Beware of Ferrari Maserati of Vancouver! - Ferrari Life
 
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post #1 of 12 Old 12-15-2016, 05:59 PM Thread Starter
 
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Beware of Ferrari Maserati of Vancouver!

As someone who is part of the Ferrari ownership community, I felt it was important for me to advise others in the community of an experience I had with Ferrari Maserati of Vancouver. The dealership’s stated “mission” is to provide the highest level of customer service and satisfaction, and boasts that they are “renowned for the individual customer care and service that is provided to each and every client”. Sadly, I remain extremely disappointed with the dealership.

In May 2013, during a routine spring tune-up, Ferrari Maserati of Vancouver (FMoV) negligently crashed my beautiful 2005 Ferrari F430F1 resulting in more than $36,000 damage.
They lied to me about the extent of the damage (i.e. “Just a scratch”), and wrongfully withheld my Ferrari for approximately 9 months after it was damaged. In particular, they would not release it unless I paid for the very routine service which resulted in the more than $36,000 damage to my Ferrari!

I was eventually able to settle the issues of repair cost and accelerated depreciation with Brian Ross, owner of FMoV, but not damage for the loss of use of the Ferrari.

I took Brian Ross to court in November 2014 and in August 2015 a BC Supreme Court judge ordered him to pay $15,000 for my loss of use of the Ferrari because FMoV wrongfully held onto the Ferrari for approximately 9 months after it was damaged.

Brian Ross was also ordered to pay my court costs in the amount of approximately $25,000 (actually only a fraction of my true legal costs now approximately $85,000). I appealed the $15,000 loss of use award because I felt that it does not reflect the market value of the loss of use of my Ferrari for approximately 9 months.

In September 2015, I sent a letter of complaint to Mr. Sergio Marchionne, CEO of Ferrari S.p.A. in Italy informing him of FMoV and Brian Ross’ unprofessional treatment towards me. In reply, I received a letter from Mr. Edwin Fenech, President and CEO of Ferrari of North America (FNA), who apologized for my negative experience with FMoV, and referred the issue to Mr. Enzo Francesconi, Head of Aftersales at FNA, with the aim of working closely with me to try and find a replacement vehicle.

Following lengthy negotiations, in early May 2016, I called Mr. Francesconi specifically in order to be sure that I understood the settlement agreement offer. He confirmed that I would be given $130,000 (Canadian dollars) for my damaged Ferrari, and a $20,000 discount off a new Ferrari 488 as a goodwill gesture, and in return I would drop my appeal of loss of use amount and sign a non-disclosure agreement. So in early May 2016, I accepted the offer, signed the settlement agreement, and sent it to Mr. Francesconi for Brian Ross' signature. However, Brian Ross would not honor the settlement agreement, and for reasons that are unknown to me, Mr. Francesconi of FNA would not order him to honor it.

On October 1, 2016, I sent another letter to Mr. Marchionne of Ferrari S.p.A. explaining the situation and requesting his assistance to resolve this matter. I believe that Mr. Marchionne communicated with Mr. Francesconi of FNA, but Brian Ross would still not honor the settlement agreement made by Mr. Francesconi and me in early May 2016. As I told Mr. Francesconi, it seems Brian Ross has absolutely no interest in making me a satisfied customer.

I have several questions. First, “How is Ferrari Maserati of Vancouver still in business?” Second, why would anyone do business with Ferrari Maserati of Vancouver while this matter remains unresolved, and the worldwide Ferrari community still does not know if anything concrete has been done to prevent this sort of thing from happening again? Finally, at least in my case, why does it seem that FNA will in the end defend the dealership rather than a loyal Ferrari customer?

The above and other related matters are being discussed on the FerrariChat.com website under General Forums, Ferrari Discussion (not model specific), under the active thread, "A Ferrari Owner's Review of his Experience Dealing with Ferrari Maserati of Vancouver, British Columbia, Canada". The link is located at [URL="http://www.ferrarichat.com/forum/ferrari-discussion-not-model-specific/432553-ferrari-owner%92s-review-his-experience-dealing-ferrari-maserati-vancouver-new-post.html"] I welcome any comments or suggestions.

You should know that Brian Ross (through Mr. Francesconi) wanted me to delete the entire FerrariChat.com thread with more than 32,000 viewers (and rapidly rising) as part of any deal. So it seems instead of trying to make me a satisfied customer, Brian Ross wanted to delete all evidence of his and FMoV’s wrongful actions in this matter. I told Mr. Francesconi that’s not going to happen – the worldwide Ferrari community has a right to know about how FMoV and Brian Ross do business – at least in my case. If they want good reviews, all they have to do is provide good customer service in keeping with their mission statement.

