[Wynn]

JohnPaul,

Yes, I think there is merit in being heard together. How many of us are there? I only know of you and Bruce K, among the Texans who post to MINI2.

And, I'm uncertain of how to go about getting the attention of MINIusa, though I'd like to do that, in some friendly fashion. I would love for the lot of us to get together and ask, collectively, for MINIusa to first take action, and then, perhaps, offer us an explanation. Or perhaps do something special for us while we wait, like haul a few MINIs into town for us to drive once, to whet our appetite, while MINIusa gets its act together and moves toward opening dealerships.

...I really feel like they owe us an apology, but that's not important to me. I'd just like to see the dealerships open, and put my name on a list. And, I'd love it if MINIusa offered us a test drive in the mean time.

Peace,
wynn

[Deuce Coop]

Wynn

Add me to your list of known Texans, and one who is willing to participate in an organized plee to MINI to get on the ball and do what it takes to establish a business that is destined to be a success in our little country.

PS- I''m located in the DFW Metroplex

[BRG4Me]

I'm in Houston, where it is almost a certainty that Momentum will end up with a franchise. I spoke to the GM, who told me they are planning to dump Saab from the facility next door and make it a MINI store.

[JohnPaul]

Let us march against the beast! (that is until we have our MINIs)

But, hey, I'm not a rebel rouser. So how does one go about gathering names and bugging MINIUSA and BMW? And to what end? Would we need, say 10,000 names to even get noticed? And isn't this against MINI's Let's Motor (and be mellow) campaign?

So how many Texans are there who want MINIs. If they all told a friend, and they told a friend...

[Legion242]

Although I have to say that I am getting very frustrated with this situation. This is clearly a problem that MINIUSA is happy to perpetuate. As the DMN article says, the permit is ready to print; all they need is the Freakin list of dealers. I have brought up this issue on some other forums before and it is amazing to hear all of the peeps out there in other states (who are happily motoring in their Minis) blaming the state for this problem and showing very little sympathy. Sympathy is not exactly what I am looking for, it is very clear that us Texans need to stick together. I am starting to wonder if MINIUSA ever really intends to come to Texas- they sure as hell don't need to: they can sell all of their cars without us.

And another thing: I don't accept this argument (from other forums) that we, as Texans, should stop our belly-aching and just get a car from out-of-state. I know that there are several peopl who are doing this, but it is just not a very viable option.

So, to wrap up my rant that has gone on way too long- please count me in on any plans to appeal to MINI or at the very least for a sympathetic ear.

[erazo]

Though not a Texas resident, I have been following this case with interest, as it is a textbook example of what can happen when the state tries to legislate fairness, as with the franchise law (and believe me, we have plenty of examples of bad law here in California).

The result here is that neither side has an incentive to do anything, and in fact, the best thing for both sides is to do nothing.

Consider: when BMW NA submits a list of franchises, whoever is not on the list will file suit invoking the franchise law, and and everything will come to a screeching halt, except that now some legal bills will have to be paid.

On the other side, if the state approves the list of franchises, some higher ranking bureaucrat (attorney general, governor, etc) will find a political reason to find fault. Finally, all it takes is one compliant judge to issue an injunction, and you're back to square one. This is one reason state bureaucrats hate to make decisions.

I wish I could be more optimistic, but I don't see any solution outside repeal of the franchise law, which can't happen anytime soon.

None of the above even takes into account the allocation adjustments that would have to be made to supply the new dealers (another disincentive for BMW NA).

[Sejanus]

Quote:

Originally posted by Legion242
And another thing: I don't accept this argument (from other forums) that we, as Texans, should stop our belly-aching and just get a car from out-of-state. I know that there are several peopl who are doing this, but it is just not a very viable option.

Well now that the Mavericks are history I can afford to show some compassion for Texan MINI lovers. Seriously though, you do have my sympathy. I'm frustrated waiting for my MINI, it must be incredibly frustrating to not have any idea if it is even ever going to be available in your area. And I don't blame you for not wanting to buy out of state. The actual purchase of the car might be doable, but I certainly wouldn't want my only authorized dealer to be hundreds of miles away.

