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Dream car turns into court battle

Discussion in 'Shelby Mustang List' started by Dan Drury, Jun 2, 2005.

  1. Dan Drury

    Dan Drury Guest

    Dream car turns into court battle
    By William C. Lhotka
    Of the Post-Dispatch
    Wednesday, Jun. 01 2005

    All his life, Edward F. Brennan Jr. said, he was fascinated by certain models
    of cars - particularly the exotic Ford GT40s of the 1960s that won races at
    Daytona and LeMans.

    So Brennan, a lawyer from Belleville, wasted little time meeting with
    salespeople at the Dave Sinclair dealership in Mehlville when Ford Motor Co.
    announced in 2002 that it planned to build a limited edition super GT with a
    550-horsepower engine and top speed of 205 mph.

    One-thousand dollars changed hands.

    But after the red-with-white sports car arrived on the Sinclair lot at
    Lindbergh Boulevard and Lemay Ferry Road about two weeks ago, Brennan and John
    Sinclair, president of the business and son of its founder, were at odds about
    exactly what that money had bought.

    Now their dispute has landed in St. Louis County Circuit Court.

    A deal is a deal, insists Brennan, 64, who said the deposit he paid on May 24,
    2002, included an agreement to pay whatever Ford eventually listed as the
    manufacturer's suggested retail price. Brennan said the sticker price for his
    model, with the options he requested, is $153,095 - and that is what he should
    pay.

    Sinclair insists there never was an agreement to buy the car at a particular
    price, and that Brennan really bought only a right of first refusal when the
    vehicle became available. He said Brennan is using the courts to try to create
    a deal that never existed.

    Brennan can have the car for $59,905 over the list price, Sinclair said, which
    is $213,000.

    According to court documents, Sinclair already has another buyer willing to pay
    $223,000. Sinclair said listings on the Internet as of Wednesday show an
    identical GT going for $244,096.

    In an order Monday, Judge Bernhardt C. Drumm Jr. barred Sinclair from selling
    the GT to anyone pending a hearing on the facts. In the meantime, Sinclair
    said, the car sits "on our showroom floor about 10 feet from my office."

    He complained, "It just goes to show you that no good deed goes unpunished."

    Brennan had a rejoinder of his own, invoking dealer patriarch Dave Sinclair's
    familiar pledge in TV advertising that "If something's not right, I'll make it
    right." Complained the lawyer: "They advertise that they will make things right
    - but not so far."

    The disenchanted buyer and unhappy seller are set to be heard in Drumm's court
    June 23.

    Reporter William C. Lhotka
    E-mail: blhotka@post-dispatch.com
    Phone: 314-615-3283
     
  2. If I were the dealership I would sell him the car for MSRP (with a huge apology) immediately - The press alone has cost this dealership allot of lost goodwill.................

    Plus, the court freezing the dealerships ability to sell the car should tell the dealer principal that he is going to be fighting an uphill battle.

    Just my $ .02 cents worth

    SGB


    ----- Original Message -----
    From: Dan Drury
    To: CARMEMORIES
    Sent: Thursday, June 02, 2005 9:52 AM
    Subject: Dream car turns into court battle


    Dream car turns into court battle
    By William C. Lhotka
    Of the Post-Dispatch
    Wednesday, Jun. 01 2005

    All his life, Edward F. Brennan Jr. said, he was fascinated by certain models
    of cars - particularly the exotic Ford GT40s of the 1960s that won races at
    Daytona and LeMans.

    So Brennan, a lawyer from Belleville, wasted little time meeting with
    salespeople at the Dave Sinclair dealership in Mehlville when Ford Motor Co.
    announced in 2002 that it planned to build a limited edition super GT with a
    550-horsepower engine and top speed of 205 mph.

    One-thousand dollars changed hands.

    But after the red-with-white sports car arrived on the Sinclair lot at
    Lindbergh Boulevard and Lemay Ferry Road about two weeks ago, Brennan and John
    Sinclair, president of the business and son of its founder, were at odds about
    exactly what that money had bought.

