Ferrari Mailing List: Re: Lawyers.... No PPI in SF anymore

[Larry B (larrybard]

I'm not a litigator, but one precaution that immediately comes to mind is more 
careful drafting of written service contracts (which sometimes may be 
nonexistent -- basically a handshake (oral) agreement.  For example -- subject 
to any legal reservations that any experienced litigators on this list may 
express -- I believe contracts could attempt to limit the amount of liability 
(many of you have probably seen software agreements where the manufacturer 
attempts to limit any damages to the amount paid for the software), and 
standard of liability (e.g., gross negligence and/or wrongful misconduct).  
Also, one could require arbitration.

 

With respect to TOL's (The Other Larry's) comment, I can tell you from 
experience that despite the economics of an individual case, sometimes 
companies decide not to settle in order to avoid fostering a reputation that 
they might be an easy mark for extortionate lawsuits.  I would not view that as 
resisting as a matter of principle, but rather sound economics as far as the 
big picture.

 

Larry
 
> From: philville [at] dejazzd.com
> Date: Thu, 17 Dec 2009 09:43:25 -0500
> Subject: [Ferrari] Lawyers.... No PPI in SF anymore
> CC: ferrari [at] ferrarilist.com
> To: larrybard [at] hotmail.com
> 
> 
> I have to believe that we have a few lawyers on this list, I want to
> thank them for the services that they do provide to us all,.....( now
> the other shoe ) I would also like to ask them to respond as to what
> we can do to stop the types of law suits that have actually brought
> many good things to a halt.
> 
> I know that I am reluctant to do business with a lawyer who I do not
> know T least until I have had an opportunity to spend a little time
> with them on the phone or via e mail........I fear that part of the
> ptoblem is the old chicken and the egg routine.....as with used car
> salesman, some times the client is the problem
> 
> Any opinions??
> 
> Thanks, Phil
> ----- Original Message -----
> From: Misc <misc [at] 308systems.com>
> Date: Thursday, December 17, 2009 3:22 am
> Subject: RE: [Ferrari] No PPI in SF anymore
> To: philville [at] dejazzd.com, Mark <misc [at] 308systems.com>
> Cc: The FerrariList <ferrari [at] ferrarilist.com>
> > Dang.
> >
> > What ever happened to civility and love thy neighbor as thyself?
> >
> > Wishfull thinking perhaps, especially in a land overpopulated
> > with (1)
> > lawyers, and (2) those who have no shame using them.
> >
> > Mark Lueker
> > 308 SYSTEMS Inc.
> > 970-282-7006
> > www.308systems.com
> >
> > -----Original Message-----
> > From: philville dejazzd.com [mailto:philville [at] dejazzd.com]
> > Sent: Wednesday, December 16, 2009 7:26 PM
> > To: Mark
> > Cc: The FerrariList
> > Subject: Re: [Ferrari] No PPI in SF anymore
> >
> >
> >
> > I remember when Mike Sheehan first wrote this piece
> > in "05" and how it
> > made my blood boil, it does so again two years
> > later.......I have seen
> > and, been indirectly involved with legal issues
> > some of which should
> > have been resolved with bare knuckles behind a bar
> > some where.....Once
> > I was drawn into a law suit because of my position
> > with an authorized
> > dealer that was truly ludicrous....a man, an
> > existing client of this
> > same authorized dealer ( oh I forgot to mention, he
> > was a lawyer )
> > sued because we would not ( could not ) sell
> > him a Testarossa....we
> > were already over our allocation in orders, need I
> > tell you, he won,
> > Ferrari made a deal with him, the particulars of
> > which I have never
> > known and of course it cost our agency some number
> > of dollars plus a
> > future allocation...but then he was a lawyer. It
> > was not long after
> > that that our company stopped selling at list
> > price....so, he won his
> > point, entitlement includes the wealthy no matter
> > who loses....and in
> > this case the enthusiasts lost.
> >
> > About a year later I threw in the towel....probably
> > left a ton of
> > money on the table but I can tell you I have never
> > regretted a minute
> > of it....you can not imagine what some Ferrari
> > owners will do if they
> > think some one might have made a profit or god
> > forbid didn't get their
> > entitlement.
> >
> > When called upon to perform a PPI, my first
> > disclaimer is that I will
> > look at a car and tell you if I would buy it....if
> > you need a full
> > mechanical PDI I can refer you to some other masochist.
> >
> > Mike Sheehan and Bruce Trenery got it right when
> > they said " we would
> > not be having this conversation if the market was
> > still going up"
> >
> > The world of Ferrari was a much more satisfying
> > place to be in and do
> > business in until too much money got into the
> > game......but interstingly enough, if you look at
> > many of the people buying those
> > sub $50k cars today, I actually think they are
> > driving, enjoying, and
> > appreciating what they have.
> >
> > Stick around it will all start again....someday.
> > (Unfortunately) Phil
> >
> > ----- Original Message -----
> > From: Paul Bennett <pbennett [at] macnet.com>
> > Date: Wednesday, December 16, 2009 8:41 pm
> > Subject: [Ferrari] No PPI in SF anymore
> > To: Phil Tegtmeier <philville [at] dejazzd.com>
> > Cc: The FerrariList <ferrari [at] ferrarilist.com>
> > > Why no PPI are done in SF any longer.
> > >
> > > http://www.sportscarmarket.com/Sheehan-
> > Speaks/2009/October/ >
> > > Good read - the story of a simple 365GTC/4 which
> > made several
> > > trips to
> > > Hawaii, and human nature of the
> > owner(s). The
> > > maintenance which was
> > > performed on this car far outvalues the car but
> > not the lawyers.
> > >
> > >
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