My poor car
06-25-2013, 07:51 PM
#136
06-25-2013, 08:13 PM
#137
Three Wheelin'
Not really sure what "paperwork" would halt the sale. Technically I traded the F on the GTS so if they wish to ignore my dissatisfaction then they can go ahead and sell it. They don't appear to care about my issues so I'm pretty sure that's what they'll do. My lawyer has a few steps planned but it looks like this one is going all the way. Unpleasant, and hopefully very expensive for them.
You signed a contract to purchase the GTS and trade in the F. On the face of it, one of the foundations of a legal contract requires a meeting of minds. That is, you agree to pay X in return for the delivery of a car represented to be in Y condition. This seems to be the crux of the issue and the question becomes what the facts of the dispute are - your facts and BHP's facts and the facts of the law as they apply to contracts and your specific disagreement. Further, at the end of the rainbow, what you really want to determine is whether or not BHP breached the terms of your contract either through some material lack of disclosure (and just what "material" is is the million dollar question) or even by representing the car as CPO if it did not meet that criteria or BHP failed to make it meet the requirements . Unless you and BHP can come to an agreement, the facts and how they apply will be decided by the judicial system.
If your attorney believes you have a case he may be able to file a suit or motion that prevents BHP from engaging in the sale of an asset that may be, or is, subject to litigation. This, however, may be tricky as the dealership could treat the transactions (F trade and GTS purchase) as separate transactions. Manage your attorney, ask lots of questions and be a squeaky wheel.
Best of luck.
06-25-2013, 09:16 PM
#139
I agree with TCC on "ask your lawyer". I disagree on his analysis of the situation. Breach of contract, while not good business, carries no penalty (for the most part) to the breaching party. Their obligation is to make the non-breaching party "whole". Usually this means pay back in dollars. This is for efficiency. Imagine your case takes 2 years to get to a final resolution in a court. Under TCCs view, BHP would have to hold your car for two years under the "presumption" that BHP breached. They would have too much money tied up in "cars on hold". Now imagine this happening 20 times a month in 20 dealers in every city in the country. Businesses couldn't function like that. A court will likely award you the total value you gave to be paid in dollars. If you settle with BHP before court, you can do whatever is mutually agreeable.
The above assumes you used your car in lieu of cash for some portion of the purchase price. And that CA doesn't have special statutes addressing car sales for this set of circumstances.
The above assumes you used your car in lieu of cash for some portion of the purchase price. And that CA doesn't have special statutes addressing car sales for this set of circumstances.
06-25-2013, 10:35 PM
#140
This whole issue amazes me since at one point I bought a USED Audi Allroad in Houston having it shipped here and after two years of numerous issue's which I included in a letter to Audi. Well one day I get a Fedex letter dropped through my door and it stated to go to my dealer and pick up check for $39,000. The problem was since no response from Audi I sold it the day before. Well being a smart guy I called the family I sold it to and offered to pick up the car and write them a check for $1000 since they didn't register the car yet. I mean think about this where I bought a used Audi and the factory buys it back. Have you spoken with the local Porsche factory rep?
The following users liked this post:
maschinetheist (12-18-2020)
06-25-2013, 11:04 PM
#142
Nordschleife Master
Not at all. In my dealings (as a customer) with many dealerships in my lifetime, they all seem to be very short-sighted. It's all about how much profit they can make today, and tomorrow will take care of itself. A really good salesman (or saleswoman) will maintain a relationship and try to help a customer, knowing that they can come back and buy many many more cars. But the dealership management doesn't give a big rat fart about us, we're just the suckers that come in and pay ridiculous amounts of money for metal. When we leave, never to return, some other idiot will step up to take our place.
And they don't give a crap about how nice your car is, how well you treated it, or what you've done to it. All they care about is how quickly they can flip it and how much they will make.
And they don't give a crap about how nice your car is, how well you treated it, or what you've done to it. All they care about is how quickly they can flip it and how much they will make.
What's puzzling to me here is that high-end dealerships usually recognize that referral business and a solid reputation is important, especially where there's competition nearby. BHP seems to think they need nobody's support except the locals who don't care about much except convenience.
