Notices
997 Forum 2005-2012
Sponsored by:
Sponsored by:

Your opinion on my predicament!?

Thread Tools
 
Search this Thread
 
Old 05-20-2010, 10:43 AM
  #31  
machina
Racer
 
machina's Avatar
 
Join Date: Nov 2002
Posts: 339
Likes: 0
Received 1 Like on 1 Post
Default

TK, sorry for all your hassles.

Just wondering why in the world you gave them the 997 now when you could have held onto it for a couple more months.

I understand the tax advantages but a few more months of depreciation on the 997 can't make that much of a differance, can it?
Old 05-20-2010, 10:58 AM
  #32  
ELUSIVE
Rennlist Member
 
ELUSIVE's Avatar
 
Join Date: Sep 2004
Location: Colorado
Posts: 1,883
Received 22 Likes on 18 Posts
Default

Sorry that you're having to go through this.
You need to post the dealership name. This is completely unacceptable and other Rennlist users need to know which dealer this is so that we can avoid it. Just my $0.02.
Old 05-20-2010, 11:45 AM
  #33  
tkids
Pro
Thread Starter
 
tkids's Avatar
 
Join Date: Jan 2006
Location: CO. USA.
Posts: 695
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by machina
TK, sorry for all your hassles.

Just wondering why in the world you gave them the 997 now when you could have held onto it for a couple more months.

I understand the tax advantages but a few more months of depreciation on the 997 can't make that much of a differance, can it?
Remember, it was suppose to be delivered in June. That would have made it one month. You are correct in saying I should have kept it if it was going to be september/october! But, then again...if I gave these nice folks my 5k deposit, I now conclude they would have offered me a ridiculously low price for my trade-in because as soon as they got my 5k they planned on keeping it no matter what?!

My gut feeling was not good, I should have just drove away in my 997 to deal another day at another dealership.
Old 05-20-2010, 11:49 AM
  #34  
Clifton
Pro
 
Clifton's Avatar
 
Join Date: Jun 2009
Location: Earth
Posts: 561
Received 66 Likes on 38 Posts
Default

I'm not sure I can understand all the dealer bashing in this thread. What did the dealer do that was so wrong that the OP didn't freely agree too?

-Did the dealer add the extra wait time to the order, NO.
-Did the dealer force the buyer to hand over a $5K non-refundable deposit, NO.
-Were both the dealer and buyer fully aware that deposit was non-refundable, Yes.
-Did the buyer commit to buying a custom order car, YES.
-Is it possible for production dates to bump up or slide when ordering a Porsche, YES.
-Is it possible that the car could go into production tomorrow, Yes.

Why should the dealer give the deposit back??!!! The buyer customized a build allocation to their liking and committed to buying it with a trade and $5k non-refundable deposit. If the buyer walks, the dealer is stuck with a car that was ordered and fulfilled according to someones else's taste. How is that fair to the dealer?

With all due respect, the OP has unrealistic expectations and needs to man up and stick to his side of the deal. One cannot hold a dealer accountable for unexpected shifts in production. Additionally, the dealer would not intentionally shift the delivery date to dupe the customer. As with all build allocations the buyer and dealer are at the mercy of Porsche manufacturing. I'm sure Porsche has a logical reason for delaying the build and that could ultimately be to the buyers benefit. If anything, there could be hidden wins by hanging on to this deal.

Again, I fail to see what the dealer has done wrong in this case. No one should penalize a dealer or drag their name through the mud for holding a buyer to their commitment.
Old 05-20-2010, 12:24 PM
  #35  
camhabib
Instructor
 
camhabib's Avatar
 
Join Date: Jun 2009
Location: Boston, MA
Posts: 236
Likes: 0
Received 0 Likes on 0 Posts
Default

Clifton, the date of production is as much a "part" of the car as is the color, the options, the base model, etc. Perhaps the OP had a superstition and could only buy cars made in a certain month, maybe he needs it before a certain date for personal reasons, maybe something else. In the end tho, he bought a car with a certain set of specs, and is getting one different then what he ordered. This is no difference between this situation and something along the lines as if the car had been delivered in the wrong color or the wrong options. Sure the dealership isn't the cause of the problem, but they made a contract with customer, not Porsche, and if the dealership has an issue with that, they should work that out with Porsche and not the customer.
Old 05-20-2010, 12:44 PM
  #36  
Clifton
Pro
 
