Notices

Dealer asking me to sign Right of First Refusal

Thread Tools
 
Search this Thread
 
Old 11-02-2021, 03:58 PM
  #1  
ibopm
Instructor
Thread Starter
 
ibopm's Avatar
 
Join Date: Feb 2021
Location: Canada
Posts: 188
Received 107 Likes on 47 Posts
Default Dealer asking me to sign Right of First Refusal

Got an email from my SA asking me to sign a Right of First Refusal agreement for my incoming 992 C4S Cab. Basically it's asking me to:

1) Not sell/transfer/lease my vehicle to anyone within the first year.
2) If I am to sell/transfer/lease within the first TWO years, I need to provide notice to the dealer in which they have 72 hours to submit a same or better competing offer that I'd have to accept.

In "return", I will "most likely" get priority allocation for my next Porsche purchase. The SA is saying that this is something Porsche Canada is asking all the dealers in Canada to do due to the worldwide vehicle shortage and the need to protect their inventory.

This all smells incredibly fishy to me and I don't see why I'd need to sign any of this crap at all. And given the fact that I plan to transfer ownership of the vehicle to my dad upon delivery (as his retirement gift), I don't see any reason for me to sign this. Since it's a gift, I have no intention to flip my 992 and use it as speculation on the market. I'm not that desperate for money. What do you guys think?

Last edited by ibopm; 11-02-2021 at 04:04 PM.
Old 11-02-2021, 04:30 PM
  #2  
Crazy Canuck
Race Director
 
Crazy Canuck's Avatar
 
Join Date: Oct 2004
Location: Ottawa, Canada
Posts: 11,183
Received 218 Likes on 108 Posts
Default

I believe I've signed something like that.
Canadian cars being bought by shill buyers and immediately exported.
The following 3 users liked this post by Crazy Canuck:
Mikster (11-02-2021), MKC91 (11-03-2021), myw (11-02-2021)
Old 11-02-2021, 04:36 PM
  #3  
myw
Nordschleife Master
 
myw's Avatar
 
Join Date: Jun 2013
Location: richmond hill
Posts: 5,382
Received 573 Likes on 342 Posts
Default

bingo

they are doing what they can to control the grey market re exports.

not to mention in recent times (ie. covid) used vehicles are more profitable then ever - the car manufactures wants to capitalize on this before anyone else... which makes sense to me.

it is their business to control and maximize profits in any way possible pertaining to the automotive market.

Originally Posted by Crazy Canuck
I believe I've signed something like that.
Canadian cars being bought by shill buyers and immediately exported.
Old 11-02-2021, 04:45 PM
  #4  
Bud Fox
Burning Brakes
 
Bud Fox's Avatar
 
Join Date: Jul 2015
Location: Toronto, ON
Posts: 1,089
Received 238 Likes on 158 Posts
Default

Might be worth inquiring with:

https://www.competitionbureau.gc.ca/...eng/00157.html
Old 11-02-2021, 04:52 PM
  #5  
Onami
Rennlist Member
 
Onami's Avatar
 
Join Date: Jan 2005
Posts: 5,070
Received 863 Likes on 536 Posts
Default

I've signed a no export agreement with no problem. But to say that you won't sell to anyone in the next year...forget it! You can't predict what will happen in the next year that may or may not influence your needs for that car. I think the people at Porsche have lost their minds. It would be interesting to see what the competition bureau has to say about this.
Old 11-02-2021, 05:04 PM
  #6  
danio
Rennlist Member
 
danio's Avatar
 
Join Date: Jul 2014
Location: Markham
Posts: 118
Received 17 Likes on 6 Posts
Default

Originally Posted by Onami
I've signed a no export agreement with no problem. But to say that you won't sell to anyone in the next year...forget it! You can't predict what will happen in the next year that may or may not influence your needs for that car. I think the people at Porsche have lost their minds. It would be interesting to see what the competition bureau has to say about this.
They are not saying you cannot or won't sell to anyone. They are saying you can, but they must be notified and be able to offer you the same or more than what you are selling/transferring it for.
Old 11-02-2021, 05:05 PM
  #7  
CanuckGT4
Burning Brakes
 
CanuckGT4's Avatar
 
Join Date: Jul 2015
Location: CANADA
Posts: 795
Received 267 Likes on 174 Posts
Default

sounds like a bunch of bs to me, i'd say go F@#$ yourself if they pulled that kind of crap on me.
just sit on the sidelines and wait for the crash which is inevitable.
The following 5 users liked this post by CanuckGT4:
Bud Fox (11-02-2021), ekam (11-03-2021), Greg981 (11-02-2021), lee_337 (11-06-2021), vntperformance (11-04-2021)
Old 11-02-2021, 05:08 PM
  #8  
ibopm
Instructor
Thread Starter
 
ibopm's Avatar
 
Join Date: Feb 2021
Location: Canada
Posts: 188
Received 107 Likes on 47 Posts
Default

I understand why they want to do this...

