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Dealer markup $10,000 and refusal to honor agreement at MSRP

brucewinter

brucewinter

Contributing Member
Joined
31 October 2003
Messages
245
Location
Delray beach
just to let you know, I have engaged an attorney (I am one) to represent me, to "force" Delray Acura to honor my agreement made in 2000 for the purchase of a second generation nsx at msrp, and be # 1 on the list. All in writing and $500 deposit, non refundable made on American Express.

They acknowledged the #1 position, but want to "gouge" me $10,000 for the privilege.
 
That's bullshit man. Good luck in the fight. Hit em hard! I think these new cars will fetch much closer to 300k not 200k.
At least that should drive up prices on the older model I hope.
 
Ha. I live in Delray and have purchased four Acuras in the past 15yrs from Palm Beach-Napletons Acura. I will never step foot into Delray Acura and I still drive up to WPB to get my RLX serviced.

In two words: They suck.
 
Back in 1991, the original owner of my NSX paid $23k over list to be one of the first NSX owners. For cars in high demand it is a regular practice by dealers. It isn't right, but it regularly happens..

good luck...
 
If it makes you feel any better, yesterday I was offered to be first on the list at a Chicagoland dealer with a $50K market adjustment.

Today I found an out of state dealer to give me their third slot at list and took that deal.
 
I have spoken with multiple dealers in the Midwest and all of them were talking about market adjustments until I found the dealer I am going with.

The problem is there are a lot of folks who want the latest thing and don't care about getting hosed to get it.

I think the bulletproof nature of the NSX will attract a lot of "tech worker" buyers with thick stock option stacks of dollars and give the stealerships fuel to fan their ugly flames.
 
I'm selling all the 4 we are getting for MSRP. I don't believe in selling cars over sticker but can understand why dealers do. If your in FL, I'd suggest checking out Esserman Acura as they are getting 10 for some reason. Allegedly Acura wanted the cars in a "HOT" climate where they would be out and about, and driven so people would notice them. Nightclubs, Cars and Coffee meets and various other events.
 
my research is leading me to believe all first year allotment cars are spoken for, and if lucky, at MSRP

Esserman is fully subscribed at msrp; so is Rick Case, and west Palm Beach Acura.

I have instructed my lawyer to send a legal letter, followed by a law suit for specific performance.

- - - Updated - - -

Anyone have an opinion about this order for the 2nd Generation NSX at MSRP. why is Delray Acura being untrustworthy?
 

Attachments

  • nsx.purchase.order.pdf
    60.3 KB · Views: 301
Bruce,

Sorry for this situation

i read the document and saw no agreement that they would sell at list or give you the first allocation

the value box that says MSRP is light on details, I.e. Tough to get a judgement on

the customer requests the first one does not state the dealer agrees to deliver the first one to you

from the crap going on, I get my dealer to email me saying I will get their third car allocated and that it will be sold to me for MSRP and I put $1k down
 
I don't think you can make a deposit on an NSX in 2000 and then leave it to the dealer to make sure you get a car.
The agreement would need to be followed up with the dealer's GM regularly to ensure it is deemed valid by both parties and updated when new info comes out.

Did you visit the dealer regularly to reinforce your #1 position?
Why didn't you get an updated agreement drawn up once it was clear Honda was proceeding with a new NSX?

From the other side of the coin if you had changed your mind about a new NSX and the dealer came after you to complete the deal now, as an attorney you could point out, as RSO34 did, the holes in the agreement and so it is not binding.

Sounds like you knew you had a loose agreement, were not sure about the new NSX back in the day, and left the paperwork loose in case you wanted to back out.
Regardless of the quality of the agreement, you don't seem to have a track record of dealer visits, calls, updated paperwork etc.
In short no sign of clear intent on your part to complete.
Good luck in court.
 
The Kid said:
I'm selling all the 4 we are getting for MSRP. I don't believe in selling cars over sticker but can understand why dealers do.
Click to expand...

Kudos to you!

