Texas Ferrari Dealership being Sued | FerrariChat

Texas Ferrari Dealership being Sued

Discussion in 'Ferrari Discussion (not model specific)' started by FerrariFR33458, Jan 17, 2020.

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  1. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,348
    Weston, MA
    Full Name:
    Paul
    I understand the dealership just offering to buy it, but they shouldn't be charging any commission. The point of a commission is you spent time marketing the car to a buyer or buyers. In this case they just offered to buy it themselves.

    Nevertheless, they should have notified the owners the day the car was wrecked.
     
    docf likes this.
  2. A348W

    A348W Formula 3

    Jun 28, 2017
    1,741
    North Wiltshire, UK
    “Tried to do the tight thing”. My ass!

    What is wrong with companies these days!
     
    Texas Forever likes this.
  3. Cigarzman

    Cigarzman F1 Veteran
    Owner Rossa Subscribed

    If they had a signed deal to sell the car who cares where the money comes from wrecked or not. In my world a deal is a deal . I’m sorry , I personally would have just said pay me and maybe ask for a favor down the road. But hey that’s how I operate, my word is my bond. I just see greed written all over this. Best ,Kirk.
     
    Red 27, kingp0820, G. Pepper and 4 others like this.
  4. Rifledriver

    Rifledriver Three Time F1 World Champ

    Apr 29, 2004
    33,736
    Austin TX
    Full Name:
    Brian Crall
    Can't read the whole story. Were they selling or consigning the car to the dealer prior to the crash?

    Unfortunately cars getting totalled at dealers is not that unusual. One Ferrari dealer I was at the owner, sales manager and shop foreman could not be covered by company insurance because of their driving records. Another because we had 2 big accidents involving lot boys would not cover anyone under 25.

    I went with an expired license for 2 years and the insurance never caught it. My grandfather, a motorcycle cop did it for his entire career so I figured it was no big deal.
     
  5. Cigarzman

    Cigarzman F1 Veteran
    Owner Rossa Subscribed

    Yes. I googled it and was able to read the full article. Give it a read to get the whole story. Best ,Kirk
     
  6. Rifledriver

    Rifledriver Three Time F1 World Champ

    Apr 29, 2004
    33,736
    Austin TX
    Full Name:
    Brian Crall
    Got it. I agree. It was was unfortunate way for it to happen but all they are owed is what they would have netted from the sale. The good news is it happened right away and it won't sit for who knows how long waiting for a buyer. I saw one very similar go down. The owner was notified and told a check would be coming right away for the agreed price.
     
  7. M. Brandon Motorcars

    Sponsor

    Sep 4, 2007
    1,759
    Houston, TX
    Full Name:
    Michael Foertsch
    I read the article. While they should have notified the owner what happened immediately, they could have followed that up with the fact that they are willing to still pay the seller net proceeds from the sale agreed to before the wreck. If they would have done that, any reasonable person would have said, great, it’s your problem now, give me my money and move on.

    Sounds like the car owner is trying to take advantage of the situation.
     
    Autolove, Red 27, G. Pepper and 3 others like this.
  8. Texas Forever

    Texas Forever Seven Time F1 World Champ
    Rossa Subscribed

    Apr 28, 2003
    75,391
    Texas!
    Hmm... using reasonable and Ferrari owner in the same sentence. Just kidding. :cool:
     
    technom3 and EastMemphis like this.
  9. SCEye

    SCEye F1 Rookie

    Aug 28, 2009
    2,950
    Norcal - Peninsula
    gonna disagree. If the dealer did find a buyer instead of crashing the car, the owner/seller would have netted the amount offered by the dealer. The effort the dealer takes to sell the car is immaterial.

    agreed with the transparency. The dealer should have notified them up front.
     
    daytona355 and Texas Forever like this.
  10. Thecadster

    Thecadster F1 Veteran
    Rossa Subscribed

    Apr 27, 2017
    6,705
    So the timeline is what’s in dispute correct? The article does not make plainly clear 1). When the buyer was found? 2). When seller found out about buyer? Perhaps, the dealer was not forthcoming about the accident because, knowing the seller, they predicted it would complicate the matter which is what happened. No excuse to not immediately disclose the accident, but certainly a plausible explanation for why they didn’t.
     
  11. vrsurgeon

    vrsurgeon F1 World Champ
    Silver Subscribed

    Dec 13, 2009
    15,872
    Charleston, SC
    Full Name:
    Curt
    Sounds like:
    - Owner consigns car to dealership for sale. Asks $234k
    - Kid wrecks car.
    - Dealership then pretends to be a buyer, negotiates the price down to $220ish and the Owner is happy. Says cut me a check for $220. They do.
    - They then tell him that it was in fact wrecked.
    - Owner then decided not to accept the check and decides instead to sue for more $$$
    - Owner then complains how he/they have to keep making payments for said car.
    - Lawsuit is ongoing.

    If it was me. I'd just take the check and then pay off what they owe on the car. Why drag things out? My time would be worth more than all the irritation of a lawsuit...
     
    Autolove, Red 27, technom3 and 5 others like this.
  12. Cigarzman

    Cigarzman F1 Veteran
    Owner Rossa Subscribed

    Curt , as I read it the dealership did not negotiate the price they only took out their commission. I agree , just move on and mark that car sold. Best , Kirk.
     
    Red 27, willrace and vrsurgeon like this.
  13. FerrariFR33458

    FerrariFR33458 Formula 3

    Aug 4, 2017
    1,258
    Wash DC Area
    Full Name:
    FR33
  14. Steinhart

    Steinhart Formula Junior

    May 21, 2019
    259
    Scottsdale, AZ, USA
    money, time and hassles aside, the dealer was not up front and totally transparent

    the owner should have been notified of the accident immediately

    the owner should have been allowed to negotiate directly with the insurance company regarding their property
     
    JaguarXJ6, daytona355 and Mikael-F360 like this.
  15. Cigarzman

    Cigarzman F1 Veteran
    Owner Rossa Subscribed

    Im not so sure I would want to negotiate with an insurance company, I think I would take the bird in hand that the client and the dealership agreed upon. Dealing with the insurance company could take months , lawsuits and who knows what else. I do agree that the dealership should have been transparent in the wreck. Best ,Kirk.
     
  16. Steinhart

    Steinhart Formula Junior

    May 21, 2019
    259
    Scottsdale, AZ, USA
    I agree Kirk, I would have taken that route myself

    however my point is the owner was never given the opportunity to negotiate the value of their property or even the knowledge of the wreck

    the dealer, being the consigner of the car, had only the authority to present offers to the owner, not conceal information of the car being wrecked or negotiating and finalizing the value with an insurance company
     
  17. PhilNotHill

    PhilNotHill Two Time F1 World Champ
    Owner

    Jul 3, 2006
    27,855
    Aspen CO 81611
    Full Name:
    FelipeNotMassa
    This will buff right out. Trust me.
     
    IloveGT likes this.
  18. G. Pepper

    G. Pepper Three Time F1 World Champ
    Rossa Subscribed

    Mar 15, 2012
    33,719
    Texas/Colorado
    Full Name:
    George Pepper
    My local dealership! Never heard of those owners, and I go to FCA meetings there.

    If the client got the money, what's the problem? I think they're trying to cash in.

    I don't know whether to believe the coverup story or not.
     
  19. colombo2cam

    colombo2cam Formula Junior

    Jan 31, 2019
    827
    Full Name:
    Ted
    weird story - should have been told this way -
    The good news is your car is sold and we got you what you agreed to on the consignment agreement!
    The bad news is the car is a few inches shorter!
     

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