06-26-2013, 08:23 AM
#143
Rennlist Member
I agree many dealerships operate under those premises but I must have been lucky since I haven't come across a Porsche dealership yet that subscribes to the model.....until this thread was born. Any problems I've had were addressed promptly and without hassle and I've dealt with four Porsche dealers over the years.
What's puzzling to me here is that high-end dealerships usually recognize that referral business and a solid reputation is important, especially where there's competition nearby. BHP seems to think they need nobody's support except the locals who don't care about much except convenience.
What's puzzling to me here is that high-end dealerships usually recognize that referral business and a solid reputation is important, especially where there's competition nearby. BHP seems to think they need nobody's support except the locals who don't care about much except convenience.
There are great dealerships, average ones and those that will do and say anything to make the sale.
06-26-2013, 08:25 AM
#144
Rennlist Member
I received the following Facebook response from Beverly Hills Porsche and then my original post was taken down.
"You can't believe everything you read on the internet. There are two sides to the story and it's still being worked out. Beverly Hills Porsche doesn't sell inferior quality cars nor do we attempt to misrepresent our inventory."
This dealership is really screwed up.
"You can't believe everything you read on the internet. There are two sides to the story and it's still being worked out. Beverly Hills Porsche doesn't sell inferior quality cars nor do we attempt to misrepresent our inventory."
This dealership is really screwed up.
06-26-2013, 10:59 AM
#145
Three Wheelin'
I agree with TCC on "ask your lawyer". I disagree on his analysis of the situation. Breach of contract, while not good business, carries no penalty (for the most part) to the breaching party. Their obligation is to make the non-breaching party "whole". Usually this means pay back in dollars. This is for efficiency. Imagine your case takes 2 years to get to a final resolution in a court. Under TCCs view, BHP would have to hold your car for two years under the "presumption" that BHP breached. They would have too much money tied up in "cars on hold". Now imagine this happening 20 times a month in 20 dealers in every city in the country. Businesses couldn't function like that. A court will likely award you the total value you gave to be paid in dollars. If you settle with BHP before court, you can do whatever is mutually agreeable.
The above assumes you used your car in lieu of cash for some portion of the purchase price. And that CA doesn't have special statutes addressing car sales for this set of circumstances.
The above assumes you used your car in lieu of cash for some portion of the purchase price. And that CA doesn't have special statutes addressing car sales for this set of circumstances.
06-26-2013, 11:23 AM
#146
I received the following Facebook response from Beverly Hills Porsche and then my original post was taken down.
"You can't believe everything you read on the internet. There are two sides to the story and it's still being worked out. Beverly Hills Porsche doesn't sell inferior quality cars nor do we attempt to misrepresent our inventory."
This dealership is really screwed up.
"You can't believe everything you read on the internet. There are two sides to the story and it's still being worked out. Beverly Hills Porsche doesn't sell inferior quality cars nor do we attempt to misrepresent our inventory."
This dealership is really screwed up.
What a bunch of clowns.
06-26-2013, 11:42 AM
#147
Their position is that I'm being over-critical. That the issues with the car are to be expected on a used vehicle. That the salesman's description of the car as perfect meant "perfect for a used car". I accept the car is used, but it's 2 only years old and has (claimed) 7k miles, so I hardly expected it to be as beaten up as it is. It's also certified pre-owned, and is held to a higher standard supposedly.
06-26-2013, 12:14 PM
#148
Oh, and they sold the Ferrari, despite my polite request to wait until this matter was resolved. After John George described it as "messed up" (he got pretty defensive when the GTS issues were being described to him) it aced the PPI and was sold yesterday. Buyer is a cool guy, he has told me everything. Including that there were protestors outside the dealership yesterday related to another pissed off customer lol.
06-26-2013, 12:22 PM
#149
Instructor
Join Date: Apr 2012
Location: Newport Beach, CA
Posts: 110
Likes: 0
Received 0 Likes
on
0 Posts
Never going near BHP. I hope they see this and know I'm also telling everyone I know down here in Newport (and in LA) to stay the hell away from them.
06-26-2013, 12:22 PM
#150
He qualified an absolute! He must have paid attention to the Clinton affair.
Perfect : being entirely without fault or defect : flawless <a perfect diamond>
"It's a perfect, for being such a junky car."
I'm still rooting for you.