    Now their dispute has landed in St. Louis County Circuit Court.

    A deal is a deal, insists Brennan, 64, who said the deposit he paid on May 24,
    2002, included an agreement to pay whatever Ford eventually listed as the
    manufacturer's suggested retail price. Brennan said the sticker price for his
    model, with the options he requested, is $153,095 - and that is what he should
    pay.

    Sinclair insists there never was an agreement to buy the car at a particular
    price, and that Brennan really bought only a right of first refusal when the
    vehicle became available. He said Brennan is using the courts to try to create
    a deal that never existed.

    Brennan can have the car for $59,905 over the list price, Sinclair said, which
    is $213,000.

    According to court documents, Sinclair already has another buyer willing to pay
    $223,000. Sinclair said listings on the Internet as of Wednesday show an
    identical GT going for $244,096.

    In an order Monday, Judge Bernhardt C. Drumm Jr. barred Sinclair from selling
    the GT to anyone pending a hearing on the facts. In the meantime, Sinclair
    said, the car sits "on our showroom floor about 10 feet from my office."

    He complained, "It just goes to show you that no good deed goes unpunished."

    Brennan had a rejoinder of his own, invoking dealer patriarch Dave Sinclair's
    familiar pledge in TV advertising that "If something's not right, I'll make it
    right." Complained the lawyer: "They advertise that they will make things right
    - but not so far."

    The disenchanted buyer and unhappy seller are set to be heard in Drumm's court
    June 23.

    Reporter William C. Lhotka
    E-mail: blhotka@post-dispatch.com
    Phone: 314-615-3283
     
  3. NVSAAC

    NVSAAC Guest

    One-thousand dollars changed hands.
    ....Without a contract...No chance.
    I find it funny since he is an Attorney.
    He could have had the sales manager sign anything saying whatever MSRP is and its yours.
    I can't feel too sorry for an Attorney.

    Jim
    ----- Original Message -----
    From: Dan Drury
    To: CARMEMORIES
    Sent: Thursday, June 02, 2005 6:52 AM
    Subject: Dream car turns into court battle


    Dream car turns into court battle
    By William C. Lhotka
    Of the Post-Dispatch
    Wednesday, Jun. 01 2005

    All his life, Edward F. Brennan Jr. said, he was fascinated by certain models
    of cars - particularly the exotic Ford GT40s of the 1960s that won races at
    Daytona and LeMans.

    So Brennan, a lawyer from Belleville, wasted little time meeting with
    salespeople at the Dave Sinclair dealership in Mehlville when Ford Motor Co.
    announced in 2002 that it planned to build a limited edition super GT with a
    550-horsepower engine and top speed of 205 mph.

    One-thousand dollars changed hands.

    But after the red-with-white sports car arrived on the Sinclair lot at
    Lindbergh Boulevard and Lemay Ferry Road about two weeks ago, Brennan and John
    Sinclair, president of the business and son of its founder, were at odds about
    exactly what that money had bought.

    Now their dispute has landed in St. Louis County Circuit Court.

    A deal is a deal, insists Brennan, 64, who said the deposit he paid on May 24,
    2002, included an agreement to pay whatever Ford eventually listed as the
    manufacturer's suggested retail price. Brennan said the sticker price for his
    model, with the options he requested, is $153,095 - and that is what he should
    pay.

    Sinclair insists there never was an agreement to buy the car at a particular
    price, and that Brennan really bought only a right of first refusal when the
    vehicle became available. He said Brennan is using the courts to try to create
    a deal that never existed.

    Brennan can have the car for $59,905 over the list price, Sinclair said, which
    is $213,000.

    According to court documents, Sinclair already has another buyer willing to pay
    $223,000. Sinclair said listings on the Internet as of Wednesday show an
    identical GT going for $244,096.

    In an order Monday, Judge Bernhardt C. Drumm Jr. barred Sinclair from selling
    the GT to anyone pending a hearing on the facts. In the meantime, Sinclair
    said, the car sits "on our showroom floor about 10 feet from my office."

