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  #76  
Old 04-19-2008, 03:27 AM
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Originally Posted by UBoat Commander
I had this happen to me once by a BMW dealer and I am a lawyer. I threatened to sue and they did not budge. Then I had a lawyer buddy call on my behalf and threaten to sue. I then got a check the next day by Fed Ex.
Why were they not threatened by you but by your friend if you are both lawyers? Did they think you were lying or something?
 
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Old 04-19-2008, 03:30 AM
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Originally Posted by shnapps
I'm not sure if it was persistence, the threat of litigation, one of their salesmen coming across this forum or my suggestion of taking this to PCNA, but Porsche of Lexington has now said they'll refund the deposit. I believe they'll do it. Thanks for all the good information. And thank you, Porsche of Lexington, for doing the right thing.
I am glad it worked out for you, but your gratitude is not necessary. People like this do not deserve any type of thanks, and I would still consider their reputation seriously besmirched.
 
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Old 04-19-2008, 07:50 AM
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There are two sides to every story, and while this thread is dramatic and damaging to the dealer, it is only half of the story.

I have used Porsche of Lexington on multiple occasions, both new car purchases and ongoing warranty and service work. They go above and beyond, and support the local PCA chapter wholeheartedly.

I had occasion to listen to the other side today...seems to me the dealer did everything they could to make the deal right, but in the end, the TWO parties could not agree.


In December, this same dealer sold me a GT3RS at msrp....a car they could easily have sold at market for 50k over. Find another dealer that was willing to do that in December '08.

A mishap/accident happened with this car and it was professionally repaired (saw it myself today, its not discernable). The dealer made an attempt at a reasonable adjustment on top of an already agreed upon concession on msrp.
Buyer wanted more than was considered reasonable, so the deal was dead. This dealer is in a smaller market area...trust me when I say they would have loved to have done the deal with the original prospective buyer who they specc'd the car for.

Like I said, two sides to every story, and while some of you may proclaim to warn all friends and family off this dealer, you will be doing them a disservice without knowing all the facts. I know I will continue to use them and recommend them for sales and service.


I agree to the above post to some degree. However, the dealer made absolutely no attempt for any adjustment beyond the previously agreed upon price of the car. Currently, I have another dealer who's offered an indentically spec'ed out 08 Turbo coupe (no history of a re-paint) for the same price I was asking that they agree to. Hard to say, therefore, that my offer was "unreasonable," at least from the buyer's perspective. And that price is thousands over what others on 6speed have apparently paid for a new car in this price range. In the end, however, I don't have any qualms with them wanting a certain price for the car. That's perfectly justified on their part. Just be straight-forward enough to admit that fixing a divet in the bumper and then re-painting the entire bumper might affect some buyers' views of the car, present your side of the story in a professional manner and, if a deal can't be struck, then part ways with a hand shake and no hard feelings. What I found objectionable is....

1. From the very moment the GM walked into the room he used a tone and body language as if he were a moment away from slipping into a rage. At one point, he jumped up and ordered the salesman to "tell that man to get away from the car" which was parked outside. The salesman, obviously sensing the same tension I did, ran, didn't walk, out. I turned around and saw some perfectly dressed man and his five year old son checking out the car. Didn't see them touch it at all. Tense. (The salesman conversely was perfectly pleasant during the entire process.)

I told the GM that if I had absolute certainty that the re-paint would hold up just as well as factory paint long-term and no potential buyer in the future would expect a discount from me if they knew the car's repair history, I would have paid the previously agreed-to price. I agree completely that the repair job looked perfect. However, I also know that I've picked up a car from an auto body shop before with a bumper that looked perfectly re-painted only to find the paint began peeling off within a few years. I shared that concern with them. I also told them that I had spoken with several regional Porsche dealers who told me the paint would "likely" be ok but I should expect some sort of price adjustment. I didn't tell him that many fellow 6speeders would also have qualms about taking the car (see earlier posts). Maybe the GM was completely right, maybe that paint will be on that bumper 10,000 years from now. But I didn't know that for sure and I didn't think it fair that I should accept a car with a question mark painted on its front end without some sort of gesture on their part.

