"June production is now in progress. Your 350Z is on the assembly line as you are reading this update...just the way you ordered it. Estimated time of arrival is September 2002...we will keep you updated as we receive further details from Nissan headquarters."

Also a line that says they'll hold the vehicle for me for 72 hours...

 

That 72 hour thing doesn't sound good to me. Does it mean if you are out of town and you don't get down there within 72 hours, they are going to sell it out from underneath you. THAT WOULD BE BAD. Does that mean they won't let you pick up the Z until they have kept it for 72 hours and driven gawd knows how many miles, and let how many of their friends sit in it. THAT WOULD BE BAD. Either way that 72 hour thing sure sounds like bad news to me.

 

Robbyn, has the buyer not entered into a contract with the seller by giving them deposit and having the deposit accepted? No mention of the 72 hours requirement was made in my buyers order.

 

Hey Kevin,

What does that 72 hour hold mean?

I was plannning on a vacation the last two weeks in August..what if it comes in earlier than expected..I know..I'll give you the check and you can pick it up for me...

What are you....new?

 

Yes BUT . . . it depends on what the agreement says and also the laws of the state he is in. Assuming 72 hours isn't in his agreement the dealer would probably be on thin legal ice if he sold the car to someone else...BUT the dealer could argue that the buyer breached the contract by not providing the rest of the money in less than 72 hours. Now that is a weak argument, but there is a point: 1 day? 1 week? 1 month? 1 year? when if the buyer hadn't offered the rest of the money he would be in breach. I'm sure a court would find 1 day not being enough to find a breach and 1 year would be a clear breach, as far as 3 days probably not a breach, but the problem is Kevin is going to have to hire someone like me to force the dealer not to breach and we aint cheap (how do you think I can afford this car.) In addition, even if Kevin wins his suit he probably would just get the right to purchase the same car in the future plus some damages for having to wait a few extra months. Most dealers know that most people won't bother. BTW -- one of the reasons I went to law school: it is a lot harder for people to F&CK with you, if you are a lawyer.

 

So, as they say, the only winners are the lawyers.

Thanks Robbyn

 

72 hours is common in many things, it's also widely known as a "3-day writ of recision".

Generally, the law works like this. If you're shopping for something, say a house, and somebody else makes an offer to purchase it while you have it "on hold", you have two choices:

1. match the offer w/i 72 hours
2. walk away

So, one could view the Z contract as such. You have put $1000 down, saying you're going to pay the rest when the car arrives. It arrives, but you decide you don't want it. Or, it shows up and somebody else is willing to buy it. Pay the balance or lose the car.

Either way, you should talk to your dealer, and let them know you're serious. I wouldn't be surprised if certain unscrupulous dealers would feel tempted to sell cars from under preorder customers for over MSRP. My hope would be they'd be sued to the stone age for breach of contract...

 

Hey, the 72 hr thing doesn't bother me...I'll be there in 5 minutes!

 

LOL, haven't you guys ever been somewhere totally unimportant like the video store or fast food place. The guy in front of you is having a problem like he never returned the last video he rented or you can't use a check at the fast food place. The guy knows damn well he never returned that video or that you can't use a check at freakin Burger King, but the the next thing he says: "You know your messing with a lawyer!!" Cracks me up every time!! Not trying to pick on you Robbyn, I just find it funny as hell!

 

i say if u talk to the salesman first and notice them that u'll pick the car in a certain days then they won't put ur car on the market

 

To all of our resident attorneys: If it doesn't say ANYTHING about "72 hours" ANYWHERE in the contract, how in the hell could they possibly get away with selling your car to someone else if you don't pick it up in 72 hours? The way we have been kept in the dark about things the last 6 months, it would certainly not be unheard of, that a buyer could be out of town or at least not available to get the car in those 72 hours. It would certainly not be inconceivable that the buyer wouldn't even know that his car came in for 72 hours if he wasn't near his phone at the time of the dealer's call.

What do you guys say?

 

Being the resident dentist I know how much weight my legal words carry but IF such a law exists allowing the practice, some dealers might use it. It is the reponsibility of the buyer to be aware of any potential legal complications in any contract. Not knowing about the law does not protect the buyer from its consequences.

 

rep15 -- Robert Parrish? "The Chief"? Retired from the NBA and now working as a dentist in Washington.

Sorry, couldn't resist the basketball reference.

 

[QUOTE]Originally posted by kevintari
[B]"June production is now in progress. Your 350Z is on the assembly line as you are reading this update...just the way you ordered it. Estimated time of arrival is September 2002...we will keep you updated as we receive further details from Nissan headquarters."

Getting back to the main thread of Kevin's message ... I called NNA earlier this week and "Allison' told me exactly the same timeline ... June/September. She added that the VIN would be assigned and I would be notified "one month prior to the SHIP date" ... now that is a notification I am waiting for ... then it's watching the weather across the Pacific for three weeeks!!!

 

Almost forgot ... "Hail to the Chief" ... Robert Parrish is second only to Bill Russell in Boston Celtic lore.

 

[QUOTE]Originally posted by 350ZMan

Quote:

She added that the VIN would be assigned and I would be notified "one month prior to the SHIP date" ... now that is a notification I am waiting for ... then it's watching the weather across the Pacific for three weeeks!!!

Soon after I receive this notification, the almighty Scafremon will be departing the west coast in a fuel-laden speedboat on an intercept course. Armed with a GPS unit, he will report current position (degrees, minutes and seconds) hourly. I'd do it myself, but I have to rearrange my sock drawer (shameless movie reference for Bonz).

 

Tim, that wouldn't happen to be one of the famed RAPED monkeys, now would it?


....Note to self......after completing my evil but ingenious plot to corner the Brickyard market, sign up new upstart band and get them to rename themselves, "The Raped Monkeys".......I'LL BE RICH!!! RICH I SAY!!!!! BWAAH HAA HAA HAAA!

 

Well, it could be...but obviously it is as yet unviolated. Once raped, they are very hard to catch on film, as they are so damned fast.