Clifton's Avatar
 
Join Date: Jun 2009
Location: Earth
Posts: 561
Received 66 Likes on 38 Posts
Default

Originally Posted by camhabib
Clifton, the date of production is as much a "part" of the car as is the color, the options, the base model, etc. Perhaps the OP had a superstition and could only buy cars made in a certain month, maybe he needs it before a certain date for personal reasons, maybe something else. In the end tho, he bought a car with a certain set of specs, and is getting one different then what he ordered. This is no difference between this situation and something along the lines as if the car had been delivered in the wrong color or the wrong options. Sure the dealership isn't the cause of the problem, but they made a contract with customer, not Porsche, and if the dealership has an issue with that, they should work that out with Porsche and not the customer.
I respectfully have to disagree. How many buyers walk into a dealer and say, "Yes, I'll have this car, with these options and it is absolutely imperative to the deal that it is built on this particular month".

If that were the case, it would have been specified in the contract like everything else about the car is, i.e., color, options etc. Further, a dealer has no control of the actual build month or week. They get an allocation that is designated for a production month, but that build can't be guaranteed until it actually goes into production. Generally speaking, the build date range does coincide with the original allocation, but not always.

The car may have been sold under the notion it was to be built in May, but that is not what the dealer was selling. Nor was the build date a point of negotiation. Now if a premium were paid the buyer for a specific build slot/month, then I can understand the OP's argument, but that is not the case and the car was actually discounted.

Last edited by Clifton; 05-20-2010 at 01:47 PM.
Old 05-20-2010, 01:54 PM
  #37  
camhabib
Instructor
 
camhabib's Avatar
 
Join Date: Jun 2009
Location: Boston, MA
Posts: 236
Likes: 0
Received 0 Likes on 0 Posts
Default

Clifton, I feel that you are forgetting, a month or two is all that usually separates a "2009" from a "2010", etc. Whether one person or a million people who walk in care about the production date on the car, it is very much a feature. It's like saying just because people walk in and don't care if the car has a certain color trim or not, it must not be a feature.

The dealer has control of NOTHING. They can place the order and take the delivery, but whether the car is made with defects, as ordered, delivered ok, etc, is outside the control of the dealer. Despite this, if our car came with a big scratch down the side or had an engine failure after a week, it's the dealer that takes responsibility. Of all the order sheets I've ever seen, the production date was among the first thing on the sheet, making it very much a part of the "order" and therefor the "contract."

At the end of the day, you have to realize, he was promised one thing in the beginning, and in the end, is getting something different. The deposit is contingent on getting the product promised, which he is not. While the production date may be a small and important detail to you, it may be the most important to him.
Old 05-20-2010, 02:02 PM
  #38  
BostonDuce
Racer
 
BostonDuce's Avatar
 
Join Date: Jan 2010
Posts: 363
Likes: 0
Received 0 Likes on 0 Posts
Default

Don't know what your consumer laws are in CO but a few points.

If you signed the contract "Non-Refundable deposit" you are at their mercy. You have a written agreement, money changed hands...you have a contract. Totally binding. I assume their was no stipulation on a delivery time window? They didn't say they can't get the car, it's only a production delay. That would seem to preclude any non-performance issues.

Your "trade" complicates matters. Any push on your part to back out, and they may balk because they could say the contingent purchase of a new car (and it's associated profit) was used to inflate your actual trade in figure. Not to mention their associated costs in taking in a trade (reconditioning, etc). Expect trumped up charges.

You could try to argue that the dealer can sell the car to someone else (and still be "whole" if they let you out of the deal), or change the order to a more "retail" spec (don't know how much you pushed the option list). The dealer would argue that they sold their allocation slot to you, and unwinding that would cost them a sale, especially if the factory has cut production to try and "right" the market (" Sorry Mr. Smith, we only get 3 allocations and all are sold")

I agree that in the realm of retail customer relations, the dealer is playing hardball. No offense, but if the time frame was a major sticking point, you needed to protect yourself better than it seems you did. The dealer contract is a blank page-ANY performance clause can be added to it, if both parties agree. Absent specific inserted clauses, all you have left is the language of what you signed.

Without knowing all the facts, from what you posted, I think you should play nice and wait for the car. It's the path of least resistance.