2. Ah, but that's only the opening act....After getting up to leave I went to find the salesman. I expressed regret that we hadn't been able to come to terms. We shook hands. He told me he'd mail me my deposit "tomorrow." But on the way home, the salesman called me and, when my cell didn't have a signal, my wife several times. He said the GM was going to talk to Porsche to see if he could be re-imbursed for the price of fixing the bumper and the deal could still go through. Meantime, he's telling me that he's working a night job to put his kid through college. Of course, I, like any man who wishes he would have had his college paid for by someone else, had a little sympathy for this guy who's busting his *** trying to make the sale. I ended up calling him the next morning at 6:30 am. He said he would personally buy me a car cover ($200-300). I said fine, that's the only thing they needed to do, nothing else. He said he'd call me when he got to work.

He never called. So I called and he told me the GM was in a meeting and he would call me as soon as he was out in about an hour. No call. Several hours go by. I call the saleman again and he tells me the GM is walking down the hall this very minute and he'll call me within 10 minutes. No call. Hours go by. I call again at the end of the day, but now the salesman is not answering. I leave a message asking where we stand. The salesman doesn't return my call but instead sends an e-mail which cryptically says I need to speak to the GM for now on. THe GM calls me at the very end of the day. He acts like he's completely oblivious to the fact that the salesman and I have been in further contact. He said he sold the car within minutes of my leaving the night before. I apologized telling him I was led to believe by the salesman that the car was still on the market. I told him the salesman had my address and I requested again that my deposit be refunded. I cannot recall his response other than it was very short and the call ended.

I then e-mailed the salesman again expressing regret over the entire thing and gave him my address. After no check had arrived over the next week or two, I sent another e-mail. There was no reply (when I was trying to buy the car, replies to e-mails were almost immediate.) After another week or so had went by I started getting a little concerned, more from the tone of the GM than the time period elapsed, that they weren't going to freely give my deposit back. Thus the origin of this thread.

I'm not trying to rag on Lexington too much. They didn't damage the car. I think they did their best to fix it.

It's just when you don't do something in a time period that you indicated you would, act a little abrasively with your customers and don't return correspondence regarding several thousand dollars, people naturally get a little concerned. Again, as my last several posts indicate, I'm appreciative they ended up doing the right thing. I'm not trying to dissuade people from using them, as everyone should weigh not only my experiences but also those who have good luck with their service.

As far as I'm concerned, the matter is closed. As I said in my last letter to the GM, I extend to him and the salesman best wishes.
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Last edited by shnapps; 04-19-2008 at 08:17 AM.
  #79  
Old 04-19-2008, 09:04 AM
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Originally Posted by shnapps
There are two sides to every story, and while this thread is dramatic and damaging to the dealer, it is only half of the story.

I have used Porsche of Lexington on multiple occasions, both new car purchases and ongoing warranty and service work. They go above and beyond, and support the local PCA chapter wholeheartedly.

I had occasion to listen to the other side today...seems to me the dealer did everything they could to make the deal right, but in the end, the TWO parties could not agree.


In December, this same dealer sold me a GT3RS at msrp....a car they could easily have sold at market for 50k over. Find another dealer that was willing to do that in December '08.

A mishap/accident happened with this car and it was professionally repaired (saw it myself today, its not discernable). The dealer made an attempt at a reasonable adjustment on top of an already agreed upon concession on msrp.
Buyer wanted more than was considered reasonable, so the deal was dead. This dealer is in a smaller market area...trust me when I say they would have loved to have done the deal with the original prospective buyer who they specc'd the car for.

Like I said, two sides to every story, and while some of you may proclaim to warn all friends and family off this dealer, you will be doing them a disservice without knowing all the facts. I know I will continue to use them and recommend them for sales and service.


