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Export of new luxury car is legally questionable Autoweek profit

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Export of new luxury cars is lucrative, legally questionable.
This article appeared originally on Automotive News.
When agents U Secret Service showed up at Jaguar Land Rover Cincinnati, a customer wearing a T-shirt and shorts who claimed to be a high energy broker was about to buy a Range Rover with a check bank to 93005.
The officers watched the end of the transaction, and then followed the purchaser at his home there, they learned that he was unemployed and lived with his mother, court documents show.
The man bought the Range Rover to a company called Automotive Consultants in Hollywood, he was to leave it in a tank farm a few days later in exchange for 500 If the agents seized the SUV, they say, it was intended China to a buyer who wanted to pay the price annotated Land Rover dealerships it.



The authorities, who say these types of transactions occur frequently, last year began working to stop the increasing flow of high-end cars abroad but they've run into a major obstacle What Exporters may make be not illegal - although the government and car manufacturers don t like it, and even if so-called straw buyers can be deceiving.
Most vehicle manufacturers forbid sales to exporters and instructed dealers who do not respect the prohibitions of over 30 million in recent years, according to the testimony of the court.
What they're complaining about is the competition, said Ely Goldin, a Pennsylvania lawyer representing several exporters who have had property seized Why someone who goes to a dealer and pay the maximum for a car legally prohibited from selling the car that they want to sell it.
The Secret Service, Customs officials and authorities in at least 11 states were represses export operations, but with relatively little to show for their efforts.
They experienced a big setback in April, when a federal judge in Ohio has ordered the government to return the Range Rover, a Porsche Cayenne 64000 to 1 2 million in cash, he had taken the car Consultants Hollywood's judge Sandra Beckwith said prosecutors failed to provide sufficient evidence that the company had broken any laws because the vehicles were fully paid, Beckwith as skeptical as dealers, prosecutors who have been victims portraying as had been a loss.



A Porsche Cayenne with a sticker price of 49,600 hypothetical in the US sells for 148594 China Photo by Porsche.
One thing is certain export cars to China can be extremely lucrative, even considering the cost of obtaining and ship This is because many automakers set prices of Chinese sticker double or triple what that US buyers pay a BMW X6 for example, starts at 61900 US concessions, but in January 06 million yuan, or 171000, China.
Thus, exporters say they are simply enjoying the benefits of a free market and arbitrage opportunities that high prices and demand in China create.
You have the federal government protecting profit margins of foreign manufacturers, said Josh Widlansky, a Florida lawyer who represents Automotive Consultants of Hollywood, who says he locates vehicles to customers abroad, but does not export vehicles itself, you conducted entirely non-criminal that the government criminalized because of these private contracts between manufacturers and dealers.
For dealers, export is a mixed bag of sales exporters are often easy, quick sticker price transactions but those who knowingly sell to exporters - or don t do enough to rule out, even at the risk of missing their off target use months - may face the serious consequences of the plant, including financial penalties, known as chargeback the loss of future stocks or even the end of their franchise.



BMW, Rover, Mercedes-Benz and Porsche Land - four exporters the most favored brands - penalized their dealers in the United States with a total of 30 chargeback 4 million 2008 and 2013, the agent of Morgan Morgan secret services, who investigated the case of Ohio, said during a court hearing in March Land Rover accounted for 5 6 million of this amount.
It seems that almost everyone who served in the Army or the Air Force in Europe in the 70s and 80s - and there were hundreds of thousands of you - imported gray market 911 when.
Automakers estimated their losses at about five times the penalties imposed, Morgan testified and that may be a conservative figure.
A company Efans Trading Corp. Has been involved in the export of 2,000 luxury cars worth more than 80 million to be exported to China in 2012 should Efans 3,000 vehicles last year, said Morgan, before the government has seized millions of dollars from its accounts and dozens of vehicles.
Automakers maintain lists of known exporters and bar dealers to do business with them, but beyond this checklist, many dealers say they have few means to separate the straw buyers legitimate customers they want to refuse.



