Comments on: '99 Collectable Literature http://www.miatamazda.com/99-collectable-literature Fri, 03 Feb 2012 15:27:15 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: admin http://www.miatamazda.com/99-collectable-literature/comment-page-1#comment-6616 admin Fri, 26 Feb 2010 13:15:17 +0000 http://www.miatamazda.com/99-collectable-literature#comment-6616 <p>Those damn seagulls! <br /> </p><p>-- <br /> Thomas Beagle    '91 BRG <br /> Sapphire Technology Ltd <br /> thom...@sapphire.co.nz <br /> </p> Those damn seagulls!

–
Thomas Beagle    ’91 BRG
Sapphire Technology Ltd
thom…@sapphire.co.nz

]]> By: admin http://www.miatamazda.com/99-collectable-literature/comment-page-1#comment-6615 admin Fri, 26 Feb 2010 13:15:16 +0000 http://www.miatamazda.com/99-collectable-literature#comment-6615 <p>"Matt Owens" <mattow...@erols.com> wrote: <br /> <br />Btw, always write into the contract that the check must be held or put <br /> into Escrow until the car is delivered. Failure to deliver the car on <br /> the day that they promise is grounds to return your original, <br /> uncashed, undeposited check. That way they can't use your money until <br /> they produce the product. That should be standard in EVERYONE's <br /> negotiations! <br /> </p><p>The gene pool could use a bit of chlorine... <br /> </p><p>http://www.mindspring.com/~vdragon <br /> Remove *nolamers* to e-mail. <br /> </p> "Matt Owens" <mattow…@erols.com> wrote:

Btw, always write into the contract that the check must be held or put
into Escrow until the car is delivered. Failure to deliver the car on
the day that they promise is grounds to return your original,
uncashed, undeposited check. That way they can’t use your money until
they produce the product. That should be standard in EVERYONE’s
negotiations!

The gene pool could use a bit of chlorine…

http://www.mindspring.com/~vdragon
Remove *nolamers* to e-mail.

]]> By: admin http://www.miatamazda.com/99-collectable-literature/comment-page-1#comment-6614 admin Fri, 26 Feb 2010 13:15:15 +0000 http://www.miatamazda.com/99-collectable-literature#comment-6614 <p>"Matt Owens" <mattow...@erols.com> wrote: <br /> >I put down a $500 deposit on my '99 about a week ago.  The dealer promised <br /> >me the car in two weeks max.  I am getting nervous that he was just feeding <br /> >me a line.  I was talking to a co-worker today and she told me of an <br /> >incident where her car that she ordered came in and before she could get, <br /> >someone else bought it for more.  Does anyone think this could happen to my <br /> >car?  Also, if the car takes more than 2 weeks to get here, is my deposit <br /> >refundable?? <br /> <br />They do that sort of thing all the time.. You would have recourse IF <br /> you managed to write out a nice contract. You DID write a contract <br /> didn't you? Also the $500 deposit should be refundable regardless with <br /> provisions that outline how much past the 2-weeks other factors will <br /> come into play. IE: the vehicle is not presented to you in two weeks. <br /> Why? Unforseen event (truckers strike, boat delayed, etc.) Okay. They <br /> can't help that. Three weeks goes by and there have not been any sort <br /> of problems on Mazda's end but they just haven't gotten around to <br /> getting your car to you yet. That is grounds not only for termination <br /> of the contract but punitive damages, etc. You start writing these <br /> things into the contract and you WILL get your car on time.  There are <br /> a variety of options you can put in there that are less drastic but no <br /> less valid. How about a year's free service (regardless of milage) if <br /> they fail to fulfill their end of the contract? Extra options on the <br /> car? The price gets renegotiated or the interest rate or what have <br /> you. I've used all the above with success and only had one case that <br /> nearly went to court. (they bowed at the last moment and settled, the <br /> case was a Z28 6-speed that they didn't want to get in the first <br /> place). <br /> </p><p>Buyer beware, but with the proper forthought you can take the <br /> advantage. <br /> </p><p>The gene pool could use a bit of chlorine... <br /> </p><p>http://www.mindspring.com/~vdragon <br /> Remove *nolamers* to e-mail. <br /> </p> "Matt Owens" <mattow…@erols.com> wrote:
>I put down a $500 deposit on my ’99 about a week ago.  The dealer promised
>me the car in two weeks max.  I am getting nervous that he was just feeding
>me a line.  I was talking to a co-worker today and she told me of an
>incident where her car that she ordered came in and before she could get,
>someone else bought it for more.  Does anyone think this could happen to my
>car?  Also, if the car takes more than 2 weeks to get here, is my deposit
>refundable??