I agree to the above post to some degree. However, the dealer made absolutely no attempt for any adjustment beyond the previously agreed upon price of the car. Currently, I have another dealer who's offered an indentically spec'ed out 08 Turbo coupe (no history of a re-paint) for the same price I was asking that they agree to. Hard to say, therefore, that my offer was "unreasonable," at least from the buyer's perspective. And that price is thousands over what others on 6speed have apparently paid for a new car in this price range. In the end, however, I don't have any qualms with them wanting a certain price for the car. That's perfectly justified on their part. Just be straight-forward enough to admit that fixing a divet in the bumper and then re-painting the entire bumper might affect some buyers' views of the car, present your side of the story in a professional manner and, if a deal can't be struck, then part ways with a hand shake and no hard feelings. What I found objectionable is....

1. From the very moment the GM walked into the room he used a tone and body language as if he were a moment away from slipping into a rage. At one point, he jumped up and ordered the salesman to "tell that man to get away from the car" which was parked outside. The salesman, obviously sensing the same tension I did, ran, didn't walk, out. I turned around and saw some perfectly dressed man and his five year old son checking out the car. Didn't see them touch it at all. Tense. (The salesman conversely was perfectly pleasant during the entire process.)

I told the GM that if I had absolute certainty that the re-paint would hold up just as well as factory paint long-term and no potential buyer in the future would expect a discount from me if they knew the car's repair history, I would have paid the previously agreed-to price. I agree completely that the repair job looked perfect. However, I also know that I've picked up a car from an auto body shop before with a bumper that looked perfectly re-painted only to find the paint began peeling off within a few years. I shared that concern with them. I also told them that I had spoken with several regional Porsche dealers who told me the paint would "likely" be ok but I should expect some sort of price adjustment. I didn't tell him that many fellow 6speeders would also have qualms about taking the car (see earlier posts). Maybe the GM was completely right, maybe that paint will be on that bumper 10,000 years from now. But I didn't know that for sure and I didn't think it fair that I should accept a car with a question mark painted on its front end without some sort of gesture on their part.

2. Ah, but that's only the opening act....After getting up to leave I went to find the salesman. I expressed regret that we hadn't been able to come to terms. We shook hands. He told me he'd mail me my deposit "tomorrow." But on the way home, the salesman called me and, when my cell didn't have a signal, my wife several times. He said the GM was going to talk to Porsche to see if he could be re-imbursed for the price of fixing the bumper and the deal could still go through. Meantime, he's telling me that he's working a night job to put his kid through college. Of course, I, like any man who wishes he would have had his college paid for by someone else, had a little sympathy for this guy who's busting his *** trying to make the sale. I ended up calling him the next morning at 6:30 am. He said he would personally buy me a car cover ($200-300). I said fine, that's the only thing they needed to do, nothing else. He said he'd call me when he got to work.

He never called. So I called and he told me the GM was in a meeting and he would call me as soon as he was out in about an hour. No call. Several hours go by. I call the saleman again and he tells me the GM is walking down the hall this very minute and he'll call me within 10 minutes. No call. Hours go by. I call again at the end of the day, but now the salesman is not answering. I leave a message asking where we stand. The salesman doesn't return my call but instead sends an e-mail which cryptically says I need to speak to the GM for now on. THe GM calls me at the very end of the day. He acts like he's completely oblivious to the fact that the salesman and I have been in further contact. He said he sold the car within minutes of my leaving the night before. I apologized telling him I was led to believe by the salesman that the car was still on the market. I told him the salesman had my address and I requested again that my deposit be refunded. I cannot recall his response other than it was very short and the call ended.

I then e-mailed the salesman again expressing regret over the entire thing and gave him my address. After no check had arrived over the next week or two, I sent another e-mail. There was no reply (when I was trying to buy the car, replies to e-mails were almost immediate.) After another week or so had went by I started getting a little concerned, more from the tone of the GM than the time period elapsed, that they weren't going to freely give my deposit back. Thus the origin of this thread.

I'm not trying to rag on Lexington too much. They didn't damage the car. I think they did their best to fix it.