In my view, Brian Ross and FNA have not honored the early May 2016 settlement agreement, and therefore I am proceeding with my court appeal of the lower court’s award of $15,000 for the approximately 9 months I did not have the use of my Ferrari after FMoV crashed it in 2013.

On November 30, 2016, I sent another letter to Mr. Marchionne of Ferrari S.p.A. explaining the current situation, and requesting his assistance in resolving what may be the longest running unresolved complaint (more than 3½ years) in the history of Ferrari dealerships. As of the time of this posting, I have not received any response.

If this letter prevents even one person from going through this kind of experience with Ferrari Maserati of Vancouver, then I will have contributed in some way to the positive experience of Ferrari enthusiasts everywhere. I wish you all the best.

Dr. Lawrence Miller
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post #2 of 12 Old 12-16-2016, 07:16 AM
 
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Very unfortunate

Could Ferrari redirect your request to a different dealership? There appears to be too much bad blood between you and the current dealership to get anything done. Good luck.

2006 Ferrari F430 Coupé,
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post #3 of 12 Old 12-16-2016, 04:31 PM
 
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Dr. Miller:

In 1990, I signed a contract, secured by a cash deposit, with Radley Acura in Northern VA for the purchase of the newly-introduced Acura NSX. The contract was for a to-be-delivered vehicle, with the words "guaranteed price" written by the dealer's manager on the face of the contract. This was a significant as the list price for the NSX had NOT been established at this time. In other words, the price the dealer agreed to sell the car to me was based on his guess as to what price Acura would establish at a future date. Both the dealer and I took a gamble on what the list price might be at time of delivery. I might be paying more or less based on the actual list price. At the time I negotiated this contract, the estimated delivery date was some six months in the future. The contract stipulated that I was number three on the dealer's waiting list.

Well, in the intervening months, there developed in the media an excitement, to put it mildly, with the introduction of the NSX. Of course, I was just as excited as what was being said in the trade magazines and was eagerly looking forward to delivery of my car.

Some months after contract signing, Acura announced the list price for the base NSX, which matched the "guaranteed price" that was reflected in my contract. Thus, neither myself nor the dealer had made a bad "bet," and neither party would be enriched by the gamble taken months before.

As Acura delivered vehicles to their dealers, initial customers paid $15,000 to $30,000 over list. I was unconcerned, however, as I had a guaranteed price and a specific assignment on the dealer's waiting list.

Well, you can easily imagine what happened as my turn on the waiting list came up. When I inquired when I could expect delivery of my vehicle, I was informed that unless I was willing to renegotiate my contract that I could not expect delivery of my car until a date uncertain.

I was angry, and I likewise got my attorney involved. However, his assistance was virtually useless in the absence of a court action as the dealer was adamant in his position. Like yourself, I wrote letters to Acura headquarters asking for corporate help to "force" the dealer to honor my contract. Here is what I learned that may be relevant to your situation. Acura does not set the price for cars sold by its dealers. Consequently, it can not force a dealer to sell a car at a specific price. Moreover, once the vehicle lands on the dealer's lot, Acura's sole responsibility going forward is to honor the vehicle's warranty. My sole remedy to force the dealer to honor my contract was to take the dealer to court.

I was thunderstruck to learn of the lack of a relationship between manufacturer and dealer after the car is transferred to the dealer. I suspect what you have learned from your correspondence with Ferrari NA is identical to what I discovered in my correspondence with Acura. Of course, FNA could "ask" FMoV to make you whole, however, I would not expect FNA to do anything more than what they have done to date to mediate your dispute.
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post #4 of 12 Old 12-16-2016, 07:39 PM Thread Starter
 
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Quote:
Originally Posted by efg2014 View Post
Could Ferrari redirect your request to a different dealership? There appears to be too much bad blood between you and the current dealership to get anything done. Good luck.
I agree completely! I actually suggested to Mr. Francesconi of Ferrari of North America that we deal with the next closest Ferrari dealership in Canada which is in Calgary, Alberta, but he did not seem interested in any deal that did not involve Brian Ross - the owner of Ferrari Maserati of Vancouver. It appears that Brian Ross has considerable influence over Ferrari of North America whereas one would think it would be the other way around. At the end of the day, it seems they are more interested in making money for Ferrari S.p.A. in Italy than acting with professionalism and integrity in their interactions with loyal Ferrari customers - at least in my case. In my view, acting with integrity may not make a person rich, but it leads to a richness in character that money can never buy. Thank you for your support!
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post #5 of 12 Old 12-16-2016, 08:21 PM Thread Starter
 