They do that sort of thing all the time.. You would have recourse IF
you managed to write out a nice contract. You DID write a contract
didn’t you? Also the $500 deposit should be refundable regardless with
provisions that outline how much past the 2-weeks other factors will
come into play. IE: the vehicle is not presented to you in two weeks.
Why? Unforseen event (truckers strike, boat delayed, etc.) Okay. They
can’t help that. Three weeks goes by and there have not been any sort
of problems on Mazda’s end but they just haven’t gotten around to
getting your car to you yet. That is grounds not only for termination
of the contract but punitive damages, etc. You start writing these
things into the contract and you WILL get your car on time.  There are
a variety of options you can put in there that are less drastic but no
less valid. How about a year’s free service (regardless of milage) if
they fail to fulfill their end of the contract? Extra options on the
car? The price gets renegotiated or the interest rate or what have
you. I’ve used all the above with success and only had one case that
nearly went to court. (they bowed at the last moment and settled, the
case was a Z28 6-speed that they didn’t want to get in the first
place).

Buyer beware, but with the proper forthought you can take the
advantage.

The gene pool could use a bit of chlorine…

http://www.mindspring.com/~vdragon
Remove *nolamers* to e-mail.

]]> By: admin http://www.miatamazda.com/99-collectable-literature/comment-page-1#comment-6613 admin Fri, 26 Feb 2010 13:15:14 +0000 http://www.miatamazda.com/99-collectable-literature#comment-6613 <p>A deposit is pretty standard in the industry.  It protects the dealer from <br /> idiots who come in and order a car and then decide they have changed their <br /> minds after the dealer has paid to ship a specially ordered new car. <br /> Sometimes a dealers costs can range as high as $2000 between shipping <br /> prepping licensing etc (not to mention any dealer add ons you asked for). <br /> So needless to say a $500 deposit is only fair.  Most sales contracts <br /> include in the fine print a time stipulation whereas the contract is only <br /> good if delivery takes place within a certain time frame.  If you must have <br /> the car within two weeks you should not have been afraid to have that <br /> written into the contract.  You would be surprised the conditions I have <br /> seen written into contracts.  More than anything deal with a reputable <br /> dealer.  You will find the savings of a couple of dollars on your payment at <br /> shady Harry's new dealership small consolation when you get screwed.  Good <br /> Luck <br /> Judy:) <br /> </p> A deposit is pretty standard in the industry.  It protects the dealer from
idiots who come in and order a car and then decide they have changed their
minds after the dealer has paid to ship a specially ordered new car.
Sometimes a dealers costs can range as high as $2000 between shipping
prepping licensing etc (not to mention any dealer add ons you asked for).
So needless to say a $500 deposit is only fair.  Most sales contracts
include in the fine print a time stipulation whereas the contract is only
good if delivery takes place within a certain time frame.  If you must have
the car within two weeks you should not have been afraid to have that
written into the contract.  You would be surprised the conditions I have
seen written into contracts.  More than anything deal with a reputable
dealer.  You will find the savings of a couple of dollars on your payment at
shady Harry’s new dealership small consolation when you get screwed.  Good
Luck
Judy:)

