[mjposner]

Got me on old post on bankruptcy....

"BMW does not take pre-orders until they make a formal announcement as to the availability of a particular model." But apparently dealers do.

[mjposner]

ESCROW AGREEMENT

THIS ESCROW AGREEMENT (“Escrow Agreement”) is made and entered into as of the ________ day of __________ 2023 by and between the undersigned (the “Buyer”) with the address set forth below and Ward Damon PL, 4420 Beacon Circle, West Palm Beach, Florida 33407 (the “Escrow Agent”).

W I T N E S S E T H:
WHEREAS, Buyer is desirous of purchasing a BMW Z4, factory code G29 with a manual transmission (the “Vehicle”) from vehicle manufacturer BMW; and

WHEREAS, BMW has not publicly verified it is willing to produce the Vehicle; and

WHEREAS, the Buyer and other individuals further desire to evidence their willingness to purchase the Vehicle by placing, into escrow, a refundable deposit in the amount of $____; and

WHEREAS, Escrow Agent is willing to hold said funds, in escrow, and upon collecting at least ______ refundable deposits, to contact BMW, its North American affiliates, BMW dealerships and BMWCCA of the demand for the Vehicle in North America in the hope sthat such evidence will, in part, sway BMW to produce the Vehicle for the North American market.

NOW, THEREFORE, in consideration of the covenants and agreements herein set forth and other good and lawful consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Recitals. The foregoing recitals are true as of the date hereof and are incorporated herein by reference.

2. Escrow. Escrow Agent will hold the Subject Proceeds in escrow subject to the terms and conditions in this Escrow Agreement. The provisions of this Escrow Agreement will control in the event of any conflict with the provisions of the Sale and Purchase Agreement. Escrow Agent will not be deemed to have knowledge of any matter or thing unless and until it shall have received written notice of such matter or thing, and Escrow Agent will not be charged with any constructive notice whatsoever.

3. Collection, Delivery and Release of the Escrow Funds. Buyer shall deliver the escrowed funds to be held by Escrow Agent until:

A. BMW announces the production of the Vehicle;
B. Less than XX deposits are received by Escrow Agent in which event the Escrow Agent shall return all such escrowed funds;
C. Written request by Buyer to cancel this Agreement; or
D. One (1) years from the date of this Agreement.

4. Duties and Rights of Escrow Agent. Sellers acknowledge and agree that the Escrow Agent:
(a) will not be responsible for any of the agreements (other than those agreements made by Escrow Agent) referred to herein and will only be responsible for those obligations specifically imposed on the Escrow Agent by this Escrow Agreement, each of which are ministerial (and will not be construed to be fiduciary) in nature, and no implied duties or obligations will be read into this Escrow Agreement against or on the part of the Escrow Agent;
(b) will not be obligated to take any legal or other action hereunder which might in the Escrow Agent’s judgment involve any expense or liability unless it will have been furnished with indemnification acceptable to it in its sole discretion;
(c) shall be under no duty to give the property held in escrow by it hereunder any greater degree of care than it gives its own similar property;
(d) may rely on and will be protected in acting or refraining from acting upon any written notice, instruction (including, without limitation, wire transfer instructions, whether incorporated herein or provided in a separate written instruction), instrument, statement, certification, demand, consent, authorization, receipt, power of attorney or other writing or request or document furnished to the Escrow Agent hereunder and signed by an authorized representative of the applicable party and believed by Escrow Agent to be genuine and to have been signed or presented by the proper person, and will have no responsibility for determining the accuracy thereof;
(e) may consult counsel satisfactory to the Escrow Agent, including in-house counsel, if the Escrow Agent reasonably determines that such consultation is necessary, and the Escrow Agent will receive full protection for any action taken, suffered or omitted by the Escrow Agent in good faith and in accordance with the reasonable reliance of such counsel;
(f) will not be liable to anyone for (i) any action taken, refrained from, or omitted by it or any of its directors, officers or employees pursuant to this Escrow Agreement, except in the case of gross negligence, bad faith or willful misconduct; or (ii) not performing any act or fulfilling any obligation hereunder by reason of any occurrence beyond its control (including, but not limited to, any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, or the unavailability of the Federal Reserve Bank wire services or any electronic communication facility);
5. Notices. All notices, requests and other communications hereunder must be in writing and except as otherwise provided herein, will be deemed to have been duly given (i) upon receipt when delivered by hand, or (ii) upon date of delivery when sent by certified mail, postage prepaid, return receipt requested (or by such comparable method including overnight express delivery services), or (iii) on the day of confirmed transmission and receipt by telephone facsimile (provided, however, where receipt has been confirmed after 5 p.m. on any day, delivery will be deemed on the following business day), at the respective addresses of the parties set forth hereinbelow (or to such other address as a party may hereafter designate by notice given in accordance with this paragraph 5).


