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Has anyone sought and recieved any interesting legal advice about the buy back or maintenance/debit card offer? Or are we not allowed to ask that question?
Is anyone going to do nothing, let the deadline pass and go from there?
Just curious:D
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I think commentator is suggesting that if you do nothing, you will have a right to take some sort of legal action, since you have not agreed that the HP matter is resolved.
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Titanium 6-spd GT w/Chaparral and NAV, built 5/30/03, delivered 7/22/03, #2035
Totalled on 3/18/07... may she rest in peace
Well, this has already been gone over. I posted a opinion and got a few snide remarks, so I do not feel like going there again.
Best advice for you is to go see a lawyer to see what your options are, but, find one who has a free consultation. For example, I do not charge anyone for the first hour, regardless of the type of case.
Most local bar associations (check the phone book) have lawyer referral services (if you don't know of a good attorney or your friends can't suggest someone).
IMHO you should avoid the edgarsnyder type lawyer mills. Dubious quality. They give us all a bad name.
Originally posted by khoney I think commentator is suggesting that if you do nothing, you will have a right to take some sort of legal action, since you have not agreed that the HP matter is resolved.
I'd be surprised if that worked- if you aren't happy, you can take the car back after driving it for a month free and get all your money back. How would you show any kind of damage? A free car for a month- darn. What mental suffering!
They gave you options for a reason- return the car and get your money back, or take the $500 and free service. "Sue at a later date" doesn't appear to be one of the choices listed.
Their lawyers have probably gone over this with a fine tooth comb. They're probably prepared for just these types of lawsuits as well. They've already gone through this once before, remember?
Sorry, but the first post just proves how out of control and litigiuos the US has got. So many people just trying to screw more money. Listen - The power is 4% down - it still a great car - most of you probably wouldnt have noticed if you hadent been told.
Now, Mazda have ofered to give you a full refund, or 500 bucks and free servicing - pretty f*cking generous - now stop whining!
I have called Mazda on this and am waiting on a reply.
I traded in a car say worth $14,100. Therefore, I paid sale tax on the difference. If the new car was $33,100 and I got $15,100 trade in value, then I paid sales tax on $19000. That came to $1,187.50.
If Mazda refunds everything I paid and I go out to buy a replacement car, I no longer have a trade in. To buy a comparably priced replacement car, I will have to pay sales tax on $33,100. That comes to $2,068.75 or a difference of $881.25.
My question to Mazda, should i decide to turn in my car, will I be compensated for the loss of sales tax. I will let you know when I hear their reply.
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Boowana
'04 RX-8, Titanium, Red/Black, No Kitchen Sink...
I think that while Madza has screwed up, they have provided adequate compensation for those affected. You wanna spend the next few years in court trying to put a little money in your pocket? What damages have you experienced that aren't rectified by the buyback offer? Emotional damage for not being able to beat a Solara at a stop light street race? Compensation for your lost manhood from not having the fastest car on the street? I'm just curious.
Originally posted by KyngNothing Don't ask for free legal advice on the internet
No matter where you obtain it, free legal advice is usually worth exactly what you paid for it. :p
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1973 RX-3
1975 RX-3
1979 RX-7
1985 RX-7 GSL-SE
2004 RX-8 Winning Blue Sport Ordered 1/8/03; Delivered 7/25/03 ; Returned 10/21/03
2005 RX-8 Velocity Red Sport delivered 12/05 returned at lease end 12/07
[QUOTE]Originally posted by Edo
"the first post just proves how out of control and litigiuos the US has got."
YES, absolutely.
"The power is 4% down"
WRONG, the advertised power is down 4%. The actual power is below the advertised power by at least another 5% and perhaps as much as 10%. And the mushy feel of that power as it passes through 6K+ RPM's is dissappointing.
Also, don't feel the need to jump down our throats, this is not the House of Commons afterall. ;-)
Originally posted by Edo Sorry, but the first post just proves how out of control and litigiuos the US has got. So many people just trying to screw more money. Listen - The power is 4% down - it still a great car - most of you probably wouldnt have noticed if you hadent been told.