Goldin, the lawyer in Pennsylvania, said he is certain that some dealers deal knowingly with exporters to increase their sales figures and say they were duped when checked by the factory.
At another dealer Cincinnati, Joseph Porsche of Automall Kings, a seller has sold cars to new buyers out condition recommended by a man who now appears on the list of Porsche exporters, according to court documents All buyers paid with checks bank.
Porsche has issued 4,800 chargeback against the dealer, said Morgan, including 600 related to these new cars, five of which were later China CEO, Bill Winstel, the magazine declined to comment.
SUV BMW X6 are so often for export that dealers were given a list of signs that can signal a straw buyer Photo by BMW.
Political automakers on dealers who sell to exporters vary Porsche emits a chargeback starting only third sale of a franchise in a given year, said Morgan.
BMW and Land Rover each long letters to their dealers in the United States in recent months with more severe penalties for selling to exporters BMW letter, obtained by Automotive News says dealers linked to exported vehicles could forgo bonuses and allowances future vehicles if they can t even demonstrate adequate due diligence the first violation could be a franchise grounds for termination if the circumstances are especially flagrant, BMW of North America CFO Stefan Sengewald warned.



This practice is a serious violation of BMW center agreements Sengewald wrote He says authorities are investigating, among other claims, potential corruption or kickback schemes involving sales by BMW center center staff is the BMW term a dealer.
The letter also listed a series of warning signs that dealers need to monitor a potential buyer, such as travel far to buy a specific model or pay in cash without trade and no Test Drive It BMW says could distribute less X5s and North America X6 so many of them end up in China, where they are especially popular.
BMW said its dealers U S that these red flags could indicate a customer buys on behalf of an exporter.
BMW X5 or X6 with 3 5-liter engine Cash or bank check cashier down payment; credit card in another name; or credit card information provided without presenting the card No exchange and no test drive Traveling a great distance because you have the exact model I'm looking for student buyers Same as someone else on the list of exporters requesting a construction sheet Get the minimum insurance irritable and evasive purchases to other stores when asked to sign a non-export agreement.
New York Attorney General Eric Schneiderman has studied BMW, Land Rover, Mercedes and Porsche dealers around New York for months a spokesman Schneiderman's office said the investigation was ongoing and no charges were filed.



A dealer group, Prestige Motors, dismissed or suspended about six executives as part of the investigation in April, the New York Times then reported a spokesman for the group, including nine locations include BMW, Rover and Mercedes stores in the Land New Jersey, has publicly stated the company doesn t discuss personnel matters, but does not tolerate export transactions, she said that the letter sent to BMW dealers has not been linked to allegations against known BMW Luxury .
A Tesla Model S sedan bought to 81070 in the United States could sell for 121370 China Photo of Tesla.
Most cases against exporters came in the form of civil suits by the government rather than criminal charges Criminal cases generally involved in ancillary activities such as identity theft or tax evasion Two men have pleaded guilty in the New Hampshire last year to mail fraud charges.
Counsel for the exporters say that the absence of criminal charges in relation to the number of authorities allegations shows that the business model is basically legal Widlansky, Florida's attorney, said the export should be a matter between automakers and their dealers or between dealers and customers who violate the non-export agreements that are part of the many luxury car transactions routine Some dealers filed a straw buyers action after being penalized by a maker.
At Jaguar Land Rover Cincinnati, Morgan said the general manager, Rich Allen, was delighted to get government assistance to discourage exports, according to a transcript of the hearing officer Allen said his dealership receives and rejects three investigations of suspects exporter week and could sell its entire inventory in a week if not the screen exporters.


Morgan says the dealership has limited inventory and wants to sell to buyers who return to work Allen service did not respond to a request for comment from New automobile.
Chinese prices partly reflect the heavy taxes and customs duties of 25 percent on imported vehicles, but a report last year by Bernstein Research found that prices on several models were on average 37 percent higher in China, even after accounting for additional costs when Tesla Motors began selling its model S in China, he took the unusual step of charging the same price as in the US, plus shipping charges 3,600 17,700 in value added tax and 19,000 in duties and other taxes.
We know our competitors will try to convince Chinese consumers that our label relatively low price means that the S is a smaller car, Tesla wrote on his blog, when the real reason for their car costs more is that they make double the profit per car in China compared to the US or Europe.
Automakers argue that the vehicles they sell in a market are not designed to be transported elsewhere They say the cars sold in the US may have problems with the Chinese fuel with low octane, eg and that the maintenance of these vehicles warranty costs them more money, they also say they can t join the owners in case of a recall.



Beckwith, Ohio judge seemed unconvinced nebulae these questions aside, she wrote, it appears to the Court that the main concern of the manufacturers is to keep their profits in foreign markets from competition.








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