BD

PS. Have you considered what you would do if the factory left off a few of your options from your order?
Old 05-20-2010, 02:42 PM
  #39  
PHX 911
Official Rennlist Snake Slayer
Rennlist Member
 
PHX 911's Avatar
 
Join Date: Dec 2009
Location: Charleston, SC
Posts: 3,676
Likes: 0
Received 4 Likes on 4 Posts
Default

After reading the verbiage that is on the contract you signed, I don't see legal footing for returning your deposit. There's not a defined delivery date, and more importantly, punitive recourse language if that date is missed.

Your trade is a huge complicating factor, unless they still have it in inventory.

The frustration you feel right now will be gone about 30 seconds after you leave the lot in your new car, and you will be glad you waited, since that is really what you want. You have to wait a few more months, which will go by quickly, but will seem like forever.

Rather than alienate yourself from this dealer, whom you need for support, I would use this delay to leverage my relationship with them. You won't get a pound of flesh from them, but played correctly, you can at least be a favored customer, or maybe get something of real value out of them.

think of it as a getting more flies with honey than vinegar thing, and you'll come out ahead in the long run.

I wish I were waiting an extra 3 or 4 months to get mine.....
Old 05-20-2010, 03:33 PM
  #40  
jsmirand
Racer
 
jsmirand's Avatar
 
Join Date: Dec 2007
Location: Tucson, Arizona
Posts: 294
Likes: 0
Received 1 Like on 1 Post
Default

Delivering a car 3-4 months later than projected is a different transaction.

What if the OP was counting on that car as a daily driver? What about the time value of money of $5k? With this type of delay, the OP might have chosen to wait 3 more months and get the newer model year.

The dealer should refund the deposit if the car hasn't begun the manufacturing process in which the specific options were locked in by Porsche.

Ultimately, the dealer blaming Porsche is poor form. They need to work together to make the transaction a positive experience for the customer.
Old 05-20-2010, 04:31 PM
  #41  
Clifton
Pro
 
Clifton's Avatar
 
Join Date: Jun 2009
Location: Earth
Posts: 561
Received 66 Likes on 38 Posts
Default

Originally Posted by camhabib
Clifton, I feel that you are forgetting, a month or two is all that usually separates a "2009" from a "2010", etc.
I think the you are clearly presenting the obvious here. The OP stated he was buying a 2011 and that is what he is getting regardless of build month.

Unless there are key features being rolled out, the build month is very insignificant to the procurement of a new car. $10 bucks says more than half of all Porsche owners don't know what month their beloved Porsche was born unless they look at the door jam.

Originally Posted by camhabib
The dealer has control of NOTHING.
Exactly, how can a dealer sell and guarantee a specific build week or month and why would he. I'm sure the dealer has done enough business to know that Porsche manufacturing is subject to change (supply issues, external factors etc). What dealer in their right mind would advertise they are selling a 2011 May build Porsche unless it has already been built. Even then, they don't include the build month in the advertisement. I know some dealers specify the build slot month to those who want to be the first kid on the block, but those usually come at a premium and are for specialty cars (think GT2RS).

Originally Posted by camhabib
At the end of the day, you have to realize, he was promised one thing in the beginning, and in the end, is getting something different. The deposit is contingent on getting the product promised, which he is not. While the production date may be a small and important detail to you, it may be the most important to him.
I think you are getting your facts mixed up a bit. As we both agree, the dealer controls nothing, so how can he promise to sell a product with an exact born on date. Further, the signed contract says nothing about the born on or delivery date.

The buyer simply wanted to buy a car configured a certain way. The dealer offered the first available build allocation (a May build) to configure the car according to that request. The dealer, if given a chance will still provide the car as promised and within a reasonable amount of time.

What makes this situation interesting is the large non-refundable deposit which is unusual for an ordered cars (Mine was $1000 refundable). I would suspect the buyer's configuration is a little unique and taste specific. The dealer required a more substantial deposit fearing he might get stuck with such a unique car if the buyer decided to walk.

I think it is evident that the buyer is looking for a technicality to get out of buying a car he no longer wants. If he really wanted it, a few more months would be worth waiting for a car he configured vs. buying an on the ground model.

I mean no disrespect to the buyer, but based on what is being presented, my belief is the dealer is the only person being taken advantage of here.

Last edited by Clifton; 05-20-2010 at 04:47 PM.
Old 05-20-2010, 04:38 PM
  #42  
Clifton
Pro
 
Clifton's Avatar
 
Join Date: Jun 2009
Location: Earth
Posts: 561
Received 66 Likes on 38 Posts
Default

Originally Posted by jsmirand
Delivering a car 3-4 months later than projected is a different transaction.

