Subaru BRZ = Order only?

[bestwheelbase]

Originally Posted by ashtray

This thread gives me a sad. (I can haz a sad?)
*snip*
I want the car this Spring, not next year!

I'm right there with ya bud.

Good points by all. You're right - it's a still a niche product. Which means niche market. Which means the demand won't really delay us normal folk from owning the car like we fear it might.

Patience patience.

[tranzformer]

Originally Posted by Zgrinch

I agree that the dealer could ultimately do what they want, that is why it is important to have the terms of the deal in writing and signed by Sales Manager and not a Sales Rep, as opposed to just having a verbal deal.

I have high expectations based on the fact that by having my deal in writing, my odds are pretty good that the dealer will honor it.

Did you have a lawyer look over the written agreement? Is it binding?

[Zgrinch]

Originally Posted by tranzformer

Did you have a lawyer look over the written agreement? Is it binding?

It is an official Subaru retail order form, typed up with my information, which states that the deposit is fully refundable, and that the price for the order will be $499 over invoice plus tax and tags, which is then signed and initialed by the Sales Manager, and myself. It also denotes my deposit check #, amount, and date the check was received.

I have a very close friend who is a big time lawyer here in Jacksonville, but honestly, I really am not concerned or worried that they are not going to honor this deal. They are the largest Subaru dealer in Florida and Dave knows the dealership better than I, but from all impressions I got, they seemed very straightforward in dealing with me. They were very clear right out of the gate about the no preorder issue, before I signed anything, and that the deal was not going to be extended to any more buyers, other than the initial three. I'm third on the list and will get to get first pick of any BRZ's that come in when the other two gentlemen have completed thier transactions.

In the very worst case, I also have a written quote from my local dealer, with no deposit, that they will sell me the car right at MSRP, and I'm #2 on that list.

So at this point I do not anticipate any issue in getting the car at the quoted price.

[Dave-ROR]

Originally Posted by tranzformer

Did you have a lawyer look over the written agreement? Is it binding?

I doubt it's binding.

The dealer can back out but it's really not in their interest if the dealer has any concern for their reputation. It's not like we could really damage them but just one lost sale and that decision to back out becomes a bad idea for them.

It made sense that they closed the deal after us.

[pithy_logorrhea]

[tranzformer]

Originally Posted by pithy_logorrhea

Hahaha, so true. So true.

Originally Posted by Zgrinch

It is an official Subaru retail order form, typed up with my information, which states that the deposit is fully refundable, and that the price for the order will be $499 over invoice plus tax and tags, which is then signed and initialed by the Sales Manager, and myself. It also denotes my deposit check #, amount, and date the check was received.

I have a very close friend who is a big time lawyer here in Jacksonville, but honestly, I really am not concerned or worried that they are not going to honor this deal. They are the largest Subaru dealer in Florida and Dave knows the dealership better than I, but from all impressions I got, they seemed very straightforward in dealing with me. They were very clear right out of the gate about the no preorder issue, before I signed anything, and that the deal was not going to be extended to any more buyers, other than the initial three. I'm third on the list and will get to get first pick of any BRZ's that come in when the other two gentlemen have completed thier transactions.

In the very worst case, I also have a written quote from my local dealer, with no deposit, that they will sell me the car right at MSRP, and I'm #2 on that list.

So at this point I do not anticipate any issue in getting the car at the quoted price.

Originally Posted by Dave-ROR

I doubt it's binding.

The dealer can back out but it's really not in their interest if the dealer has any concern for their reputation. It's not like we could really damage them but just one lost sale and that decision to back out becomes a bad idea for them.

It made sense that they closed the deal after us.

Thanks for explaining that guys. Really hope the best for you guys. Doesn't seem like you will have any problems as it appears to be a quality dealership. You just never know.