Now, Mazda have ofered to give you a full refund, or 500 bucks and free servicing - pretty f*cking generous - now stop whining!
I'll get off my soap-box now.
Pretty good deal unless:
You relied upon the information being accurate and went out and paid $300 for a tint job that, according to the letter, would not qualify as a Geniuine Mazda accessory as thus will not be reimbursed.
You traded in your car and now no longer have a car to trade for your next purchase and therefore will lose the sales tax benefit afforded to you by the trade. In my case, this is about $1,700.
I'm expecting Mazda will pay this but will keep those who are interested informed.
That's my case but basically the legal matter will be that if you relied upon the accuracy of Mazda literature and as a result went out and spent money on items that you will not be able to sell on the open market for the amount paid, then you should be entitled to relief from Mazda or the courts.
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'93 Red RX7
'00 Honda S2000
'01 BMW 330Ci
Originally posted by boowana I have called Mazda on this and am waiting on a reply.
I traded in a car say worth $14,100. Therefore, I paid sale tax on the difference. If the new car was $33,100 and I got $15,100 trade in value, then I paid sales tax on $19000. That came to $1,187.50.
If Mazda refunds everything I paid and I go out to buy a replacement car, I no longer have a trade in. To buy a comparably priced replacement car, I will have to pay sales tax on $33,100. That comes to $2,068.75 or a difference of $881.25.
My question to Mazda, should i decide to turn in my car, will I be compensated for the loss of sales tax. I will let you know when I hear their reply.
Guess what? The answer is no. I will not be compensated for the loss sales tax difference. I won't bore you with the wording the very polite customer service rep read to me. He was just doing his job and was rading what came back to him from the buy back program manager. Oh well...
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Boowana
'04 RX-8, Titanium, Red/Black, No Kitchen Sink...
Guess what? The answer is no. I will not be compensated for the loss sales tax difference. I won't bore you with the wording the very polite customer service rep read to me. He was just doing his job and was rading what came back to him from the buy back program manager. Oh well...
That absolutely cannot be! Please don't take an "oh well" attitude! If you had never bought the RX8 you would own a car that could be traded in and you'd get a huge sales tax benefit. Because Mazda lied to you you no longer have a car to trade the cost of RX8 ownership went up by $1,187. In my case the number is $1,850.
No way in Hell Mazda wins this in court.
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'93 Red RX7
'00 Honda S2000
'01 BMW 330Ci
One thing you are not accounting for is that after the use of an RX-8 for a month or so, your sales tax deficit (which they say they won't reinburse) may be partially or totally balanced out by the loss in wholesale value of your trade-in over that same time.
In orther words, if they DID just give you back your old car, it would be worth less on trade-in now that time has passed. But as they are refunding the trade-in cost in full, you are actually getting a premium over today's value of the car, and making a nice profit there, at least, at Mazda's expense.
Don't you feel better already??
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The good news is - you weren't paranoid - you were simply ahead of the known reality.
That absolutely cannot be! Please don't take an "oh well" attitude! If you had never bought the RX8 you would own a car that could be traded in and you'd get a huge sales tax benefit. Because Mazda lied to you you no longer have a car to trade the cost of RX8 ownership went up by $1,187. In my case the number is $1,850.
No way in Hell Mazda wins this in court.
Struggling not to give my opinion as a practicing lawyer.........So difficult to keep mouth shut.......must not star flame war..........
Oh well, here it goes. What exactly do you think would happen in court? You realize that in most states the losing side DOES NOT pay for your lawyer? You realize that attorney fees and costs are almost never awarded in a contract action? Is spending
$5,000 to recover $2,000 a good investment?
Yes it sucks!!! Dont shoot the messanger. I do not make the laws, I just get to try to explain seemingly inane laws to usually very unhappy clients!!
Originally posted by Spin9k One thing you are not accounting for is that after the use of an RX-8 for a month or so, your sales tax deficit (which they say they won't reinburse) may be partially or totally balanced out by the loss in wholesale value of your trade-in over that same time.
