USA GT2 @ MSRP, help?

Hey guys, I have had a GT2 on order for a year and a half now and it finally is here. However, my 360 spider that I was expecting to arrive in December just became available. Someone dropped out of buying a spider he ordered. They went down the list and called the next people on the wait list. Everyone else was willing to wait one to 4 months to spec out the car. I said heck ya I'll take the spider now instead of December (I liked the color). But, now I can't buy my GT2 and the dealer told me today if I don't buy it or find someone who will, they won't give me back my $10,000.00 deposit. Is this even legal? I assumed that if they eventually sell the car to someone else (probably for a premium) they would have to give me back my deposit. If anyone has legal advice please reply. Otherwise if anyone is interested in the car it is base with floor mats black/black $182,000.00 (I may give cash to whoever buys it). e-mail me [email removed]

Sorry thats not legal... your deposit should be refundable at any point.

[quote]Originally posted by Moogle: <strong>Sorry thats not legal... your deposit should be refundable at any point.</strong><hr></blockquote> It depends on the state in which you live. Some have laws on this this some don't. What state do you live in and is it illegal there?

oh vikken i assume your deleting my accidental double posts, thanks alot, and srry about that, i just started posting here and i didnt know that it took a few seconds before it accepted your post

I live in Florida but the car is in Missouri. I'm not sure if it's legal in either state and I don't know which state's law would cover this instance. I assume Missouri.

send these sob's a letter on attorney letterhead paper <img src="graemlins/soapbox.gif" border="0" alt="[soapbox]" /> almost all states give you 3 days to back out of a deal <img src="graemlins/bigok.gif" border="0" alt="[thumbsup]" /> you may want to consider selling your right to buy this car at msrp on ebay. i believe you have the right to reject it for 3 days after it arrives unless you contact specifically waives that right <img src="graemlins/c.gif" border="0" alt="[ouch]" />

[quote]Originally posted by Moogle: <strong>oh vikken i assume your deleting my accidental double posts, thanks alot, and srry about that, i just started posting here and i didnt know that it took a few seconds before it accepted your post</strong><hr></blockquote> I think my post was deleted as well. If this is the case, could I have an explanation of why that is. I'd hate to be breaking protocol without even knowing it.

[quote]Originally posted by Christer: <strong>I think my post was deleted as well. If this is the case, could I have an explanation of why that is. I'd hate to be breaking protocol without even knowing it.</strong><hr></blockquote> I don't know about any of your posts being deleted but I did delete a couple of Moogle's duplicate posts yesterday.

caneaddict, If it were me, I'd have gone for the GT2, but that's beside the point. Did your original agreement with the dealer stipulate that the deposit was refundable or non-refundable? That may be the key. <img src="graemlins/soapbox.gif" border="0" alt="[soapbox]" /> I don't know what the law says in Missouri, but as a matter of fairness, what is the point of a deposit if the dealer has to return it regardless of circumstances? As a gesture of good will or just good business relations, I can see where a dealership might agree to return your $10,000 due to a hardship issue of some sort. But why should they be expected to return the deposit on a very expensive vehicle that they ordered for you in good faith, only to have you decide to purchase a competitor's vehicle instead? I don't mean to be harsh, but that seems a bit ballsy. I wish you good luck with this and your new 360. (I'd still have gone for the GT2!)

I respect your opinion about the situation and I agree with you that the purpose of a deposit is to guarantee a sale for the buyer and seller. If I specially ordered the car, backed out, and they had to sell it for less, then they would be entitled (ethically not legally I think) to the difference. However, I have offered to have someone else buy the car at MSRP. Since I posted this several people have shown interest. But, now the dealer is telling me that I have to buy the car myself (not someone else) or I lose my deposit. That doesn't make sense because a sale is a sale.

By the way the buyers order does not stipulate if it is refundable or not.

So the issue is if you purchase and turn around and sell to another buyer, you have to eat the sales tax and the luxury tax....is that more or less than 10k....I think I know the answer....why not post on some other forums like Funcars, Turbo forum There is a solution if you have a week or so...

A little confused. What is your "solution"

Why don't you try calling the Missouri Automobile Dealers Association. Here is their info: Missouri Automobile Dealers Association 3322 American Avenue P.O. Box 1158 Jefferson City, Missouri 65102 Phone: [phone removed] Fax: [phone removed] <a href="http://www.mada.com" target="_blank">www.mada.com</a> I would assume that they could give you a straight answer as to Missouri law on deposits. If they don't know I bet they can point you in the right direction of who would know. It might take a few phone calls but at least it is a place to start. It seems that if the deposit is non-refundable they would have to tell you that before taking the deposit or at least have it in the "fine print" somewhere. The above is how I would start the investigation. I hope this helps. A4EP 2002 C4S Seal Grey/Black "co-waiter" on vessel

thank you. The information is greatly appreciated. At first I felt like the dealership may have a ethical point, but when I produced a ready and willing buyer and they scoffed, they lost all credibility with me.

[quote]Originally posted by caneaddict: <strong>At first I felt like the dealership may have a ethical point, but when I produced a ready and willing buyer and they scoffed, they lost all credibility with me.</strong><hr></blockquote> I think you really need to consult with a good contract lawyer post haste. There are some very old principles on the assignability of contracts that I forgot many years ago. I think you might be able to force the dealer to comply. By the way, would the dealer be willing to allow you to register the car in a corporate name? If so, maybe you could then transfer the corporation without further sales tax liability. Not sure. Sounds to me like this dealer wants to keep your deposit and then shop the car to the highest bidder. Greedy. S.

Darren offered you a solution.....what I was thinking that if you don't have an " assigns " clause, buy the Porsche jointly with a third party from your state and then title in the real end buyers name and fade away..... by the way it is highly unlikely that a deposit is not refundable unless so stated in your contract/agreement. Has the dealer meet all of his requirements in your purchase/order agreement? You might want to check.... Good Luck

Check out <a href="http://www.findlaw.com/11stategov/mo/laws.html" target="_blank">http://www.findlaw.com/11stategov/mo/laws.html</a> for Missouri law. Craig (L.A.)

Thanks to everyone, the dealer agreed to give back deposit once someone I brought them bought the car. Sadly the person who said he would buy it has backed out. Now I'm still stuck? Anyone want a $180,000.00 GT2 base Black/Black MSRP (or even discount).

Ahhhhh. caneaddict has just witnessed the "oh year, oh yeah, lemme at the car" attitude of fake buyers who fill prospective sellers with tremendous hope, only to have that very hope dashed when it comes time to REALLY consummating a sale transaction and ponying up the money. caneaddict, welcome to the club. As a purveyor of exoctics for some time, I can regale you of many a story of coming to the finish line with prospective buyers, only to hear one lame excuse after another when the check is to be handed over. Hey, this may be a good idea for a thread. As they say in the car business, it ain't over...until the money's in the bank. Best of luck trying to sell the car. Regards.