Dealer asking me to sign Right of First Refusal
#106
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The one I was given and refused to sign said the same…they could buy it at my price - no mention of wholesale. The dealer didn’t put up much of a fight and took my deposit without the ROFR document.
#107
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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.
#108
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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.
What do you mean send them a cheque?
Don't agree to wholesale value terminology. Of course if you try to sell it to a dealer it'll be less than retail value as the dealer wants to make money on it.
#109
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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.
#110
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I did it on one GT car. Actual agreement isn't so bad. The part I didn't appreciate was it came up when an allocation was ready to be assigned, 2 months after they had taken my trade. Never previously discussed. Just kills the customer experience and the timing was in favour of the dealer. Not like I could get my trade back, it sold within days of trading.
#111
Drifting
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I had to sign a paper that stated I could not export my 2023 BMW i4m50 to the states within the 1st 12 months of ownership. I signed it when I went in to buy the car. The waiting list in Canada is quite long. I was on a list for 14 months at my local dealership without allocation. The list in the US is also long, but I believe they get more cars. The MRSP is also lower after exchange for Cdn cars, so BMW makes more money on the US cars.
#112
Intermediate
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I just got one of these sprung on me last minute with the final sales invoice after the vehicle arrived at the dealership. It is a bit different than some of the ones described upthread. Essentially, it is a 2 yr right of first refusal where they have the right to do so at its "market value" - whatever that means. If it was wholesale value or trade-in value, I would have pushed back a bit more. The one thing that I did push back on was that the dealership has 30 days to do so respond upon notification from the owner. I struck it and put 5 days and got a response back of "no changes allowed" from my sales advisor. I argued that the 30 days was outrageous and if there is an issue, his sales manager can contact me. I also mentioned that there numerous examples on Rennlist whereby customers had refused to sign outright. Less than 5 minutes later, I was informed that the change had been approved.
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Onami (05-15-2023)
#113
Rennlist Member
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It really is amzing what people will sign... You really should have just told them to f off. Or if you wanted to be polite, ask them where in the orginal bill of sale there is mention of a ROFR agreement?
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Pags993 (05-15-2023)
#114
Drifting
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^^^^^ what Moab said. I would have torn it up faster than Pelosi did the state of union speech. Stupid dealer manipulation games deserve equally outrageous responses. 30 days 😂 🤣
Last edited by Pags993; 05-15-2023 at 06:53 PM.
#115
Rennlist Member
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I just got one of these sprung on me last minute with the final sales invoice after the vehicle arrived at the dealership. It is a bit different than some of the ones described upthread. Essentially, it is a 2 yr right of first refusal where they have the right to do so at its "market value" - whatever that means. If it was wholesale value or trade-in value, I would have pushed back a bit more. The one thing that I did push back on was that the dealership has 30 days to do so respond upon notification from the owner. I struck it and put 5 days and got a response back of "no changes allowed" from my sales advisor. I argued that the 30 days was outrageous and if there is an issue, his sales manager can contact me. I also mentioned that there numerous examples on Rennlist whereby customers had refused to sign outright. Less than 5 minutes later, I was informed that the change had been approved.
But I have not taken delivery yet. Might be an interesting delivery day....
#116
Drifting
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If presented please bring a red marker in advance and strike through every page before handing it back with a massive grin on ur face. Live out my dream! 😝
#117
Drifting
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I went in with the final cheque, they got me to sign some privacy paperwork and slide that right of 1st blah in again at the end. I declined signing it and pointed out that it says it's to be signed voluntarily. It also mentions to consult legal counsel. I mentioned my legal counsel instructed me not to sign and that this wasn't brought up at any point during the order process, etc.
I reassured them that I have no intention of flipping or selling the car regardless, so they have no concern there.
I reassured them that I have no intention of flipping or selling the car regardless, so they have no concern there.
#118
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Has anyone ever experienced a dealer exercising the right of first refusal? I wonder if this is just an "insurance policy" for dealer mgmt to prevent flagrant 3rd party flipping (similar to the old export prevention mechanisms), but not something actually impacting ordinary buyers at any meaningful scale
Last edited by appzman; 05-16-2023 at 11:12 AM.
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mhenry84 (05-16-2023)
#119
Rennlist Member
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What exactly is the process when it's time for the RoFR? Curious if anyone has actually gone through it yet.
Does the dealer add themselves on as a separate lien holder? (separate from Porsche Finance if financing/leasing) so that when you go to sell that's when the RoFR process comes up? As they would have to sign off.
If their market price offer is still under what you're willing to sell for, what happens? Can you just decline the offer and move on to sell yourself?
Does the dealer add themselves on as a separate lien holder? (separate from Porsche Finance if financing/leasing) so that when you go to sell that's when the RoFR process comes up? As they would have to sign off.
If their market price offer is still under what you're willing to sell for, what happens? Can you just decline the offer and move on to sell yourself?
Last edited by mhenry84; 05-16-2023 at 04:50 PM.
#120
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How it was explained to me when I was asked to sign one was that if I had a private buyer for my car at say, $100,000, I had to give the dealer the chance to match that offer. If they declined, I was free to sell the car privately. I refused to sign and the dealer was OK with that beause I was a repeat customer. They told me that they were doing this specifically to stop flippers as they were getting heat from PCNA for cars being exported out of Canada.
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mhenry84 (05-16-2023)