What if the OP was counting on that car as a daily driver? What about the time value of money of $5k? With this type of delay, the OP might have chosen to wait 3 more months and get the newer model year.

The dealer should refund the deposit if the car hasn't begun the manufacturing process in which the specific options were locked in by Porsche.

Ultimately, the dealer blaming Porsche is poor form. They need to work together to make the transaction a positive experience for the customer.
No one can say with 100% certainty that the car will be 3-4 months late until it is; for the moment those are just projections. My car was slated for Sept/Oct build/delivery and was stated as such on the build sheet. I was pleasantly surprised to hear from my dealer that my car had a VIN at the end of July.

If the OP was counting the car as a daily driver, he would not have special ordered a new car, nor traded in his old car until the new car was delivered to the dealer.

As to the time value of $5K - That is more than off-set, by trading in the old car 2-4 months early and the dealer working with the seller to help transfer a $2.5K tax savings.

In this case, adding 3 more months will not get him a new model year - so that point is moot.

While I agree all parties should work together, I don't think the dealer is being unreasonable. If I recall, the dealer is working with the buyer and offering to transfer the deal to a different car - which is more than fair.
Old 05-20-2010, 05:16 PM
  #43  
Minok
Drifting
 
Minok's Avatar
 
Join Date: May 2007
Location: Pacific Northwest
Posts: 2,415
Received 13 Likes on 12 Posts
Default

Originally Posted by tkids
I BUYER, am placing a partial payment of $5000 to order the above describe vehicle. I agree to pay $ % off or MSRP plus applicable taxes and a $399.50 delivery and handling fee to the dealer no later than 5 business days after the vehicle's arrival. I understand tht if Dealership fulfills all of its obligations in regard to this order, that the partial payment of $5000 IS non-refundable.

That's it on the contract wording.

The describe car is a 2011 MY.
Well, then it doesn't appear a delivery date is included in that contract, just the fact that it is a MY 2011 car, which can be delivered in the spring of 2011 for that matter.

If you can find a custom-order slot with another dealer that can deliver in June.. which I DOUBT, because those cars have already been built to factory specs, not yours.. good luck. When will the MY2011 cars hit the dealership lots for sale? If you can find a car that matches your needs and its worth $5k + delivery for you to get one next month vs in 5 mos... then do so.
Old 05-20-2010, 11:54 PM
  #44  
tkids
Pro
Thread Starter
 
tkids's Avatar
 
Join Date: Jan 2006
Location: CO. USA.
Posts: 695
Likes: 0
Received 0 Likes on 0 Posts
Default

Originally Posted by Clifton
I'm not sure I can understand all the dealer bashing in this thread. What did the dealer do that was so wrong that the OP didn't freely agree too?

-Did the dealer add the extra wait time to the order, NO.
-Did the dealer force the buyer to hand over a $5K non-refundable deposit, NO.
-Were both the dealer and buyer fully aware that deposit was non-refundable, Yes.
-Did the buyer commit to buying a custom order car, YES. That would be built in May and delivered in June
-Is it possible for production dates to bump up or slide when ordering a Porsche, YES. NO, not a full quarter slide or bump.
-Is it possible that the car could go into production tomorrow, Yes. NO, it will not be built until August per Factory statement so you are wrong here.

Why should the dealer give the deposit back??!!! Good business! The buyer customized a build allocation to their liking and committed to buying it with a trade and $5k non-refundable deposit. If the buyer walks, the dealer is stuck with a car that was ordered and fulfilled according to someones else's taste. Wrong again. The car can simply be changed back to however they spec'd the car. How is that fair to the dealer? mute

With all due respect, the OP has unrealistic expectations and needs to man up and stick to his side of the deal. For get the respect on this point. At this point you have continued to bloviate and now are making assumptions on about nothing you know. Good time to quit typing! One cannot hold a dealer accountable for unexpected shifts in production. A shift is not an entire quarter.Additionally, the dealer would not intentionally shift the delivery date to dupe the customer. As with all build allocations the buyer and dealer are at the mercy of Porsche manufacturing. I'm sure Porsche has a logical reason for delaying the build and that could ultimately be to the buyers benefit. No benefit, wrong again. Reason: they never had any intention of building 2011s P4S in May, it just showed up in the computer wrong. If anything, there could be hidden wins by hanging on to this deal.What if this dealership goes out of business holding my 55k, what is that called?!?

