Porsche dealer sued for selling car to someone else in waiting list

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akirk
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Porsche dealer sued for selling car to someone else in waiting list

Postby akirk » Fri Jan 22, 2016 12:14 pm

http://www.telegraph.co.uk/cars/news/pe ... d-his-car/

Porsche Centre Bolton ordered to pay £35,000 in damages and at least £50,000 in legal fees to Kevin Hughes after selling the rare 911 GT3 RS 4.0 he’d ordered to another buyer


Interesting end result, glad to see that common sense prevailed, I suspect it means a change to the T&Cs of placing a deposit...

Alasdair

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Horse
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby Horse » Fri Jan 22, 2016 12:44 pm

One of my bike trainees caused a brisk change in our training group's T&Cs particularly for our 'Back to Biking' course.

We trained at a bike dealership, anyone who'd put down a deposit on a bike had the one-day course for free. I asked whether he had done so, and told the guy enquiring about this.

"Oh," he said "In that case I'll go in and put down a deposit. It's refundable anyway, so if I decide not to get back into riding, I can cancel the order and get my deposit back." [So, for the hard of thinking, getting a one-day training course for free. Note: we were not employed by the dealership]

That was Wednesday lunchtime. The T&Cs on the form he signed on Saturday said that if an order was cancelled and deposit returned then the course fee was payable :)
Your 'standard' is how you drive alone, not how you drive during a test.

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StressedDave
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby StressedDave » Fri Jan 22, 2016 12:52 pm

I read the transcript on that one. The suggested market value seemed way too low, i.e. the damages he got were too low, for a very rare car.
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IcedKiwi
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby IcedKiwi » Fri Jan 22, 2016 1:17 pm

I've been following this on Piston heads and seems like the only reason he got the payout was that one of the sales guys had emailed him confirming that he would be the first to get one if Bolton were allocated a car. The T&C already say that they don't have to sell in the order in which deposits/LOI are received but because of that email it overruled the "contract".
As far as prices, I think they were taken from the original case a few years ago (which was found in favour of the dealer), much lower than the ~£400k now.

waremark
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby waremark » Fri Jan 22, 2016 6:41 pm

Brave to take this to the Court of Appeal, he must be a rich man, the potential costs if he had lost again would have been frightening. Have any of you read more about the circumstances? It would be interesting to know how the garage chose the customer to whom they did sell the car, and what he did with it. It is possible that he was just a better customer (eg prepared to order a 918) or there may have been something more directly in it for the garage. If they actually took a bribe and were found out they would be in big trouble from the manufacturer. However, they may be able to make more money without actual dishonesty. I expect the garage makes most money if the buyer flips the car, selling it back to the dealer, and giving the dealer a generous margin on the second sale.

waremark
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby waremark » Fri Jan 22, 2016 6:43 pm

If you are lucky enough to have been allocated a La Ferrari, that would have been an immediate 1m euro gain. The allocation of these cars which achieve high 'overs' must be very political.

IcedKiwi
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby IcedKiwi » Fri Jan 22, 2016 7:31 pm

They originally told the guy that they hadn't been allocated one. Then when he found out, they said they thought he wasn't a serious buyer. They didn't reveal any details about the buyer, not even the purchase price (inc options). There's deffinately some shady practises with delivery miles cars being sold 2nd hand for overs in dealers. Whether it's arrangements with friends or loyal customers they want to keep loyal we'll never know but I don't think it does the brand any favours.
You also here of customers being forced to take at least x% finance with a specific company if they want a car.

I think for the Enzo you had to lease it from Ferrari or something for the first year before you could buy it to prevent flippers.

Then there's McLaren where they said they were only going to make 500 675LT, no spyders. But now there's another 500 spyders and theP1 prototypes being sold as new cars much to owners dismay.

All interesting to read about (at least to me) but can't see it effecting my next few car purchases!

chriskay
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby chriskay » Fri Jan 22, 2016 11:12 pm

IcedKiwi wrote:Then there's McLaren where they said they were only going to make 500 675LT, no spyders. But now there's another 500 spyders and theP1 prototypes being sold as new cars much to owners dismay.



I know one owner of three McLarens who is so annoyed with the company that he's proposing to sell his P1.
Carpe diem

waremark
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby waremark » Sat Jan 23, 2016 1:22 am

chriskay wrote:
IcedKiwi wrote:Then there's McLaren where they said they were only going to make 500 675LT, no spyders. But now there's another 500 spyders and theP1 prototypes being sold as new cars much to owners dismay.



I know one owner of three McLarens who is so annoyed with the company that he's proposing to sell his P1.

I read the Flemke thread on Pistonheads so have seen this. It is quite an extreme reaction. All the relevant cars are selling at a premium; are customers really justified in complaining if the company takes advantage of the enormous excess of demand over supply?

chriskay
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Re: Porsche dealer sued for selling car to someone else in waiting list

Postby chriskay » Sat Jan 23, 2016 1:06 pm

waremark wrote:
chriskay wrote:
IcedKiwi wrote:Then there's McLaren where they said they were only going to make 500 675LT, no spyders. But now there's another 500 spyders and theP1 prototypes being sold as new cars much to owners dismay.



I know one owner of three McLarens who is so annoyed with the company that he's proposing to sell his P1.

I read the Flemke thread on Pistonheads so have seen this. It is quite an extreme reaction. All the relevant cars are selling at a premium; are customers really justified in complaining if the company takes advantage of the enormous excess of demand over supply?


I think that if a supposedly reputable company has reneged on an undertaking, customers have a right to be annoyed. I gather that Flemke is not entirely happy with the P1 and having tried a Porsche 918, prefers that.
Carpe diem


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