Revised Comments on Brandywine Porsche
#17
06-15-2007, 11:04 AM
Originally Posted by LARennsport
FACTS FACTS FACTS and more FACTS carry the day here....
Everyone, put emotion, Kyle and all that aside...just stick to the facts:
1. There was an offer by a sales agent of the company (total authority to do so)
2. There was acceptance by a bona fide buyer
3. There was consideration ($5k) doesn't matter that they didn't run card
4. There is a contract
NOTE: Don't care that there is not four corner contract paper here...enough paper and actions to meet needed criteria and confirm the parties intent to be bound.
As such, Brandywine needs to perform. They must get you the car you contracted for or cover with a like kind vehicle. (side note...a Turbo Cab doesn't fit...actually what a moron to think someone who wants to buy a GT3 would say "yeah, OK, I'll take the turbo cab!" We are all still pissed off the 3 has a sunroof!)...unless of course you're a flipper...you a flipper Mike?
Anyway, they should be working on a dealer trade and through PCNA to find your car. They don't need to fire anyone, they just need to perform. Pretty easy and if they have to eat a little $$ on the way...that's just part of their lesson. Heck...they should just "buy back" the blue 3 and eat it that way and get this closed.
Just a thought....
Everyone, put emotion, Kyle and all that aside...just stick to the facts:
1. There was an offer by a sales agent of the company (total authority to do so)
2. There was acceptance by a bona fide buyer
3. There was consideration ($5k) doesn't matter that they didn't run card
4. There is a contract
NOTE: Don't care that there is not four corner contract paper here...enough paper and actions to meet needed criteria and confirm the parties intent to be bound.
As such, Brandywine needs to perform. They must get you the car you contracted for or cover with a like kind vehicle. (side note...a Turbo Cab doesn't fit...actually what a moron to think someone who wants to buy a GT3 would say "yeah, OK, I'll take the turbo cab!" We are all still pissed off the 3 has a sunroof!)...unless of course you're a flipper...you a flipper Mike?
Anyway, they should be working on a dealer trade and through PCNA to find your car. They don't need to fire anyone, they just need to perform. Pretty easy and if they have to eat a little $$ on the way...that's just part of their lesson. Heck...they should just "buy back" the blue 3 and eat it that way and get this closed.
Just a thought....
All this touchy, feely stuff is fine and dandy, yet my solution: Sue them! Would this type of exchange be taking place if we were dealing with a home, or perhaps an organ transplant? I think not. While I only know about Texas law, the common law is similar in all states, and as such, i believe you have a legally enforceable contract. Either you demand specific performance, or seek liquidated damages.
#19
06-15-2007, 12:28 PM
By the way....isn't the Turbo Cab a bunch more $$ than the 3?
The old "bait and switch"...also illegal in every state in the Union...don't think the AG would like to hear about that old scam resurfacing...with P-cars nontheless!
The old "bait and switch"...also illegal in every state in the Union...don't think the AG would like to hear about that old scam resurfacing...with P-cars nontheless!
#20
06-15-2007, 12:43 PM
Whatever Kyle did, the buck stops elsewhere. GM is responsible for hiring, training and overseeing him and he and the dealership can and should be held liable for actions he takes on their behalf barring negligence.
I completely agree that there was agreement and consideration and that you could certainly try to compel them to perform or seek relief. Doubt that you will and I respect that. Not worth the hassle.
I believe Brandywine has already paid a price and may continue to be penalized and rightly so in the future by this "miscommunication".
I am not suggesting any action by the site owner/admin but boy some skeletons came out regarding the business practices of this sponsor that will keep me from buying any parts or services from them any time soon.
I completely agree that there was agreement and consideration and that you could certainly try to compel them to perform or seek relief. Doubt that you will and I respect that. Not worth the hassle.
I believe Brandywine has already paid a price and may continue to be penalized and rightly so in the future by this "miscommunication".
I am not suggesting any action by the site owner/admin but boy some skeletons came out regarding the business practices of this sponsor that will keep me from buying any parts or services from them any time soon.
Last edited by SD1; 06-15-2007 at 12:46 PM.
#21
06-15-2007, 12:45 PM
Originally Posted by LARennsport
..actually what a moron to think someone who wants to buy a GT3 would say "yeah, OK, I'll take the turbo cab!" We are all still pissed off the 3 has a sunroof!)...unless of course you're a flipper...you a flipper Mike?....
#23
06-15-2007, 12:55 PM
Sorry you did not get your car, but does getting a kid fired make you feel better? You got f*cked, it happens every day in this wonderful world of cars that we all love. The Gm sold the car out fromm under him. I bet he does not even have access to the credit card machine.
And for reference I have never spoke one word to Kyle or dealt with BW.
And for reference I have never spoke one word to Kyle or dealt with BW.