Again, I fail to see what the dealer has done wrong in this case. No one should penalize a dealer or drag their name through the mud for holding a buyer to their commitment.
Where is the Dealer's name?

Originally Posted by Clifton
I think the you are clearly presenting the obvious here. The OP stated he was buying a 2011 and that is what he is getting regardless of build month. Fact is it was a verbal agreement that it would be built in may and that is how they solicited me for the sale and that it would be june delivery

Unless there are key features being rolled out, the build month is very insignificant to the procurement of a new car. $10 bucks says more than half of all Porsche owners don't know what month their beloved Porsche was born unless they look at the door jam.



Exactly, how can a dealer sell and guarantee a specific build week or month and why would he. I'm sure the dealer has done enough business to know that Porsche manufacturing is subject to change (supply issues, external factors etc). What dealer in their right mind would advertise they are selling a 2011 May build Porsche unless it has already been built. Even then, they don't include the build month in the advertisement. I know some dealers specify the build slot month to those who want to be the first kid on the block, but those usually come at a premium and are for specialty cars (think GT2RS).



I think you are getting your facts mixed up a bit. As we both agree, the dealer controls nothing, so how can he promise to sell a product with an exact born on date. Further, the signed contract says nothing about the born on or delivery date.

The buyer simply wanted to buy a car configured a certain way. The dealer offered the first available build allocation (a May build) to configure the car according to that request. The dealer, if given a chance will still provide the car as promised and within a reasonable amount of time.

What makes this situation interesting is the large non-refundable deposit which is unusual for an ordered cars (Mine was $1000 refundable). I would suspect the buyer's configuration is a little unique and taste specific. Assuming again, you should have just commented on what you knew about the facts, not what you speculated! Normal car nothing special, just like most or the dealer spec'd cars! The dealer required a more substantial deposit fearing he might get stuck with such a unique car if the buyer decided to walk.

I think it is evident that the buyer is looking for a technicality to get out of buying a car he no longer wants.Wrong, I want a car, but sooner than later as that is the only reason I traded in my 997 and let them hold 55k. Never would someone especially a car dealership hold 55k on my behalf for more than a quick month! If he really wanted it, a few more months would be worth waiting for a car he configured vs. buying an on the ground model. Wrong again. few months, is not 5 months. Ugh you are becoming tiresome!

I mean no disrespect to the buyer, but based on what is being presented, my belief is the dealer is the only person being taken advantage of here.
But you are being disrespectful by making assumptions and commenting on them as if they are things I presented, therefore now you are being way out of line, you have presented more than I have here and have based your opinions more on what you have conjured up in your creative mind

Originally Posted by Clifton
No one can say with 100% certainty that the car will be 3-4 months late until it is; for the moment those are just projections. Wrong, Factory said all May builds 2011 are actually August buildsMy car was slated for Sept/Oct build/delivery and was stated as such on the build sheet. I was pleasantly surprised to hear from my dealer that my car had a VIN at the end of July.

If the OP was counting the car as a daily driver, he would not have special ordered a new car, nor traded in his old car until the new car was delivered to the dealer.

As to the time value of $5K - That is more than off-set, by trading in the old car 2-4 months early and the dealer working with the seller to help transfer a $2.5K tax savings.

In this case, adding 3 more months will not get him a new model year - so that point is moot.

While I agree all parties should work together, I don't think the dealer is being unreasonable. If I recall, the dealer is working with the buyer and offering to transfer the deal to a different car - which is more than fair.
Questions for the answerman:
1. How is the dealer being hurt by giving me my money back??
2. How do you think they will benefit by keeping my 5k?
3. Do you think it is good business?
Finally,
4. How can you comment on my predicament when not knowing the whole story/facts? Do you think it is right to start calling me out after you conjure up the rest of the story on what you think/assume/speculate might be the case.


"Man up?!" Unbelievable!
Old 05-21-2010, 12:20 AM
  #45  
abe
Burning Brakes
 
abe's Avatar
 
Join Date: Nov 2007
Location: Thousand Oaks. CA
Posts: 1,188
Likes: 0
Received 10 Likes on 7 Posts
Default

How much less would the 997 be worth if you would have kept it for 3-4 more months?
That should also be taken into account.
abe


Quick Reply: Your opinion on my predicament!?



All times are GMT -3. The time now is 06:27 PM.