...but I don't understand why I would have any reason to.

I'm not a Porsche flipper, I buy a new car maybe once every 5 to 10 years. I just don't see how this benefits me at all.

Last edited by ibopm; 11-02-2021 at 05:09 PM.
Old 11-02-2021, 05:09 PM
  #9  
Onami
Rennlist Member
 
Onami's Avatar
 
Join Date: Jan 2005
Posts: 5,070
Received 863 Likes on 536 Posts
Default

Originally Posted by danio
They are not saying you cannot or won't sell to anyone. They are saying you can, but they must be notified and be able to offer you the same or more than what you are selling/transferring it for.
That's not what the OP posted...cannot sell/lease/transfer to anyone within the first year.

"Got an email from my SA asking me to sign a Right of First Refusal agreement for my incoming 992 C4S Cab. Basically it's asking me to:

1) Not sell/transfer/lease my vehicle to anyone within the first year."
The following users liked this post:
ibopm (11-02-2021)
Old 11-02-2021, 05:12 PM
  #10  
ibopm
Instructor
Thread Starter
 
ibopm's Avatar
 
Join Date: Feb 2021
Location: Canada
Posts: 188
Received 107 Likes on 47 Posts
Default

Originally Posted by danio
They are not saying you cannot or won't sell to anyone.
Actually they ARE saying that for year one. The offer thing is only for year two.
Old 11-02-2021, 05:15 PM
  #11  
lowbee
Rennlist Member
 
lowbee's Avatar
 
Join Date: Jun 2016
Location: Toronto
Posts: 1,507
Received 384 Likes on 237 Posts
Default

Will they let you take delivery of the car if you don't sign ? If yes, what's the up side for you beside getting on their favorite customer list ? I might consider signing if they offer me a free extended warranty or a discount or gift voucher for $5K .... haha
Old 11-02-2021, 05:18 PM
  #12  
danio
Rennlist Member
 
danio's Avatar
 
Join Date: Jul 2014
Location: Markham
Posts: 118
Received 17 Likes on 6 Posts
Default

Originally Posted by Onami
That's not what the OP posted...cannot sell/lease/transfer to anyone within the first year.

"Got an email from my SA asking me to sign a Right of First Refusal agreement for my incoming 992 C4S Cab. Basically it's asking me to:

1) Not sell/transfer/lease my vehicle to anyone within the first year."
Sorry, you're right. Got confused with #2.

Old 11-02-2021, 05:23 PM
  #13  
Bud Fox
Burning Brakes
 
Bud Fox's Avatar
 
Join Date: Jul 2015
Location: Toronto, ON
Posts: 1,089
Received 238 Likes on 158 Posts
Default

Originally Posted by danio
They are not saying you cannot or won't sell to anyone. They are saying you can, but they must be notified and be able to offer you the same or more than what you are selling/transferring it for.
similar to this:

https://www.domesticshelters.org/art...ercive-control
Old 11-02-2021, 05:23 PM
  #14  
SToronto
Rennlist Member
 
SToronto's Avatar
 
Join Date: Jan 2012
Posts: 6,681
Received 1,141 Likes on 748 Posts
Default

Why are you bothering to take delivery in your name only to transfer ownership to your Dad? (what sounds like soon after)

Why not just let him take delivery in his name, if all you are doing is providing the finances.
Old 11-02-2021, 05:26 PM
  #15  
ibopm
Instructor
Thread Starter
 
ibopm's Avatar
 
Join Date: Feb 2021
Location: Canada
Posts: 188
Received 107 Likes on 47 Posts
Default

Originally Posted by SToronto
Why are you bothering to take delivery in your name only to transfer ownership to your Dad? (what sounds like soon after)

Why not just let him take delivery in his name, if all you are doing is providing the finances.
It's supposed to be a surprise. I'm taking the car for a photoshoot and PPF + ceramic. And then I've got a whole plan about planting the car somewhere he always visits and surprising him.
The following 4 users liked this post by ibopm:
Bud Fox (11-02-2021), M&Abanker4life (11-09-2021), MKC91 (11-03-2021), westcoastj (11-03-2021)


Quick Reply: Dealer asking me to sign Right of First Refusal



All times are GMT -3. The time now is 09:14 AM.