FROR Agreement | FerrariChat

FROR Agreement

Discussion in 'Ferrari Discussion (not model specific)' started by Need for Gs, Dec 2, 2023.

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  1. Need for Gs

    Need for Gs Rookie

    Oct 9, 2022
    6
    Full Name:
    Spiderman
    After waiting nearly 3 years for my car to come in my dealership is asking for a First Right of Refusal agreement that lasts for 1 year along with other stipulations. There was no discussion of it at the time of purchase. Are there any of you that have encountered this.
     
  2. mkraft3003

    mkraft3003 Formula 3
    Silver Subscribed

    Aug 20, 2016
    2,365
    Tampa, Fl
    That is completely normal and most people have to sign one. (There are exceptions, like if you have a tremendous buying history with the dealer)
     
    vraa likes this.
  3. Jack-the-lad

    Jack-the-lad Seven Time F1 World Champ
    Owner Silver Subscribed

    Seems heavy handed to me. It should have been disclosed when you signed whatever documentation was required when you ordered the car. Are they threatening to cancel your contract if you don’t sign? Does the FROR mention anything about setting a price or does it simply require you offer it to them without any requirement to sell it to them? Dealers being what they are these days, there may be additional obligations that you’re signing up for.
     
  4. Need for Gs

    Need for Gs Rookie

    Oct 9, 2022
    6
    Full Name:
    Spiderman
    Does not set a price.."Fair market value". However if I sell it they can sue me for the profit on the car within 1 year.
     
  5. Carbon Bits

    Carbon Bits Karting

    Oct 26, 2021
    74
    Ohio, USA
    Agree that this is typical. Mine says MSRP or fair mkt, whichever is lower. I was unsurprised by mine because of reading about it here. But I have no intention of flipping the car, so no issue for me.
     
    jm2 likes this.
  6. carz80am

    carz80am Formula Junior
    Rossa Subscribed

    Sep 23, 2015
    691
    Totally normal practice, part of the ferrari game, I mean process...
     
    jm2 and Demigod555 like this.
  7. matts086

    matts086 Rookie
    Rossa Subscribed

    Jul 6, 2017
    42
    Toronto, ON
    It just gives them the first right to purchase it from you for fair market value. If you get an offer on the car for $xxxx amount, they get the chance to match it. If your offer is above MSRP they have to match it or pass. Not really a big deal.

    Very normal for any brand TBH

    They can't sue you if they pass on buying it for Fair Market Value, aka any bonafide offer in writing you have in that first year. Although they may hold it against you in the future...
     
    ForeverNA likes this.
  8. dera

    dera Formula Junior
    Silver Subscribed

    Oct 7, 2023
    332
    Charlotte, NC
    Full Name:
    Mikko
    I believe the FROR document is MSRP or FMV, whichever is LOWER. So if the offer is above FMV, you must sell it to the dealer at MSRP.
     
    05F430F1 likes this.
  9. DaveTheWav3

    DaveTheWav3 Karting

    Nov 19, 2022
    161
    Full Name:
    David Kim
    My agreement for my F8 was for 2 years. It's mainly to prevent flipping. I have been told it's mostly an unenforceable gentleman's agreement, but if you break it, you won't be able to get a new Ferrari ever again
     
  10. mkraft3003

    mkraft3003 Formula 3
    Silver Subscribed

    Aug 20, 2016
    2,365
    Tampa, Fl
    That is correct. They do NOT have to buy at whatever offer you get. They get to buy back at MSRP.
     
  11. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,744
    Weston, MA
    Full Name:
    Paul
    The other day I test drove a Purosangue and I asked the salesman about when the first owner could sell it. He told me the dealer has right of refusal for 18 months.
     
  12. Jack-the-lad

    Jack-the-lad Seven Time F1 World Champ
    Owner Silver Subscribed

    Has anybody ever tested the enforceability?
     
  13. 19633500GT

    19633500GT F1 World Champ
    Rossa Subscribed

    Nov 9, 2010
    12,961
    Blueberry
    Full Name:
    Muffin-Tops
    Unless you kept delivery miles on it, won't an F8 depreciate in two years to much less than MSRP or whatever price you paid anyway?

    2 years seems like a long time for a FROR
     
  14. DaveTheWav3

    DaveTheWav3 Karting

    Nov 19, 2022
    161
    Full Name:
    David Kim
    I seem to have gotten the longest FROR. It's my first Ferrari and I didn't really consider resale when I ordered it. The fact it became worth more than MSRP was a surprise to me. Honestly not sure what happens with its value in the coming years. Will the last non electrified V8 mid engined Ferrari have some collectors value? I guess we'll see. Either way I'm not too concerned. I love the car
     
  15. 05F430F1

    05F430F1 F1 Rookie
    BANNED

    Oct 22, 2005
    3,600
    Fort Lauderdale, Florida
    Full Name:
    Todd
    Correct- they aren’t ‘required’ to pay anything
    More than MSRP- but they often and usually do when it comes down to it


    Sent from my iPhone using FerrariChat
     
  16. 05F430F1

    05F430F1 F1 Rookie
    BANNED

    Oct 22, 2005
    3,600
    Fort Lauderdale, Florida
    Full Name:
    Todd
    Well, since 2-3 year old F8’s with 5-10k miles on them are still 20-70k over MSRP, I guess not


    Sent from my iPhone using FerrariChat
     
  17. Jeff Kennedy

    Jeff Kennedy F1 Veteran
    Owner Silver Subscribed

    Oct 16, 2007
    6,818
    Edwardsville, IL
    Full Name:
    Jeff Kennedy
    The real enforcement is that breaking the agreement puts one on the Ferrari black list forever. The ability to ever order a new Ferrari in the future will be denied. The dealer that sold the car originally will also be in trouble because they should have known that the buyer was (a) going to flip the car, (b) not abide by the agreement.
     
  18. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,744
    Weston, MA
    Full Name:
    Paul
    Not that I'm in that circle, but wouldn't someone just use a shell buyer?
     
    ForeverNA likes this.
  19. kestrou

    kestrou Formula 3
    Rossa Subscribed

    Jan 22, 2023
    1,439
    Danville, IL
    Full Name:
    Kevin E. Stroud
    Well, that "shell buyer" would have to be a customer in good standing - and then would also have to "stand in" for any dealer work...

    That's a lot of hassle! :)

    Kevin
     
    DaveTheWav3 likes this.
  20. llk

    llk Karting

    Jan 11, 2019
    85
    Full Name:
    Lewis Kasowitz
    One more example of Ferrari treating their customers like crap, and their customers saying "Thank you sir, may I have another?"!
     
  21. JAM1

    JAM1 F1 Veteran
    Rossa Subscribed

    Oct 22, 2004
    8,426
    FL, NY, and MA
    Full Name:
    Joe
    Forget black list. Breach of contract is the issue and enforceable. I’d have a hard time signing such a document. Of course they’ll pay their estimation of market not to exceed msrp, but what about the downside? If the car value halves with a recession is Ferrari going to offer you similar protections? Of course not. What a load of BS…
     

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