It's just when you don't do something in a time period that you indicated you would, act a little abrasively with your customers and don't return correspondence regarding several thousand dollars, people naturally get a little concerned. Again, as my last several posts indicate, I'm appreciative they ended up doing the right thing. I'm not trying to dissuade people from using them, as everyone should weigh not only my experiences but also those who have good luck with their service.

As far as I'm concerned, the matter is closed. As I said in my last letter to the GM, I extend to him and the salesman best wishes.
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The point is, the goal of this thread is not to get legal advice, you can get that by calling your own lawyer (you don't need to post a thread to figure out how to do that). The goal of this thread was to publicly damage the dealership by posting one side of the story, and to speed up the return of your deposit. From what I am told, you were offered additional compensation over the already agreed upon deal, but you demanded more....but then, that becomes a he said, she said.

I find it that you post that you did not intend to harm Porsche of Lexington. That was the entire intent of this thread.
 
  #80  
Old 04-19-2008, 11:22 AM
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Originally Posted by RufMD
The point is, the goal of this thread is not to get legal advice, you can get that by calling your own lawyer (you don't need to post a thread to figure out how to do that). The goal of this thread was to publicly damage the dealership by posting one side of the story, and to speed up the return of your deposit. From what I am told, you were offered additional compensation over the already agreed upon deal, but you demanded more....but then, that becomes a he said, she said.

I find it that you post that you did not intend to harm Porsche of Lexington. That was the entire intent of this thread.

Pretty basic situation really. The dealer felt like this guy was being unreasonable and dropped out of communication out of frustration, anger or who knows what. So the customer went public with his problem and forced them to capitulate. You can complain all you want about the drama and the damaging of their reputation but the truth is when your in business and you stonewall the customer and don't provide answers the customer starts looking for them somewhere else. The GM wasn't a lot boy. To not possess the basic skills needed to identify he had a problem brewing that needed to be resolved is his fault. He backed himself into a corner.
 
  #81  
Old 04-19-2008, 11:32 AM
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Originally Posted by XselR8
Pretty basic situation really. The dealer felt like this guy was being unreasonable and dropped out of communication out of frustration, anger or who knows what. So the customer went public with his problem and forced them to capitulate. You can complain all you want about the drama and the damaging of their reputation but the truth is when your in business and you stonewall the customer and don't provide answers the customer starts looking for them somewhere else. The GM wasn't a lot boy. To not possess the basic skills needed to identify he had a problem brewing that needed to be resolved is his fault. He backed himself into a corner.
In the end, as in most things, it was about money....and I'm not talking about the 5k deposit either. Should a dealer be held hostage over something they could not control (a pre-delivery ding) despite their best efforts to correct it cosmetically and monetarily ? I don't think so.

It is what it is, an internet hatchet job for personal gain...enough said about this one.
 
  #82  
Old 04-19-2008, 11:44 AM
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Originally Posted by XselR8
Pretty basic situation really. The dealer felt like this guy was being unreasonable and dropped out of communication out of frustration, anger or who knows what. So the customer went public with his problem and forced them to capitulate. You can complain all you want about the drama and the damaging of their reputation but the truth is when your in business and you stonewall the customer and don't provide answers the customer starts looking for them somewhere else. The GM wasn't a lot boy. To not possess the basic skills needed to identify he had a problem brewing that needed to be resolved is his fault. He backed himself into a corner.
There are always two sides to any story and the dealer could have posted their story but chose not to. This whole situation could have easily been avoided by just returning his deposit from the beginning.
 
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Old 04-19-2008, 11:52 AM
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Originally Posted by RufMD
In the end, as in most things, it was about money....and I'm not talking about the 5k deposit either. Should a dealer be held hostage over something they could not control (a pre-delivery ding) despite their best efforts to correct it cosmetically and monetarily ? I don't think so.

