Class Action Lawsuit

[DantKR]

Originally Posted by ichitaka05

Do you have any car that you know that CAL stopped the production? I can't think of any. Cuz company make some excuses to make it sound like company is the one stopping the production.



Depends on area/state you live

I don't know of one. I was just going based off your scenario lol.

[8brz]

lol I love forums. For the record, I have never filed a law suit of any kind. Not even small claims. I registered with Subaru in November 11 to be updated, participated in the survey, and immediately after Subaru notified me it was time to pre order, I did that and was first at my local dealer. I don't know what else I could have done. Aside from paying hundreds to thousands more to acquire the car.

[M-17]

That is all.

[trackmagic]

Frivolous Lawsuit?

[2pt5RS]

You joined this community today...only to post a potential law suit against a company that did nothing wrong. You sir, are a troll.

Make sure you get this moron to represent you. http://en.wikipedia.org/wiki/Charles_Carreon

[wu_dot_com]

Originally Posted by 8brz

lol I love forums. For the record, I have never filed a law suit of any kind. Not even small claims. I registered with Subaru in November 11 to be updated, participated in the survey, and immediately after Subaru notified me it was time to pre order, I did that and was first at my local dealer. I don't know what else I could have done. Aside from paying hundreds to thousands more to acquire the car.

you should have done your home work.

i had to search the forum. we had to join GB, we had to switch dealers. we know the pre order date before the pre order.

we switch dealers becuase they were dishonest.

[eikond]

Originally Posted by trackmagic

Frivolous Lawsuit?

More like: Stupid Lawsuit... that would never make it to court in the first place.

To have a case you have to prove damages. Being dissapointed that you haven't been able to buy a car yet is not damage. Subaru gave basic information about their allocation process in Feb. They said each dealership would get a certain number of cars per year and they gave zero promise as to when those cars would arrive.

There are BRZ's for sale.. you might have to suffer through a road trip to get one.. but you can get one.

Even if you couldn't get one.. you still don't have any damages against you. Not being able to purchase something is not damage.. unless it's a medical item requried to keep you alive and healthy. Even then.. it's an iffy case.


I suggest you relax a little.. You have options.. 1.) Fly somewhere and drive a BRZ home. 2.) Hire a transport service to bring you a car. 3.) Find an FRS instead. 4.) Wait patiently until Subaru fulfills your order. 5.) Find another dealership that might get one sooner. 6.) Go buy a different car.

[Lonewolf]

Sorry guys, I just got back from chasing ambulances...did someone mention lawsuit?!

[Spaceywilly]

Originally Posted by 8brz

I like many others have followed Subaru's Survey, Pre-Order deposit procedure. I think we all agree that it has been an effort in futility for the most part. I pre-ordered my car on march 7, and I just finished a week of conversation with SOA. They still say november ever though there are cars
for sale at other dealers.
I intend to contact my local TV consumer advocates to see if media attention will help in any way.
I was also wondering if anyone feels the pre-order process might be in violation of contract law. Class action suit. They should be forced to fill pre-orders first! Any attorneys out there have a take on this approach?

Did you sign a contract saying you would get the car by a certain date? If you didn't then there is no violation of contract law and no lawsuit. Good luck selling your "I ordered a brand new car and it's going to be 6 months late" sob story to the media, it's not like there are more important things going on in the world right now.

[Dave-ROR]

Originally Posted by ngabdala

Give it a shot.

Some preorders are a contract to buy, you just have to look at the *contract*

There are many people that don't have the BRZ that would jump on the bandwaggon. All you could do is present it to a lawyer, he'll do the research, and if it seems like a good chance that the case is a win and he will make at least 1/3 of the settlement amount he will then take the case. Keep in mind you'll probably get 1/10th back for every dollar you deposited.

I believe Subaru of America could have done things differently, but the problem is the dealerships for *MOST* people, not all people.

