Porsche successfully sued over allowing queue jumping

Porsche successfully sued over allowing queue jumping

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Discussion

foxsasha

Original Poster:

1,417 posts

135 months

Wednesday 20th January 2016
quotequote all
Man places deposit on GT3, Porsche dealer sells car to another customer behind him in the queue. Man sues for breach of contract and wins.

http://www.theboltonnews.co.uk/news/bolton/1421770..._170_000_dream_car_wins___35_000_claim_against_dealership_for_35_000/?ref=rss&utm_source=dlvr.it&utm_medium=facebook

13m

26,292 posts

222 months

Wednesday 20th January 2016
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Good.

AW10

4,439 posts

249 months

Wednesday 20th January 2016
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Good on him for taking a stand and glad he didn't lose given the legal fees involved!

RSVP911

8,192 posts

133 months

Wednesday 20th January 2016
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Very interesting - this will change the way Porsche deal with GT allocation.


Also the damages were way off the pace though - nowhere near the cars true value smile

Edited by RSVP911 on Wednesday 20th January 19:15

Twinfan

10,125 posts

104 months

Wednesday 20th January 2016
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He should have got more than £35k in lost value - RS4.0s are worth more than £170,000!

Budflicker

3,799 posts

184 months

Wednesday 20th January 2016
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Thats nice to know, if you get a deposit down on a GT2 you should maybe get one now a legal precedent has been set.

A similar court case now would be an easy win for the customer i imagine.

Twinfan

10,125 posts

104 months

Wednesday 20th January 2016
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I wonder who the "successful" buyer was, and how they got the car. Bung to the salesperson?

kilarney

483 posts

223 months

Wednesday 20th January 2016
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Good on him. All we need is plenty of bad publicity to make others think twice. I bet a few ferrari dealers will be checking the paperwork as well

Twinfan

10,125 posts

104 months

Wednesday 20th January 2016
quotequote all
Budflicker said:
Thats nice to know, if you get a deposit down on a GT2 you should maybe get one now a legal precedent has been set.

A similar court case now would be an easy win for the customer i imagine.
it depends. In this case, the guy was told he was first in line at that dealer and would get the first car they got and had an email to back it up. Quite an easy case to prove if it can be confirmed OPC Bolton got at least one car.

BlueNGT

701 posts

222 months

Wednesday 20th January 2016
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This was the appeal.....original 'Judge' ruled for OPC over 12 months ago!!

£35,000 is a joke....I suspect if there were any £170,000 RHD, 1 owner, low mile, 4.0RS for sale the queue wold be a mile long rolleyes

jayxx83

504 posts

196 months

Wednesday 20th January 2016
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Good on that man!

JLZ78

179 posts

102 months

Wednesday 20th January 2016
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I don't think this will change much. Dealers will no longer go into print or make a verbal contract with depositors about their place in the queue. If this guys hadn't got that email, he wouldn't have won the case. Dealer Principles will still allocate cars as they see fit.

SFO

5,169 posts

183 months

Wednesday 20th January 2016
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I am amazed this went all the way to the Court of Appeal ..

CRA1G

6,540 posts

195 months

Wednesday 20th January 2016
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I'v had a deposit down on a BMW M4 GTS for quite some time and the first to place a order with my dealer but iv been told it will NOT be first come first serve,after sending in a list of BMW's i'v owned past and present the 30 UK cars allocated BMW will decide who will get one....!

9e 28

9,410 posts

201 months

Wednesday 20th January 2016
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Very well done to the claimant but unfortunately this may not change a thing unless VW's main board puts a stop to what UK Porsche dealers are up to. All OPCs are at it and have probably already prepared a new deposit receipt/contract with a disclaimer in very small print saying a deposit does not guarantee delivery of a car. Interesting precedent set on first come first served but I fear Porsche GB may still swerve it rather than playing by Queensbury rules.

