such is enforceable, you just had a deposit to demonstrate your interest in getting a car. Unfortunately, lots of people place deposits and never get a car.

mooty

^ that sucks i feel the pain for the OP
and usually spending money should be fun

OldGuy

I GOT that the OP gave them a check TWO years ago and was PROBABLY #1 on the list. I cant imagine him not being #1 or #2 TWO years ago. I think what he was thinking, they are going to add a HUGE ADM and they cancelled their agreement with him.

I just read today and I think it was Andy Preuninger who said that Porsche is going to monitor customers who are flipping cars, especially through the dealership. AND dealerships who go ADM. I dont know what they are going to do about the dealers but they can blacklist a customer.

I guess AP is saying it because its mostly the GT cars with the issue. It will be interesting to see what happens. A car is a depreciating asset and shouldn't be hoarded just so someone can make a quick buck. Thats why Porsche came out the the Touring GT to cut into those flipping the R.

But watch out what you say here. I just got an email from the salesman who failed miserably on my local deal with attachments from Rennlist with my comments about that dealership.
Kind of creepy isnt it?
Mooty thats just not right, Add Monterrey with Carlsen. At least we can publish that stuff here. But they are probably copying down everything we say about them.

Psup4s

I heard dealers will require a 1.5-2 min year loans on gt cars in order to minimize flippers buying cash and making a profit

OldGuy

Can you elaborate? Like a 2 year financial contract?

robmypro

Psup4s

Yes, a binding contract. Of course this might be dealer discretion.

17bhub

If they cashed YOUR check - contract. A contract will be formed by providing proper consideration (your deposit) and they will have accepted by cashing. (By the way even $1 is enough to satisfy the necessary consideration). However, if you proceed to cash the check (presuming it is drawn on their bank) they sent you - they will claim a defense of something called an Accord and Satisfaction (I'll spare you the details) but you'll lose - so don't cash if you want to take up the fight with a good Contracts Attorney in your local area. If you go this route - I'd immediately protest the check in writing and get your attorney going. Since the Steelership (Liarship) is considered a Merchant they will have a higher standard to maintain in contract law than traditional contract language. There will be very little wiggle room for themselves. On the other hand if they did not cash YOUR check no consideration - no contract unless you have evidence of a deal in writing with some very elementary terms. One email, text, etc. that entails what you guys agreed on (example "Deposit for 1ea 991.2 RS" as simple as that) you'll find an agreement. There are some other arguments they can pose under something called the Firm Offer Rule but they will have a struggle winning this argument. Bad part is you may have to spend a few bucks to get an attorney to help you out. Your attorney will need more information.

Gef3rd

erikerik

17bhub

We don't know the terms of the deposit. I think there is a good argument to take the contract outside the statute of frauds using a partial performance especially considering they sat on the money for two years. However, the offer seems to exist otherwise the OP (unless of course the OP went to the dealership and dropped off a check making him the offeree the power of acceptance lies with the dealer. The consideration is present presuming the dealer cashed his check thus both parties experienced a benefit and detriment of the deal - Steelership - gave one 991.2 GT3 RS for the benefit of OP's money and vice versa for OP.

R.Deacon

The OP is no flipper , in fact a very keen and capable track fellow who after just a couple of years experience, was amongst the quickest lap times at the Glen last summer at a PCA event , where I learned of his talent and good company , he handily exploiting the benefits of his investment in safety and suspension improvements to his .1 - 3 ; later learned his talent evolved from extensive two wheeled time on track . Guys how would you like open your mail to find a returned deposit on a two year old written deal , on car you are so eager for that, you thought well enough in advance to put your money down . Seems to me pretty lame of PM to not even give a client of such stature a call first . A bit Cowardly and disrespectful to treat a customer in such fashion . were not talking quarter pounders and fries here customer service but I guess the case with PM , not the best way to handle having likely taken to many deposits .
Sorry to hear Bummer

the frustrating thing of it , he would actually drive the car and even on the track
seeing the market with these offered for sale with out even break in miles is evidence of the problem for guys that want to use the car for the purpose they were built .

jackmac

OP,
I think this may have happened to other potential buyers on the list as well. As someone mentioned earlier, perhaps they just do not have enough slots/allocations vs. they have "sold" the slots for a bigger ADM.
Jack