High volume dealerships as someone mentioned is a very good idea. That's what I did. In the end, I lost my job and just started a new one so I didn't have the funds or stability of income. I need to make sure I'm still in this job a year from now and that my income is stable before I purchase/preorder a car.

It was very important for me to get in clear writing on my preorder contract that the deposit is refundable. Thank God I did that. I could see someone being so excited that they know *no matter what* they are getting a BRZ and don't need the deposit refundable but life is unpredictable. Jobs, health, death of loved ones, etc.

Make sure your deposit is refundable. Then search your region that still has the BRZ in inventory. Get your deposit back and snag the one you find, the one that is coming shortly, or the one that was a cancelled preorder.

I think you and the OP are missing some important details here.

First let's assume that the pre order is in fact a contract to purchase a vehicle that is unbreakable (which isn't true, but let's assume it is).

The contract is with the *dealership*, not Subaru of America, SDC, SNE, etc. The pre order did NOT include a delivery date, which means the contract has *not* been breached. The car will be delivered as per ithe defined schedule which was released to dealers (and indirectly to the rest of us) in February.

Not to mention the completely pointless nature of a CAL (unless you are a lawyer anyways).

Cliff Notes: No contract really exists, and even if it does, it hasn't been breached.

[Draco-REX]

Originally Posted by 8brz

lol I love forums. For the record, I have never filed a law suit of any kind. Not even small claims. I registered with Subaru in November 11 to be updated, participated in the survey, and immediately after Subaru notified me it was time to pre order, I did that and was first at my local dealer. I don't know what else I could have done. Aside from paying hundreds to thousands more to acquire the car.

What you could have done is RESEARCH. Info on how the allotments were being handled was available BEFORE orders were open. It was VERY clear that dealership allotments were being dolled out from May to November. If your dealership is only getting one or two, they could arrive at any point in that 7 month stretch.

It's not Subaru's fault you didn't do your homework. They can't come to your house and click the mouse for you. That's your responsibility. And crying "Class Action" just makes you look like spoiled child stamping his foot because he can't have his new toy NOW NOW NOW.

Man up. If dealerships have BRZs on their lot, get your deposit back and go buy one of those. Or you could even talk to your dealership, explain that there are BRZs on lots in your area and ask them to see if they can work a trade to get one.

There are solutions that don't involve running to your lawyer and demanding someone else pay for your frustrations.

Damn litigious society is ruining everything.

[Dave-ROR]

Originally Posted by 8brz

lol I love forums. For the record, I have never filed a law suit of any kind. Not even small claims. I registered with Subaru in November 11 to be updated, participated in the survey, and immediately after Subaru notified me it was time to pre order, I did that and was first at my local dealer. I don't know what else I could have done. Aside from paying hundreds to thousands more to acquire the car.

I paid less than MSRP and have had my car since May..

Research your local dealers better, find out their allocations, etc. Poor choices on your part do not constitute a frivolous lawsuit against Subaru.

[Tbxgz]

Originally Posted by 8brz

I registered with Subaru in November 11 to be updated, participated in the survey, and immediately after Subaru notified me it was time to pre order, I did that and was first at my local dealer. I don't know what else I could have done. Aside from paying hundreds to thousands more to acquire the car.

Just to give you some perspective; I put my first deposit down around October of 2011. Then at another in December/January. At that point I was 3rd in line. Someone on this forum posted that they put a deposit down in APRIL of 2011. Saying you registered with Subaru in November is like saying you did your christmas shopping on christmas eve.

btw I also paid well below msrp.

[SkullWorks]

its funny how high and mighty those of you with cars already are.

I have the #1 spot at my dealer order processed 3/1/12 and have NOT received my car, it is frusterating, several companies that wanted to use my car for fitment and R&D have had to move on because I still haven't gotten my car, I ordered mine for the purpose of parts development, but since I have no clout with Subaru (nissan guy) I didn't get preferential placement like some of you with your nose in the clouds...

is this guy whining too loud? maybe, are moderators with special preference being snobby helping...decidedly not