First come first served is completely fair in my view and how it should be done. Porsche would rather have us buying lottery tickets....

tyrrell

1,670 posts

208 months

Wednesday 20th January 2016
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Good serves them right, whole process is a croc of ste

GT3andy

121 posts

171 months

Wednesday 20th January 2016
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The truth is though Porsche AG and the UK OPC's just have to get a grip on this simple task. In a utopian world I don't think OPC's should take any deposits until car is officially announced to them from Porsche AG. This should be with plenty of notice, maybe at least a year is not unreasonable. At that time surely Porsche AG can allocate cars to individual OPC's here in the UK. So it does have to start in Germany to get this right.

So at this point the UK OPC's know exactly what they are getting, and the time frame in which they will get them.

Then there are a couple of ways to go -take deposits on a first come first served basis for actual cars being allocated - problem is this creates a bun fight on the date of announcement. Or perhaps have a draw from all those who put their name in the hat. Maybe make an evening of it if there were enough interested, but at least have a public draw. Very exciting evening i'd enjoy, which would at least mostly neutralize any suspected skulduggery.

Sure I know what a temptation forward selling cars many times over is from the dealerships point of view, but clearly it isn't working and is even darkening the Porsche name which overall they do not deserve as they do create a greater number of thrilling cars than perhaps any other manufacturer.

But surely there is way a way they can perform this in a better way which would enhance the brand and create a bit of excitement for all prospective owners of some of the more rare cars in their range.

Anyone else have any suggestions of how they should do it. Maybe Porsche GB will be interested.

AndrewD

7,538 posts

284 months

Wednesday 20th January 2016
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Not sure if the 35k is a "joke" surely you need to read the judgement or maybe you have?

If the guy realised he had been shafted I guess he could have got one second hand for 35k more than list at that time. If he chose not to, then he can't expect the dealer to make good his "loss" based on current market values?

LordOfTheManor

1,267 posts

111 months

Wednesday 20th January 2016
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Will be speaking to MY legal council tomorrow evening at a bash their having in Cardiff
they offered to sort my lost car in first place, but I couldn't be bothered to spend the time on it ......
up to now the OPC has lost considerable business just with the word on the streets

9e 28

9,410 posts

201 months

Wednesday 20th January 2016
quotequote all
GT3andy said:
The truth is though Porsche AG and the UK OPC's just have to get a grip on this simple task. In a utopian world I don't think OPC's should take any deposits until car is officially announced to them from Porsche AG. This should be with plenty of notice, maybe at least a year is not unreasonable. At that time surely Porsche AG can allocate cars to individual OPC's here in the UK. So it does have to start in Germany to get this right.

So at this point the UK OPC's know exactly what they are getting, and the time frame in which they will get them.

Then there are a couple of ways to go -take deposits on a first come first served basis for actual cars being allocated - problem is this creates a bun fight on the date of announcement. Or perhaps have a draw from all those who put their name in the hat. Maybe make an evening of it if there were enough interested, but at least have a public draw. Very exciting evening i'd enjoy, which would at least mostly neutralize any suspected skulduggery.

Sure I know what a temptation forward selling cars many times over is from the dealerships point of view, but clearly it isn't working and is even darkening the Porsche name which overall they do not deserve as they do create a greater number of thrilling cars than perhaps any other manufacturer.

But surely there is way a way they can perform this in a better way which would enhance the brand and create a bit of excitement for all prospective owners of some of the more rare cars in their range.

Anyone else have any suggestions of how they should do it. Maybe Porsche GB will be interested.
In this instance the truth is the Porsche salesman lied to the customer but I take your point. Very difficult one to fix but your suggestions seems fair too.

A silver 991 GT3 RS came up for sale a few months ago within days of delivery at £300k i.e. more than double price - the yarn the OPC was telling prospective buyers about some 80 yr old pensioner not getting on with the car was laughable - it was their own car IMO - its the lying that annoys me a bit. I've had some terrible experiences with my local OPC in last few years - they lie for fun.