I've always believed dealerships made significantly more profit thru dealer add-ons (like undercoating gen-1 aluminum NSX's...), financing, trade-ins, service, etc. If true, doesn't $10k seem like a drop in the bucket with a pretty poor ROI when it costs the dealership a half dozen pissed-off gen-2 shoppers who storm away, talk dirt on the dealership to anyone who will listen, and who are sure to never return as a paying future repeat customer?
 
Just go back in a few months and you'll be able to pick one up for way below invoice.

- - - Updated - - -

brucewinter said:
Anyone have an opinion about this order for the 2nd Generation NSX at MSRP. why is Delray Acura being untrustworthy?
Click to expand...

My opinion is that you're a numbnuts for posting the invoice with your personal, identifying information not only on the Internet, but in a message board discussing a car that costs more than most people's homes!

Did you get your JD by mail from Indonesia?

Unfucking believable!

- - - Updated - - -

Bricks and Bio said:
If it makes you feel any better, yesterday I was offered to be first on the list at a Chicagoland dealer with a $50K market adjustment.

Today I found an out of state dealer to give me their third slot at list and took that deal.
Click to expand...

Are you sure you understood the dealer correctly? Perhaps they were offering you a $50K discount! :)
 
Hugh, I understood him just fine (I believe it was the son of one of the bigger private dealer groups around here). The regular sales guy called today to follow up and I let him know I took my business elsewhere.

Today the sales guy from the dealer I was originally working with called with another useless update. No allocation for them to order from today. As has been mentioned elsewhere, Acura is dropping the first cars in sunny states like FL and CA. He didn't even know what the market adjustment they would ask would be. He did mentioned that they had a customer willing to pay $80k over list to get a car with an extremely low VIN number. Since they are not in control of that, they didn't know if they could cover the request and capture the extra coin from that guy.

Both guys today were surfing for what I was being told about pricing and wanted to know which dealer was doing the cars at list. That question wen unanswered.
 
RSO 34 said:
You put a deposit on a 2002/2003 2nd Generation NSX. That car was never made. You don't have a binding contract for a 2017 NSX.
Click to expand...

Wasn't the 2002-2005 NSX a 2nd generation with the exterior updates and NA2 designation. In 2000 when the deposit was placed it conceivably been for the 2002 model.

Either way, 16yrs is a long time to wait. LOL.
 
Legal Breach of Contract Letter

Just to respond to some of your opinions and thoughts, I have been in communication with the dealer multiple times since 2000. The bookkeeper acknowledged my deposit many times, and I was reconfirmed as #1 on their list. The game being played was that I could never get a response to confirm MSRP, until now with the $10,000 premium.

See below:

Bruce, as we discussed we have your deposit and as a courtesy we will be happy to recognize you as #1 to order the NSX. However your buyers order and original deposit was clearly for a 2002/2003 NSX which you declined to purchase. Please advise if you would like to start the process of building a car I'm asking 10K above MSRP.
Regards,
Kevin
 

Attachments

  • Delray Acura letter - B. Winter 2.26.16 (2).pdf
    128 KB · Views: 100
This looks more like a contract for the 2002 model where the headlights were changed. Agreeing with DocL.

Did they offer one of those to you and with you declining?

If that was the case, time to buy a new paddle as you don't have one now
 
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brucewinter said:
I have been in communication with the dealer multiple times since 2000. The bookkeeper acknowledged my deposit many times, and I was reconfirmed as #1 on their list. The game being played was that I could never get a response to confirm MSRP, until now with the $10,000
Click to expand...

Still don't understand, if you were in contact with the dealership in recent times, why you didn't get a revised agreement clearly stating it was for a 2017 NSX at MSRP.

Their position sounds like they viewed the agreement was for a 2002+, they offered one, and you passed.

If you visited the dealer after you passed on a 2002+, then wouldn't you have wanted a new clear revised agreement?
If they agreed to a new agreement after 2002, but wouldn't confirm MSRP, wouldn't that have been the time to bring it to a head, not now?
Sounds like the dealership never committed to MSRP on a 2017 NSX in writing to you, but are willing to meet you halfway with a #1 delivery position, albeit at a premium.

As an attorney isn't your work all about dealing with the finest of details, boilerplate, crossing every T and dotting every I, and so on?
Some of that seems to be missing in your case so far.
 
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