[BRG4Me]

This seems just like the dust-up that occurred when the X5 was introduced, but the "all or nothing" attitude may prevail this time and keep MINIs from being sold here - what a pain. For now, I still plan to buy my car out of state if a fair deal (including the registration/taxation issues) can be done. If it breaks, BMW will have to transport it to "the closest MINI dealer" for service... once they pay for a few out-of-state tows, they will probably change their tune and set up some service centers at least.

[JohnPaul]

I sent an email from the miniusa site and received this reply:



Hi John! Thanks for writing in!

Yes, you are among the great many Texans who have wrote in wondering the same question. Here's the latest information I have for you, I hope it helps!

MINI very much wants to sell its products in the state of Texas. Accordingly, we have been working with the Texas Motor Vehicle Division to obtain the necessary licensing to sell the MINI passenger car line-make in that state.

After our April 2001 submission, the Texas Motor Vehicle Division asked us for information that was not developed yet. When we had all of the information that the agency requested available, we submitted it to the State. That occurred in December 2001

We recently received a new request for information. We are communicating with the TMVD now on that request. Once licensed, the MINI Division will be in a better position to determine the best way to move forward in the state.

We hope to have this resolved as quickly as possible.

The best thing to do is register on www.miniusa.com to stay in touch with the latest MINI news. Once on the site, click on "Get in the Loop" and "Become an Insider". This will allow us to email you automatically with updates, including when there will be dealers in your area. You'll be among the first to know!

Thanks again for your interest in MINI.

Sincerely,
Jen Schuelke
MINI Division
Customer Relations


--Original Message--

i know you've been asked questions like this about a zillion times (i hope) but here goes: there are thousands of Texans who are aching for a MINI. We've been reading and hearing all kinds of reports about BMW and franchising rules and state laws. But we're confused. Can you issue an official status report on Texas MINI dealerships?

Thanks

[Mini1380]

Newspaper article from May 18th.

http://classifieds.dallasnews.com/au...8.a07840c.html

[erazo]

Quote:

Originally posted by Mini1380
Newspaper article from May 18th.

http://classifieds.dallasnews.com/au...8.a07840c.html

Whew! The article raises more questions than it answers, and if the reporter had done a little more probing, he or she would have opened a significant story.

First off, why was the article buried in the classifieds section instead of the business section? Looks like the editor was a bonehead too.

The MVD official is quoted as saying that the license would be granted immediately when provided with a list of dealers. This implies that the list would be processed without evaluation. If that is the case, then what is the purpose of the list?

On the other hand, let’s assume the list would be evaluated by MVD officials. For what purpose? Since when do state officials have the authority or responsibility to make business decisions, when they are immune from the consequences of those decisions? Is this authority codified into law? If so, how does it serve the interests of Texas consumers? (It definitely serves the interest of a handful of powerful “me or nobody” car dealers.) But if the authority is not codified into law, then the BMV official has overstepped his or her authority and should be fired.

Get with it, DMN reporters. You have a service to fulfill. This is America, man.

[PghArch]

Erazo, I think your analysis is right on. While I do feel sorry for the folks in Texas, I think the attitude that this has been caused by MINIUSA may be misplaced. It also may be right on, but here is what I note:

MINIUSA has apparently identified a list of about nine potential dealers for the car. Likely they cannot enter into a final contract with those dealers until the car is authorized for sale in the state.

The state of Texas has indicated that they will not process the application to sell the car in the state until they know exactly which dealers will receive signed contracts to sell it. They have indicated that a list of potential dealers is not adequate, they need to know the exact list of dealers.

MINI legal probably has a very specific set of requirements for who may sell the MINI and under what terms. Despite frustration about dealers such as Niello, even they seem to be playing by some specific rules. Plus, there is reason to believe that they may pay a price in coming years based on their behavior.

So, the state of Texas is asking MINI to commit to signing contracts with a certain set of dealers, before they are allowed to negotiate the final terms of the contract. Why? Shouldn't a list of potential dealers be adequate?

What if MINIUSA legal comes up with a way to make a binding contract contigent on state approvals and submits a list of five dealers. Say one of the dealers gets construction quotes from the work, or feedback from a local design review board and decides they can't afford to do it and they back out of the contract. Does this make the car no longer legal to sell in Texas, as the list MINIUSA provided no longer matches the dealer list?

What about all the other cars sold in the state, are they all approved only upon submission of dealer lists? Every time a dealer opens, closes or supports a new brand does every car in all those brands have to go through a re-application?