    He complained, "It just goes to show you that no good deed goes unpunished."

    Brennan had a rejoinder of his own, invoking dealer patriarch Dave Sinclair's
    familiar pledge in TV advertising that "If something's not right, I'll make it
    right." Complained the lawyer: "They advertise that they will make things right
    - but not so far."

    The disenchanted buyer and unhappy seller are set to be heard in Drumm's court
    June 23.

    Reporter William C. Lhotka
    E-mail: blhotka@post-dispatch.com
    Phone: 314-615-3283
     
  4. I am sure there was some type of a signed agreement - It does not specifically say so one way or the other

    I don;t feel bad for an attorney but I sure as hell don;t feel bad for a dirt-bag Ford dealer trying to make 60k OVER MSRP either


    ----- Original Message -----
    From: NVSAAC
    To: ShelbyMustang@carmemories.com
    Sent: Friday, June 03, 2005 9:48 AM
    Subject: Re: Dream car turns into court battle


    One-thousand dollars changed hands.
    ...Without a contract...No chance.
    I find it funny since he is an Attorney.
    He could have had the sales manager sign anything saying whatever MSRP is and its yours.
    I can't feel too sorry for an Attorney.

    Jim
    ----- Original Message -----
    From: Dan Drury
    To: CARMEMORIES
    Sent: Thursday, June 02, 2005 6:52 AM
    Subject: Dream car turns into court battle


    Dream car turns into court battle
    By William C. Lhotka
    Of the Post-Dispatch
    Wednesday, Jun. 01 2005

    All his life, Edward F. Brennan Jr. said, he was fascinated by certain models
    of cars - particularly the exotic Ford GT40s of the 1960s that won races at
    Daytona and LeMans.

    So Brennan, a lawyer from Belleville, wasted little time meeting with
    salespeople at the Dave Sinclair dealership in Mehlville when Ford Motor Co.
    announced in 2002 that it planned to build a limited edition super GT with a
    550-horsepower engine and top speed of 205 mph.

    One-thousand dollars changed hands.

    But after the red-with-white sports car arrived on the Sinclair lot at
    Lindbergh Boulevard and Lemay Ferry Road about two weeks ago, Brennan and John
    Sinclair, president of the business and son of its founder, were at odds about
    exactly what that money had bought.

    Now their dispute has landed in St. Louis County Circuit Court.

    A deal is a deal, insists Brennan, 64, who said the deposit he paid on May 24,
    2002, included an agreement to pay whatever Ford eventually listed as the
    manufacturer's suggested retail price. Brennan said the sticker price for his
    model, with the options he requested, is $153,095 - and that is what he should
    pay.

    Sinclair insists there never was an agreement to buy the car at a particular
    price, and that Brennan really bought only a right of first refusal when the
    vehicle became available. He said Brennan is using the courts to try to create
    a deal that never existed.

    Brennan can have the car for $59,905 over the list price, Sinclair said, which
    is $213,000.

    According to court documents, Sinclair already has another buyer willing to pay
    $223,000. Sinclair said listings on the Internet as of Wednesday show an
    identical GT going for $244,096.

    In an order Monday, Judge Bernhardt C. Drumm Jr. barred Sinclair from selling
    the GT to anyone pending a hearing on the facts. In the meantime, Sinclair
    said, the car sits "on our showroom floor about 10 feet from my office."

    He complained, "It just goes to show you that no good deed goes unpunished."

    Brennan had a rejoinder of his own, invoking dealer patriarch Dave Sinclair's
    familiar pledge in TV advertising that "If something's not right, I'll make it
    right." Complained the lawyer: "They advertise that they will make things right
    - but not so far."

    The disenchanted buyer and unhappy seller are set to be heard in Drumm's court
    June 23.

    Reporter William C. Lhotka
    E-mail: blhotka@post-dispatch.com
    Phone: 314-615-3283
     

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