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Quote:
Originally Posted by albkid View Post
Dr. Miller:

In 1990, I signed a contract, secured by a cash deposit, with Radley Acura in Northern VA for the purchase of the newly-introduced Acura NSX. The contract was for a to-be-delivered vehicle, with the words "guaranteed price" written by the dealer's manager on the face of the contract. This was a significant as the list price for the NSX had NOT been established at this time. In other words, the price the dealer agreed to sell the car to me was based on his guess as to what price Acura would establish at a future date. Both the dealer and I took a gamble on what the list price might be at time of delivery. I might be paying more or less based on the actual list price. At the time I negotiated this contract, the estimated delivery date was some six months in the future. The contract stipulated that I was number three on the dealer's waiting list.

Well, in the intervening months, there developed in the media an excitement, to put it mildly, with the introduction of the NSX. Of course, I was just as excited as what was being said in the trade magazines and was eagerly looking forward to delivery of my car.

Some months after contract signing, Acura announced the list price for the base NSX, which matched the "guaranteed price" that was reflected in my contract. Thus, neither myself nor the dealer had made a bad "bet," and neither party would be enriched by the gamble taken months before.

As Acura delivered vehicles to their dealers, initial customers paid $15,000 to $30,000 over list. I was unconcerned, however, as I had a guaranteed price and a specific assignment on the dealer's waiting list.

Well, you can easily imagine what happened as my turn on the waiting list came up. When I inquired when I could expect delivery of my vehicle, I was informed that unless I was willing to renegotiate my contract that I could not expect delivery of my car until a date uncertain.

I was angry, and I likewise got my attorney involved. However, his assistance was virtually useless in the absence of a court action as the dealer was adamant in his position. Like yourself, I wrote letters to Acura headquarters asking for corporate help to "force" the dealer to honor my contract. Here is what I learned that may be relevant to your situation. Acura does not set the price for cars sold by its dealers. Consequently, it can not force a dealer to sell a car at a specific price. Moreover, once the vehicle lands on the dealer's lot, Acura's sole responsibility going forward is to honor the vehicle's warranty. My sole remedy to force the dealer to honor my contract was to take the dealer to court.

I was thunderstruck to learn of the lack of a relationship between manufacturer and dealer after the car is transferred to the dealer. I suspect what you have learned from your correspondence with Ferrari NA is identical to what I discovered in my correspondence with Acura. Of course, FNA could "ask" FMoV to make you whole, however, I would not expect FNA to do anything more than what they have done to date to mediate your dispute.


I'm sorry you had to go through all that and I suspect the Acura dealership would have insisted on you honoring the guaranteed estimated price of the NSX if it had come out much lower than expected. I'm curious to know how it all turned out - did you cancel the order, wait for a longer period, or end up paying more to get the NSX? I did not buy my Ferrari from Ferrari Maserati of Vancouver, but had it serviced there as they are the only authorized Ferrari dealership in the province. You are exactly right, Ferrari of North America asked Brian Ross to honor the May 2016 settlement agreement, but he refused and FNA would not order him to honor it.

Previously, I would have expected high end car dealerships to be operating at a higher level than the fly-by-night car dealerships on the edge of town, but I have sadly come to realize that some of these dealerships are the same and perhaps even worse. They say the definition of character is what people do when they don't think anyone is looking, but it seems in our case the dealerships' character was revealed to us directly through their unprofessional actions. My strategy is to further reveal their actions in social media, and thereby (theoretically) reduce the likelihood of anything like this happening to anyone else in the Ferrari community. Although it's time consuming, it is rewarding in the sense that I perceive it as something of a public service to the worldwide Ferrari community.
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post #6 of 12 Old 12-17-2016, 05:47 AM
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I have just been reading the full version on Fchat - a very sorry story. I hope you manage to get resolution eventually.

Best wishes, John
Ferrari: 550 Maranello S/N 110995, Dino 246 GT S/N 6934
Other: 1990 Bentley Turbo R, 1989 Porsche 911 C2, 2004 Mercedes 500CLK, 2011 Mercedes E350 CDI, 1972 VW T2 Camper, 2014 Fiat 500C, 1963 Jaguar E-type 3.8 FHC (in restoration), 2015 Maserati Granturismo Sport
Website: http://bluebottleonline.com/
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post #7 of 12 Old 12-17-2016, 10:42 PM Thread Starter
 
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Originally Posted by Bluebottle View Post
I have just been reading the full version on Fchat - a very sorry story. I hope you manage to get resolution eventually.
Thank you very much for your support!
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post #8 of 12 Old 12-19-2016, 07:27 AM
 
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Lien on Ross's assets? (dealership)

Lawrence,
If you win a judgment could you not put a lien on the man's assets to get him to pay?