]]> By: admin http://www.miatamazda.com/99-collectable-literature/comment-page-1#comment-6612 admin Fri, 26 Feb 2010 13:15:13 +0000 http://www.miatamazda.com/99-collectable-literature#comment-6612 <p>Matt Owens wrote: <br /> </p><p>> I put down a $500 deposit on my '99 about a week ago.  The dealer promised <br /> > me the car in two weeks max.  I am getting nervous that he was just feeding <br /> > me a line.  I was talking to a co-worker today and she told me of an <br /> > incident where her car that she ordered came in and before she could get, <br /> > someone else bought it for more.  Does anyone think this could happen to my <br /> > car?  Also, if the car takes more than 2 weeks to get here, is my deposit <br /> > refundable?? <br /> <br />Yes, it could happen to your car.  No, it probably won't (dealers <br /> usually recognize the need to keep customers they've already got, <br /> rather than lose a customer and all his friends/relatives by screwing <br /> him/her).  If you're nervous about it, talk to your sales rep.  Tell <br /> him your concern.  Make it clear to him that you're afraid this might <br /> happen...he'll be all the less willing to do it to you if he knows <br /> you're aware of the possibility.  The more open and frank your dialog <br /> with the dealership, the more pleasant your purchase experience is <br /> likely to be.  Hell, if he knows you're so excited about taking <br /> delivery, he just may offer you a similar Miata on the lot (perhaps a <br /> different color, or with better options) at the same price.  Dealers, <br /> like any other business person, get excited when you get excited about <br /> their product.  They can be quite eager to please, under the right <br /> circumstances. <br /> </p><p>As for the deposit being refundable, did you sign anything to that <br /> effect?  If you didn't sign anything, the best case is that it's <br /> completely nonrefundable under any circumstances.  The worst case is <br /> they "didn't get it".  I hope you paid by check and not cash.  Asside <br /> from the long-shot that a dealer would deliberately cheat you, <br /> clerical errors do happen...and a cancelled check fixes most of them. <br /> </p><p>If you did sign something, your chances of a refund are exactly as <br /> spelled out (or not spelled out) in what you signed.  No more, no <br /> less.   <br /> </p><p>If you're asking if there's any practical legal argument for them <br /> returning your deposit, then no, there isn't, unless you've got <br /> something state specific (unlikely, though).  If they don't deliver <br /> the car within a year or so, you MIGHT have a case for breach of <br /> verbal contract (if your state even has such a statute, and if it's <br /> even practically enforcable).  If it takes them three months, you'll <br /> just have to wait. <br /> </p><p>Of course in our litigous society, you can take anything to court. <br /> Unfortunately, it would cost you a heck of a lot more than $500 to do <br /> so. <br /> </p><p>Good luck, and congratulations! <br /> </p><p>Scott <br /> campb...@interaccess.com <br /> </p> Matt Owens wrote:

> I put down a $500 deposit on my ’99 about a week ago.  The dealer promised
> me the car in two weeks max.  I am getting nervous that he was just feeding
> me a line.  I was talking to a co-worker today and she told me of an
> incident where her car that she ordered came in and before she could get,
> someone else bought it for more.  Does anyone think this could happen to my
> car?  Also, if the car takes more than 2 weeks to get here, is my deposit
> refundable??

Yes, it could happen to your car.  No, it probably won’t (dealers
usually recognize the need to keep customers they’ve already got,
rather than lose a customer and all his friends/relatives by screwing
him/her).  If you’re nervous about it, talk to your sales rep.  Tell
him your concern.  Make it clear to him that you’re afraid this might
happen…he’ll be all the less willing to do it to you if he knows
you’re aware of the possibility.  The more open and frank your dialog
with the dealership, the more pleasant your purchase experience is
likely to be.  Hell, if he knows you’re so excited about taking
delivery, he just may offer you a similar Miata on the lot (perhaps a
different color, or with better options) at the same price.  Dealers,
like any other business person, get excited when you get excited about
their product.  They can be quite eager to please, under the right
circumstances.

As for the deposit being refundable, did you sign anything to that
effect?  If you didn’t sign anything, the best case is that it’s
completely nonrefundable under any circumstances.  The worst case is
they "didn’t get it".  I hope you paid by check and not cash.  Asside
from the long-shot that a dealer would deliberately cheat you,
clerical errors do happen…and a cancelled check fixes most of them.

If you did sign something, your chances of a refund are exactly as
spelled out (or not spelled out) in what you signed.  No more, no
less.  

If you’re asking if there’s any practical legal argument for them
returning your deposit, then no, there isn’t, unless you’ve got
something state specific (unlikely, though).  If they don’t deliver
the car within a year or so, you MIGHT have a case for breach of
verbal contract (if your state even has such a statute, and if it’s
even practically enforcable).  If it takes them three months, you’ll
just have to wait.

Of course in our litigous society, you can take anything to court.
Unfortunately, it would cost you a heck of a lot more than $500 to do
so.

Good luck, and congratulations!

Scott
campb…@interaccess.com

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