Dealer asking me to sign Right of First Refusal
11-06-2021, 05:17 PM
#93
11-06-2021, 11:40 PM
#94
Rennlist Member
And you call dealers arrogant? Interesting. No wonder you get the cold shoulder, I doubt anyone wants to deal with you. Maybe learn something from this that can help you live better. Just a little suggestion from a friend.
11-09-2021, 08:48 PM
#95
Back on track…I was going to put a deposit on a 992 this week and the bill of sale included a clause stating that I agreed to sign a first right of refusal agreement. I asked to see it and they explained that they would send me the current copy, but that it may change depending on the market and I had to agree to sign the agreement that is in place when my car came in.
I contacted PCNA to see if this was a corporate directive and they sent a very nice message apologizing and explaining that it was a dealer requirement and they had no control over the clauses that they chose to include in their agreements. They also said that mgt would be reviewing the issue.
in fairness, my SA was very nice about the issue and did a good job explaining their perspective, but I told him that I wouldn’t agree to sign anything - especially when I didn’t know what I would be signing! Honestly, no hard feelings on my part. I’m just going to buy from another dealer that doesn’t have refusal clauses.
I contacted PCNA to see if this was a corporate directive and they sent a very nice message apologizing and explaining that it was a dealer requirement and they had no control over the clauses that they chose to include in their agreements. They also said that mgt would be reviewing the issue.
in fairness, my SA was very nice about the issue and did a good job explaining their perspective, but I told him that I wouldn’t agree to sign anything - especially when I didn’t know what I would be signing! Honestly, no hard feelings on my part. I’m just going to buy from another dealer that doesn’t have refusal clauses.
11-10-2021, 12:52 AM
#96
Rennlist Member
probably, my understanding is that if they went to sell the dealer would get the right of first refusal up to MSRP….., and that if they didn’t sign it the dealer was going to add a 6% commission on the spot… can you imagine them springing that on you at the last minute - I’d have lost my mind and some of these people have waited all summer for their car’s engine, what a slap in the face…. I’ll message these guys and maybe they can chime in - I hope no one signs this
11-10-2021, 09:27 AM
#97
probably, my understanding is that if they went to sell the dealer would get the right of first refusal up to MSRP….., and that if they didn’t sign it the dealer was going to add a 6% commission on the spot… can you imagine them springing that on you at the last minute - I’d have lost my mind and some of these people have waited all summer for their car’s engine, what a slap in the face…. I’ll message these guys and maybe they can chime in - I hope no one signs this
I wonder what the legalities are with respect to the process being used by the dealers.
11-10-2021, 09:28 AM
#98
Drifting
If this form was discussed and explained fully while negotiating, that would be fair. It would be presented at time of signing.
Presenting it after a contract is not fair, and to me, would not have to be signed.
There was talk of this when it took delivery of my Subaru RA. I had fully paid for it. I lotteried for my chance to overpay for a vehicle. I will do what I want with my car.
At the same time, I read this note as, “they have first option at buying the car back” this would be at your set price. Not theirs. I would always offer a car back to the dealer? It is the simplest and the easiest thing to do. If I don’t like the price, or it’s not enough. No sale to them.
Presenting it after a contract is not fair, and to me, would not have to be signed.
There was talk of this when it took delivery of my Subaru RA. I had fully paid for it. I lotteried for my chance to overpay for a vehicle. I will do what I want with my car.
At the same time, I read this note as, “they have first option at buying the car back” this would be at your set price. Not theirs. I would always offer a car back to the dealer? It is the simplest and the easiest thing to do. If I don’t like the price, or it’s not enough. No sale to them.
Last edited by BIG smoke; 11-10-2021 at 09:32 AM.
11-10-2021, 09:33 AM
#99
I'm sure it's presented as routine paperwork. Just sign the license, registration, and - oh yes . . .
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ekam (11-10-2021)
11-10-2021, 10:11 AM
#100
11-10-2021, 10:28 AM
#101
Rennlist Member
[QUOTE=BIG smoke;17776491]If this form was discussed and explained fully while negotiating, that would be fair. It would be presented at time of signing.
Presenting it after a contract is not fair, and to me, would not have to be signed.
There was talk of this when it took delivery of my Subaru RA. I had fully paid for it. I lotteried for my chance to overpay for a vehicle. I will do what I want with my car.
At the same time, I read this note as, “they have first option at buying the car back” this would be at your set price. Not theirs. I would always offer a car back to the dealer? It is the simplest and the easiest thing to do. If I don’t like the price, or it’s not enough. No sale to them.[/QUOTE
I’m not an anti-trust lawyer but this doesn’t pass the smell test to me. This RFR requirement seems to be an attempt to control the supply of high end, minimally produced vehicles so scum sucking dealers can artificially set the market. That’s a big no no. Next time I chat with my anti-trust partner, I may ask him what he thinks.
Presenting it after a contract is not fair, and to me, would not have to be signed.
There was talk of this when it took delivery of my Subaru RA. I had fully paid for it. I lotteried for my chance to overpay for a vehicle. I will do what I want with my car.
At the same time, I read this note as, “they have first option at buying the car back” this would be at your set price. Not theirs. I would always offer a car back to the dealer? It is the simplest and the easiest thing to do. If I don’t like the price, or it’s not enough. No sale to them.[/QUOTE
I’m not an anti-trust lawyer but this doesn’t pass the smell test to me. This RFR requirement seems to be an attempt to control the supply of high end, minimally produced vehicles so scum sucking dealers can artificially set the market. That’s a big no no. Next time I chat with my anti-trust partner, I may ask him what he thinks.
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ibopm (11-10-2021)
11-10-2021, 05:39 PM
#102
Drifting
Weissach here in Vancouver asked me to sign one of these when I bought my 1500km GT4 a few years ago. I said no. They said ok but please consider us when and if you want to move the car. It wasnt mentioned again.
04-29-2023, 09:41 AM
#103
Drifting
Dealer sent this along with the invoice for my Turbo S. Never mentioned it before at all. The car is coming home from Euro Delivery already.
I might just send them a cheque and tell them no, see what they say. I’m not flipping the car, I have $30k in M engineering parts here to install. But it would have been nice to know about this earlier.
I’d have to read it more, but in the SAs email he said “wholesale” market value…. What’s wholesale value?? To me that is what these cars go for at the wholesaler auction… which is considerably less than used retail.
Interesting.
I might just send them a cheque and tell them no, see what they say. I’m not flipping the car, I have $30k in M engineering parts here to install. But it would have been nice to know about this earlier.
I’d have to read it more, but in the SAs email he said “wholesale” market value…. What’s wholesale value?? To me that is what these cars go for at the wholesaler auction… which is considerably less than used retail.
Interesting.
04-29-2023, 10:54 AM
#104
Rennlist Member
If they never mentioned it before and are asking you to sign now at delivery, tell them you have no obligation to do so.
04-29-2023, 10:57 AM
#105
I haven't seen the agreement for a couple of years since picking up my Spyder, but felt it was pretty reasonable at the time. Basically if I was going to sell it to a 3rd party in the first 2 years, I'd give them a heads up and let them match at that same price. I have no plans to sell my Spyder, so I had no problem signing that.