--kim

2006 Ferrari F430 Coupé,
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post #9 of 12 Old 12-19-2016, 04:08 PM Thread Starter
 
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Originally Posted by efg2014 View Post
Lawrence,
If you win a judgment could you not put a lien on the man's assets to get him to pay?

--kim
Hmm.. Good question! I don't know the in and outs of the Canadian legal system, but will ask my lawyer about that possibility. Thank you very much!
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post #10 of 12 Old 12-20-2016, 06:28 AM
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Quote:
Originally Posted by efg2014 View Post
Lawrence,
If you win a judgment could you not put a lien on the man's assets to get him to pay?

--kim
Or a Winding-up Oder:

"A winding up order can be used by creditors to enforce payment of a debt by a delinquent company. Often as an act of last resort, creditors petition the court to have the business liquidated, usually after several failed attempts to recover their money."

Best wishes, John
Ferrari: 550 Maranello S/N 110995, Dino 246 GT S/N 6934
Other: 1990 Bentley Turbo R, 1989 Porsche 911 C2, 2004 Mercedes 500CLK, 2011 Mercedes E350 CDI, 1972 VW T2 Camper, 2014 Fiat 500C, 1963 Jaguar E-type 3.8 FHC (in restoration), 2015 Maserati Granturismo Sport
Website: http://bluebottleonline.com/
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post #11 of 12 Old 12-20-2016, 04:24 PM
 
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Originally Posted by Dr. Lawrence Miller View Post
I'm sorry you had to go through all that and I suspect the Acura dealership would have insisted on you honoring the guaranteed estimated price of the NSX if it had come out much lower than expected. I'm curious to know how it all turned out - did you cancel the order, wait for a longer period, or end up paying more to get the NSX? I did not buy my Ferrari from Ferrari Maserati of Vancouver, but had it serviced there as they are the only authorized Ferrari dealership in the province. You are exactly right, Ferrari of North America asked Brian Ross to honor the May 2016 settlement agreement, but he refused and FNA would not order him to honor it.

Previously, I would have expected high end car dealerships to be operating at a higher level than the fly-by-night car dealerships on the edge of town, but I have sadly come to realize that some of these dealerships are the same and perhaps even worse. They say the definition of character is what people do when they don't think anyone is looking, but it seems in our case the dealerships' character was revealed to us directly through their unprofessional actions. My strategy is to further reveal their actions in social media, and thereby (theoretically) reduce the likelihood of anything like this happening to anyone else in the Ferrari community. Although it's time consuming, it is rewarding in the sense that I perceive it as something of a public service to the worldwide Ferrari community.
Because the next NSX to be delivered was silver on black, and I did not want either a black or red vehicle, we agreed to pay an additional $5,000 to guarantee delivery of the silver one.

As it turned out, Acura repurchased our NSX under the State of Virginia's Lemon Law some eighteen months later because of the periodic failure of the anti-lock braking system. We recouped our entire purchase price less about $3,000 for depreciation. Nevertheless, in spite of this incredibly bad experience, my wife found a used NSX on a dealer's lot some three years later. As resale values were depressed at the time, we were able to get back into an NSX at a right price.

What I learned from our overall experience with the first NSX was that the reputation of the dealer governs how you will be treated in matters involving contract. Do not expect ANY help from the manufacturer for contract disputes. As our use of Virginia's Lemon Law showed, Acura was obliged by law for issues involving the manufacture of the vehicle.
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post #12 of 12 Old 12-29-2016, 01:37 AM Thread Starter
 
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Originally Posted by albkid View Post
Because the next NSX to be delivered was silver on black, and I did not want either a black or red vehicle, we agreed to pay an additional $5,000 to guarantee delivery of the silver one.

As it turned out, Acura repurchased our NSX under the State of Virginia's Lemon Law some eighteen months later because of the periodic failure of the anti-lock braking system. We recouped our entire purchase price less about $3,000 for depreciation. Nevertheless, in spite of this incredibly bad experience, my wife found a used NSX on a dealer's lot some three years later. As resale values were depressed at the time, we were able to get back into an NSX at a right price.

What I learned from our overall experience with the first NSX was that the reputation of the dealer governs how you will be treated in matters involving contract. Do not expect ANY help from the manufacturer for contract disputes. As our use of Virginia's Lemon Law showed, Acura was obliged by law for issues involving the manufacture of the vehicle.


I'm sorry you had to go through all that, but am glad it all worked out in the end. Thank goodness for the Lemon Law. I hope you never have to go through anything like that again, and I wish you and your wife all the best!
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