[Rabble]

If the dealer backed out of the deal then the most you could hope for would be to take them to small claims court to recoup the difference between what you paid at another dealer and what the original deal was for. They can't be compelled to sell you the car if they really don't want to, but they'd still get dinged in claims court. (IANAL)

[tranzformer]

Originally Posted by Rabble

If the dealer backed out of the deal then the most you could hope for would be to take them to small claims court to recoup the difference between what you paid at another dealer and what the original deal was for. They can't be compelled to sell you the car if they really don't want to, but they'd still get dinged in claims court. (IANAL)

Really? I'm no lawyer, but I assume that would be contingent on the original agreement/contract being binding? Probably not worth the lawyer fees to bring a dealership to court. In addition to lost time from work.

[Rabble]

You normally can't bring a lawyer into small claims court (you'd have to look up the rules for Florida). But there is a loss on the part of the buyer in a good-faith agreement so you should be able to recoup the difference if your argument was strong enough.

Small claims court is like Judge Judy (no lie), you just have to be nice and have convincing arguments.

[tachi1247]

Originally Posted by Zgrinch

It is an official Subaru retail order form, typed up with my information, which states that the deposit is fully refundable, and that the price for the order will be $499 over invoice plus tax and tags, which is then signed and initialed by the Sales Manager, and myself. It also denotes my deposit check #, amount, and date the check was received.

I have a very close friend who is a big time lawyer here in Jacksonville, but honestly, I really am not concerned or worried that they are not going to honor this deal. They are the largest Subaru dealer in Florida and Dave knows the dealership better than I, but from all impressions I got, they seemed very straightforward in dealing with me. They were very clear right out of the gate about the no preorder issue, before I signed anything, and that the deal was not going to be extended to any more buyers, other than the initial three. I'm third on the list and will get to get first pick of any BRZ's that come in when the other two gentlemen have completed thier transactions.

In the very worst case, I also have a written quote from my local dealer, with no deposit, that they will sell me the car right at MSRP, and I'm #2 on that list.

So at this point I do not anticipate any issue in getting the car at the quoted price.

Your deal is about as rock solid as yolu could hope for at this point seeing as how no price has been established and you don't want to be locked in to a car without having driven it first.

The only other thing you could hope for is a little more specificity like you get the first limited in blue, black, or red etc. This way you get the car you want unless you are planning to get whatever they have.

[Dave-ROR]

Originally Posted by tachi1247

Your deal is about as rock solid as yolu could hope for at this point seeing as how no price has been established and you don't want to be locked in to a car without having driven it first.

The only other thing you could hope for is a little more specificity like you get the first limited in blue, black, or red etc. This way you get the car you want unless you are planning to get whatever they have.

Since it's no preorders we all get called when cars come in, we can decide then if we want whatever is there or if we want to continue waiting.

[Tbxgz]

Originally Posted by Dave-ROR

Since it's no preorders we all get called when cars come in, we can decide then if we want whatever is there or if we want to continue waiting.

Still not sure if thats the case tho. All the dealerships I've talked to say SoA will be taking pre orders.

[Dave-ROR]

Originally Posted by Tbxgz

Still not sure if thats the case tho. All the dealerships I've talked to say SoA will be taking pre orders.

Well it's what the regional Subaru employees (not dealer, but SoA) have been saying around here. SoA has done this before so it's not completely shocking. I'm fine with either, honestly I'm kinda happy with the no preorders so I can see the cars first and decide lol

[Zgrinch]

Originally Posted by tachi1247

Your deal is about as rock solid as yolu could hope for at this point seeing as how no price has been established and you don't want to be locked in to a car without having driven it first.

The only other thing you could hope for is a little more specificity like you get the first limited in blue, black, or red etc. This way you get the car you want unless you are planning to get whatever they have.

I have given them a list of the trim level and color preferences

Limited

1. DMG
2. Black
3. Silver

So they will "attempt" to get my trim and color preference either through what they get allocated and shipped directly to them, or a transfer from one of thier other dealerships in Florida.

I'm not taking just any color, rather I will wait it out until I get one I like... I'm hoping they get a DMG shortly after the other two guys select thier cars.