It is what it is, an internet hatchet job for personal gain...enough said about this one.
Or the customer re-gaining some leverage in order to have his money returned. Its all how you look at it. Its like tag and they were "it" By not engaging the customer they lost control of solving their own problem. Hatchet job? How about business? The Porsche dealer in question is in fact a business are they not? They made a business decision to leave this matter unresolved. The result was somewhat predictable from my experience.
 
  #84  
Old 04-19-2008, 12:16 PM
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RufMD, I understand what you are trying to say. However, after "hearing" both sides of the story, IMHO the dealer has no right **WHATSOEVER** to hold on to the deposit. I had a great great experience with my Porsche dealer and its GM so it's not like I am "anti-dealership." However, here my vote is schnapps 10, dealer 0.

The key to me is that the customer did NOT cause that initial event--the accident. It is entirely **HIS RIGHT** to make any offer! It doesn't matter if customer asks for 10k or 20k off. If the dealer thinks it unreasonable, then it is their right to cancel the deal, but without question deposit must be returned immediately. IMO a very poor business decision and inexcusable.
 
  #85  
Old 04-19-2008, 12:31 PM
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Originally Posted by RufMD
In the end, as in most things, it was about money....and I'm not talking about the 5k deposit either. Should a dealer be held hostage over something they could not control (a pre-delivery ding) despite their best efforts to correct it cosmetically and monetarily ? I don't think so.

It is what it is, an internet hatchet job for personal gain...enough said about this one.
I think you are being far too hard on the original poster. Of course there are two sides to every story. I just don't see how expecting your deposit returned in a timely fashion for an unconsummated transaction equates with "personal gain." I don't see how going public with your problem equates to a "hatchet job." The original poster even posted a follow-up stating the situation had been resolved and there were no hard feelings.

I think everyone realizes we were hearing one side of the story. It is possible the original poster provided a distorted view. It is also possible that you are the one providing a distorted view. Most of us will never know. In the end, if the dealership would have made the decision to simply give the buyer his money back, we would not even be talking about this.
 
  #86  
Old 04-19-2008, 02:14 PM
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Well put, Cannga. Whether the OP was reasonable or not regarding the original car, once the deal fell through, the dealer owes him the deposit back.
 
  #87  
Old 04-19-2008, 04:23 PM
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I'd have to agree with the last few posters.

OP ordered and paid a deposit on a new, undamaged car.

Car was not delivered in required condition.

As was his right, he rejected the vehicle and was entitled to return of his deposit barring any written agreement to the contrary (of which there was none).

He attempted to broker a new deal for a car in the then current (damaged and repaired) condition.

Terms couldn't be reached and the dealer, through his silence/delay, essentially refused to return the money to which the OP was entitled.

Anyone knows, the guy holding the money has the leverage. All the OP did was exert some counter leverage to help resolve the situation. I see nothing wrong with that provided he was truthful, and, in fact, in today's "connected" world, I expect it. It was not a hatchet job, just good negotiating.
 
  #88  
Old 04-19-2008, 04:37 PM
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Originally Posted by RufMD
In the end, as in most things, it was about money....and I'm not talking about the 5k deposit either. Should a dealer be held hostage over something they could not control (a pre-delivery ding) despite their best efforts to correct it cosmetically and monetarily ? I don't think so.

It is what it is, an internet hatchet job for personal gain...enough said about this one.
Doesn't the dealer have the right to respond here on 6speed? There are several dealers that are members here...while we've only heard one side of the argument, it's not like the dealer isn't permitted to respond openly either.
 
  #89  
Old 04-19-2008, 04:40 PM
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Dealer and buyer can't agree on deal
Buyer goes public.
Dealer returns deposit
Buyer is satisified
Dealer is not going to go out of business over this.
End of story.
 
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Old 04-19-2008, 04:42 PM
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Originally Posted by bbywu
Doesn't the dealer have the right to respond here on 6speed? There are several dealers that are members here...while we've only heard one side of the argument, it's not like the dealer isn't permitted to respond openly either.
Dealer has nothing to gain by responding on this board. In this case silence is golden. We'll all move on to another "he said, she said" soon enough and this incident will be forgotten.
 


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