This is something for Texans to take up with their lawmakers in my mind. If it were as simple as the bureaucrats said you can bet it would be done by now. There is something we don't know, and I'm sure it isn't a desire by MINIUSA to limit their sales market.

[erazo]

PghArch, you have stumbled upon the unintended consequences of state regulation of commerce. Actually, these consequences should have been foreseen, and perhaps they were, but no one said anything because it was a regulatory windfall for the regulators and a litigation windfall for the lawyers.

And while the regulators and lawyers duke it out, Texans have to go to Memphis or New Orleans just to buy a damn car.

But at least it's fair.

[MGB Boy]

Sorry guys, but whatever you may think of the Texas laws, whether they are overly burdensome or whatever else, the bottom line is that the laws exist and every other car company around has been able to deal with these laws and these permitting procedures and has been able to do business in Texas. BMW/MINI know what the rules are, they knew going into this what the rules were, they simply don't want to comply with them. Cut the list from 9 applicants to 4-5 likely candidates, and you get your permit. That's all Texas is asking for at this point, just narrow it down to those dealers which MINI is "likely to grant franchises to". MINI refuses. Companies from Kia to Daewoo to Hummer to Acura have managed to comply with these requirements, but MINI can't? Sorry, but I lay the blame for this squarely at the feet of MINI/BMW.

-Ricardo

[Mini1380]

Trying to remember back to previous threads and other conversations with dealerships, and potential dealerships.

I think that BMW has a list of 9 dealerships because that is how many Texas BMW dealerships have applied to become MINI dealerships. BMW only wishes to support 5 MINI dealerships in Texas due to various reasons including market saturation. If BMW actually selects the 5, then the other 4 have some sort of recourse in Texas to sue to be able to become a dealership. This is the proverbial question, which came first, the chicken or the egg (the MINI dealership, or the Texas approval).

[BruceK]

Quote:

Originally posted by JohnPaul
I sent an email from the miniusa site and received this reply:....

That was almost word for word the same form email I received from MINIUSA and posted at the start of this thread some 3 and a half months ago.

MINIUSA needs to get its thumb out!








____________________

(Sorry. Just venting some pent up frustration on this whole never-ending mess.)

[Legion242]

This has been my argument for a while now to non-Texans who are lucky enough to be driving their Mini's:
No matter how ludicrous the request for this list might be, it is equally as ludicrous that MINIUSA can't hand it over. EVERY other new marque that comes out has succesfully figured out this paperwork in this state. Anyone who doesn't think that MINIUSA/BMW might have some sort of other motive is not seeing the forest through the trees. I personally am preparing myself for the prospect that MINIUSA will never come to Texas... it will always just be some quirky flaw that they couldn't work it out and they will use it to their advantage. WOE IS ME!!!!

[erazo]

Some folks appear to be forgetting about what happened with the BMW X5, and before that the Lincoln Navigator, in Texas, thanks to the whining by some powerful and apparently influential car dealers there (I guess in Texas car dealers rank among the politically influential).

If Ford or Chrysler or GM came out with a limited production, high-demand vehicle (not very likely), they will run into the same problems in Texas that BMW did with the MINI. With no incentive to surmount these problems (and I don't dispute that there is absolutely no economic incentive for BMW to disregard the advice of its legal staff and push ahead aggressively to open more dealerships), no progress will be made from the manufacturers side.

[BRG4Me]

In this crazy state, car dealers wield tremendous political clout, mostly because there are relatively few "players" who own a vast number of dealerships under a variety of assumed names, and these "players" are big time contributors to Texas politicians and judges. Yes, we are one of the few states that elect our judges... how dumb is that?

I wonder... how did DaimlerChrysler figure things out? Not every Dodge store in this state can sell Vipers, so how come the "have nots" aren't fussing?

[erazo]

Quote:

[i]I wonder... how did DaimlerChrysler figure things out? Not every Dodge store in this state can sell Vipers, so how come the "have nots" aren't fussing? [/b]

No doubt CAFE (corporate average fuel economy) may have something to do with it. Vipers are "cars" (as opposed to "trucks" such as SUVs), and their MPG skew the CAFE to the right. Thus, they need to sell a Neon (or equivalent) or two for each Viper sold. So Chrysler can use CAFE as an excuse to circumvent the franchise laws to allocate Vipers to the dealers who sell the most subcompacts.