In orther words, if they DID just give you back your old car, it would be worth less on trade-in now that time has passed. But as they are refunding the trade-in cost in full, you are actually getting a premium over today's value of the car, and making a nice profit there, at least, at Mazda's expense.
Don't you feel better already??
Absolutely not! Your assumption is that the car traded in is like most cars and that is, it's worth less. As a prudent buyer of cars for many years, I have tried (and succeeded) in buying cars that over the long haul, actually start to appreciate again. That is the case with my last trade in. Acording to Edmumds, it's worth sl;ightly more today, three months later than it was when I traded. That means ,y loss is actually greater. Nice try but your theory doesn't work for me.
Not only that, I also bought the RX-8 in the hope that it too would hold its resale value.
My concern is with the admitted drop in horsepower (which I reiterate does not matter to me, coupled with the lousy gas mileage and poor air conditioning at least here in Texas; will the RX-8 hold its value like I anticipated it would? My guess it won't.
:o
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Boowana
'04 RX-8, Titanium, Red/Black, No Kitchen Sink...
Originally posted by mikeb most rx8's did already notice difference in hp before mazda went public
Not!! I found one guy who suspected lower power before anyone had dyno'd. Once the dyno results came out, all of a sudden everyone was like, "Yeah, I thought this didn't feel right." Right. who posted those suspicions before seeing dyno results?
Very early in the game when I posted I was using 87 octane, all kinds of people were dissing me saying why would I give up a few hp with a lower octane fuel. Not one of them said or implied that they already were giving up hp of their own due to some ECU problem as yet undiscovered. I do not think more than a handful of '8 owners ever could or did notice anything was amiss until they saw it on paper. Just my humble opinion, naturally.
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Owner since 7/17/03: Velocity Red GT, 6MT, black/red leather, navigation, rotary accents, 6-disc CD. Sold the spare kit.
Not!! I found one guy who suspected lower power before anyone had dyno'd. Once the dyno results came out, all of a sudden everyone was like, "Yeah, I thought this didn't feel right." Right. who posted those suspicions before seeing dyno results?
Very early in the game when I posted I was using 87 octane, all kinds of people were dissing me saying why would I give up a few hp with a lower octane fuel. Not one of them said or implied that they already were giving up hp of their own due to some ECU problem as yet undiscovered. I do not think more than a handful of '8 owners ever could or did notice anything was amiss until they saw it on paper. Just my humble opinion, naturally.
I agree with 8_wannabe . I think anybody who traded in or owned a car that was suppose to be around the same speed as the rx8 noticed it. I know I can not feel 5 - 10 hp difference,
but I can feel 30 to 40hp.
Several people I am sure have done rollons with there friends or random
people on the freeways by now.
Originally posted by TomsterRX8 That's my case but basically the legal matter will be that if you relied upon the accuracy of Mazda literature and as a result went out and spent money on items that you will not be able to sell on the open market for the amount paid, then you should be entitled to relief from Mazda or the courts.
Re the legal matter of relying on the accuracy of Mazda literature: ever notice the legal disclaimer "specifications subject to change without notice"? There goes any relief claim against Mazda due to changes in specification out the window.
Regards,
Gordon
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Life is too short to drive boring cars!
___________________________________ 2004 Ti Gray RX-8 - Canadian GT, 6 speed, no moonroof, delivered July 22, 2003 1996 Miata leather package, soon to be faster than the RX-8...
2002 Audi allroad wagon - 2.7 twin turbo, 6 speed manual trans
Absolutely not! Your assumption is that the car traded in is like most cars and that is, it's worth less. As a prudent buyer of cars for many years, I have tried (and succeeded) in buying cars that over the long haul, actually start to appreciate again. That is the case with my last trade in. Acording to Edmumds, it's worth sl;ightly more today, three months later than it was when I traded. That means ,y loss is actually greater. Nice try but your theory doesn't work for me.
Please tell us what kind of car you traded in that is currently APPRECIATING in value? What is slightly more? What do you consider the "long haul?"
It usually takes cars 30+ years to start appreciating in value, and that's usually after substantial renovation. Cars are not an investment, they are an expense.
Here is something to think about
; Returned 10/21/03 
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