#24
06-15-2007, 01:01 PM
Originally Posted by blastr17
Sorry you did not get your car, but does getting a kid fired make you feel better? You got f*cked, it happens every day in this wonderful world of cars that we all love. The Gm sold the car out fromm under him. I bet he does not even have access to the credit card machine.
And for reference I have never spoke one word to Kyle or dealt with BW.
And for reference I have never spoke one word to Kyle or dealt with BW.
#25
06-15-2007, 01:03 PM
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#28
06-15-2007, 01:27 PM
That's such BS. They did throw him under the bus.
When they screwed me out of my RS, they said that my salesman, who had 30 years of sales experience, had no right to make a contract for their first car and that he never ran my credit card number so the contract, that I had in writing mind you, would not be honored becaused the owners had decided to keep both of their RS allocations for themselves. Well, TheDutchGuy, clearly acknowledged that the owners did not keep the 2 RS's and that they were sold to local buyers at MSRP. Now this mess with Mike and they are blaming Kyle because of his age.
So essentially there is no communication between management and the salespeople because this keeps happening and all they do is blame the salesman rather than to make sure it doesn't happen again.
Amir
When they screwed me out of my RS, they said that my salesman, who had 30 years of sales experience, had no right to make a contract for their first car and that he never ran my credit card number so the contract, that I had in writing mind you, would not be honored becaused the owners had decided to keep both of their RS allocations for themselves. Well, TheDutchGuy, clearly acknowledged that the owners did not keep the 2 RS's and that they were sold to local buyers at MSRP. Now this mess with Mike and they are blaming Kyle because of his age.
So essentially there is no communication between management and the salespeople because this keeps happening and all they do is blame the salesman rather than to make sure it doesn't happen again.
Amir
#29
06-15-2007, 01:54 PM
Join Date: Jul 2006
Location: Carlsbad, CA
Posts: 31
Rep Power: 21
Amir,
You may be correct but I checked with American Express and Brandywine Porsche never ran my card. Either Kyle lied about Brandywine's commitment to me or Kyle's immediate manager decided to sell the car himself to someone else. If that is the case then Kyle should quit anyway. I can simple say that I will never buy parts, a car or do anything else with Brandywine Porsche. The GM Frank Donateli is a smoozer. Aren't car dealers wonderful.
Mike
You may be correct but I checked with American Express and Brandywine Porsche never ran my card. Either Kyle lied about Brandywine's commitment to me or Kyle's immediate manager decided to sell the car himself to someone else. If that is the case then Kyle should quit anyway. I can simple say that I will never buy parts, a car or do anything else with Brandywine Porsche. The GM Frank Donateli is a smoozer. Aren't car dealers wonderful.
Mike
#30
06-15-2007, 01:58 PM
Welcome to the world of car sales men. Whether new or used, Kia or Ferrari, they are the lowest form of life known to mankind.
They don't care about you or me. It's get the car off the lot and in someones hand. Kyle nor the GM are getting fired. This is the way the game is played. I get sick everything I have to buy a car because I have to deal with these games and Aholes.
This same thing happened to me with a dealer years ago. Albeit with a Toyota truck, I wanted a specific color, we negationed a price on the phone, I drove 3 hours to the dealership to pick it up with girlfriend in tow to drive our car back home, only to find out he sold it in the three hours since we spoke. When I asked why he sold it knowing I was driving up to buy it, he said that he didn't know if I'd actually buy it or not and had a buyer in the show room that wanted it. I could have strangled the guy, luckily they found one on the back lot in the color I wanted or I would have had the same rant as the original poster.
A GT3 is more rare than a Toyota truck and I don't believe Brandywine at all when they say they're going to try to find him another car. They don't give a rats $ss about some guy 3000 miles away. And offering a Turbo Cab? The GM really must think this guy is a dumbass. They deserve all the negative publicity they get, but don't look for anyone to be fired, they're all jackels.
They don't care about you or me. It's get the car off the lot and in someones hand. Kyle nor the GM are getting fired. This is the way the game is played. I get sick everything I have to buy a car because I have to deal with these games and Aholes.
This same thing happened to me with a dealer years ago. Albeit with a Toyota truck, I wanted a specific color, we negationed a price on the phone, I drove 3 hours to the dealership to pick it up with girlfriend in tow to drive our car back home, only to find out he sold it in the three hours since we spoke. When I asked why he sold it knowing I was driving up to buy it, he said that he didn't know if I'd actually buy it or not and had a buyer in the show room that wanted it. I could have strangled the guy, luckily they found one on the back lot in the color I wanted or I would have had the same rant as the original poster.
A GT3 is more rare than a Toyota truck and I don't believe Brandywine at all when they say they're going to try to find him another car. They don't give a rats $ss about some guy 3000 miles away. And offering a Turbo Cab? The GM really must think this guy is a dumbass. They deserve all the negative publicity they get, but don't look for anyone to be fired, they're all jackels.