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My First Porsche - Could be Lemon ?

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Old 07-19-2017, 11:37 PM
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fast1
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Originally Posted by Katanashi
Not really buyer's remorse when I'm just being wary if other issues will show up and I've only driven 2300 miles. Unless it's due to shortage of spare parts actually made to service the new 3.0 L turbo engines?

For piece of mind I rather not worry about driving on the highway someday and have an issue pop up again.




It's great to hear other opinions from members of the Forum. Even though I know my base Carrera is a great car somewhere in back of mind I'd always worry about another "error" issue popping up when I'm driving. I believe most have suggest I go the Porsche buy the car back route, but I'll think about it a little longer. Thanks fast1, I'm not sure how depreciation is factor and that's not a number I could look up on KBB easily either. But it doesn't hurt that I ask PCNA additional questions either.

Thanks for the input guys! I just never imagine finally getting a 911 and end up with problems. Just my luck LOL.
Here's a link to a site which discusses California lemon law. I suspect other states have similar laws. http://californialemonlawgroup.com/i...-law-attorney/

An excerpt from the site:
in a lemon law claim, if the manufacturer buys your vehicle back, you are refunded for the down payment, all of your monthly payments, your current registration fee, any towing or rental car fees, and your entire loan balance will be paid off in full by the manufacturer. The only amounts that may be deducted from your refund are aftermarket items that were added to the vehicle’s purchase at the time of the sale such as gap insurance or service contracts, and the mileage offset which is a credit to the manufacturer for the good miles on the vehicle before the problems began
Old 07-19-2017, 11:46 PM
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Originally Posted by Archimedes
They offered you $30,000 for your troubles, plus full repair of the car? I'd take that and keep the car.
Keep in mind that this settlement is taxable. After federal, state, and local income taxes are paid, the $30K will be substantially less. In my case the net would be about $16K.
The part of the lemon law payment that is for punitive damages is taxable. The part that is your original purchase price plus reimbursement for repairs (what you are actually out of pocket) is not taxable.
Old 07-27-2017, 07:17 PM
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Katanashi
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Forgot things are taxable, was just weighing the amounts. It's a good thing that I haven't had to pay much out of pocket for repairs but there are requirements in process to be completed before they will accept a buy back.

So in the end decision made after conferring with friends and family. Proceeding with buy back process which probably will take a little time.

Thanks for the inputs again.
Old 07-27-2017, 07:50 PM
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Jay-S
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Originally Posted by Katanashi
Forgot things are taxable, was just weighing the amounts. It's a good thing that I haven't had to pay much out of pocket for repairs but there are requirements in process to be completed before they will accept a buy back.

So in the end decision made after conferring with friends and family. Proceeding with buy back process which probably will take a little time.

Thanks for the inputs again.
Hope to see you around here soon (for a longer stay!).
Old 07-27-2017, 08:39 PM
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Originally Posted by Jay-S
Hope to see you around here soon (for a longer stay!).
Well won't be in a 911 but I'll be in forum however long completion of process takes. Maybe a Macan i need the boot space, I mean trunk storage space.
Old 07-29-2017, 05:15 AM
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Default Time to Lawyer up my friend!

I would demand 50 grand settlement.

Have them fix all outstanding problems.

Then sell the car for what you can get.


Then maybe buy a 2nd hand Porker.
Old 07-29-2017, 11:01 AM
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Originally Posted by fast1
Keep in mind that this settlement is taxable.
Totally wrong.

Got an IRS code/ruling?
Old 07-29-2017, 12:34 PM
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Originally Posted by fuddman
Totally wrong.

Got an IRS code/ruling?
Really? Why should I cite you tax law since you are apparently the expert.
Old 07-29-2017, 12:40 PM
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Originally Posted by fast1
Keep in mind that this settlement is taxable. After federal, state, and local income taxes are paid, the $30K will be substantially less. In my case the net would be about $16K.
The part of the lemon law payment that is for punitive damages is taxable. The part that is your original purchase price plus reimbursement for repairs (what you are actually out of pocket) is not taxable.
You might want to research that more. Anything that you can document as reimbursement for a 'loss' is non taxable. I'd argue that the entire amount is reimbursement for lost value of the vehicle to you. Been down that road before.
Old 07-29-2017, 02:32 PM
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Chris C.
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Originally Posted by Katanashi
Well won't be in a 911 but I'll be in forum however long completion of process takes. Maybe a Macan i need the boot space, I mean trunk storage space.
I've lemon law-ed one Macan and would have done a second if it wasn't beyond the 18 month window. This week we got 2 new recall announcements. Caveat Emptor on that car - hey we'll sell you our Turbo at a great price!
Old 07-29-2017, 03:15 PM
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Originally Posted by Archimedes
You might want to research that more. Anything that you can document as reimbursement for a 'loss' is non taxable. I'd argue that the entire amount is reimbursement for lost value of the vehicle to you. Been down that road before.
A lemon law settlement is not taxable, since it is only recovering something you lost. However, if the settlement exceeds the basis of the property then that extra amount is taxable.

Suggesting that anyone could write off $30,000 for loss of use, would be reckless advice IMO, especially if a comparable vehicle was offered by the dealership when the car was being repaired. I would certainly consult a tax attorney before I did this.
Old 07-29-2017, 06:53 PM
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Originally Posted by fast1
A lemon law settlement is not taxable, since it is only recovering something you lost. However, if the settlement exceeds the basis of the property then that extra amount is taxable.

Suggesting that anyone could write off $30,000 for loss of use, would be reckless advice IMO, especially if a comparable vehicle was offered by the dealership when the car was being repaired. I would certainly consult a tax attorney before I did this.
Any payment made to you by another party as compensation for loss, tangible or intangible, is non-taxable. I know as I received a similar payment from BMW. It is only taxable to the extent that the payment exceeds his loss and, as such, includes punitive damages. Given the fact that there wasn't even any proceeding involved and PCNA just stepped up and offered him compensation, he could easily claim that this is all compensatory money, compensating him for lost use of his car and diminished value of the car. There is nothing punitive about this payment.

You do know that pain and suffering payments are non-taxable, right? Part of this payment could easily be argued to be compensation for his stress over the car. Add that to loss of use, diminished value, etc., and none of this should be considered taxable.
Old 12-20-2017, 09:22 PM
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Well I forgot to respond, it was an educational read since I'm not 100% familiar what's taxable on the lost of the car. However looking to return to being a Porsche owner again after I'm done with my current lease car since really needed a sporty 4 door that's not as big as a Panamera.

I'm just glad PCNA was able to take it back at the purchase price price so only lost for me is time spent, gas used and paid, and insurance. Oh and not forget the tire & wheel protection as well as service that was purchase with dealership I'm still awaiting for partial refund of those.

Issued Resolved with PCNA in September 2017.



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