6. Governing Law and Attorneys’ Fees. The validity, construction, and enforceability of this Escrow Agreement shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of laws rules. If any legal action or any arbitration or other proceeding is brought in connection with this Escrow Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
7. Integration; Intent to be Binding; Amendments. This Escrow Agreement, and the agreements, certificates and other documents delivered hereunder, constitute the entire and complete agreement among the parties with respect to the subject matter hereof. This Escrow Agreement may be executed in any number of counterparts, and each counterpart constitutes an original instrument, but all such separate counterparts constitute one and the same agreement. Facsimile or other electronically transmitted signature pages hereto shall be enforceable and binding. This Escrow Agreement may not be amended except by an instrument in writing approved by all of the parties hereto.
8. Severability. If any term, provision, covenant, or restriction of this Escrow Agreement is held by a court to be invalid or unenforceable, the remainder of the terms, provisions, covenants, and restrictions of this Escrow Agreement will remain in full force and effect.
9. Waiver of Provisions. The terms, covenants, representations, warranties, and conditions of this Escrow Agreement may be waived only by a written instrument executed by the party waiving compliance. The failure of any party at any time to require performance of any provisions hereof will, in no manner, affect the right at a later date to enforce the same. No waiver by any party of any condition, or breach of any provision, term, covenant, representation, or warranty contained in this Escrow Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be or construed as a further or continuing waiver of any such condition or of the breach of any other provision, term, covenant, representation, or warranty of this Escrow Agreement.
10. Non-Exclusive Remedies. Any remedies set forth herein for breach of this Escrow Agreement shall be additional to, and not in lieu of, any other remedies available to a party at law or in equity.
The parties hereto have caused this Escrow Agreement to be executed as of ___________, 2023.

BUYER: ESCROW AGENT:

Ward Damon PL

By: _________________________________
Print Name:

Address: _____________________________

[Westside Guy]

I seriously doubt that there will be any takers but let us know when you receive any money.

[jdhiro]

mjposner stop.

[stlcdr]

Since this is a manual thread, about the manual Z4, and it’s expected (?) that the manual box will be the same as the Supra…has anyone actually driven a manual Supra?

(I’ve seen a few official reviews/videos of car journalists driving the manual Supra, and their responses seem underwhelming).

[BEAR-AvHistory]

Originally Posted by stlcdr

Since this is a manual thread, about the manual Z4, and it’s expected (?) that the manual box will be the same as the Supra…has anyone actually driven a manual Supra?

(I’ve seen a few official reviews/videos of car journalists driving the manual Supra, and their responses seem underwhelming).

A number of issues around the 1/2 shift in the reviews. For what its worth BMW has had slightly temperamental MT as far back as I have owned one, the first 2004 330Ci ZHP 6MT, 2013 135is 6MT.

A number of guys on the M4 forum have also commented on the shifting.

My wish set was the BMW clutch with the Acura 6MT box.

[geko29]

Originally Posted by mjposner

Good news is tat manual sales are up: www.theautopian.com/manual-gearbox-popularity

Bad news is that the take rate is only 1.7%

Context is needed. Manual take rate is 1.7% across all car sales, including the hundreds of models that don't offer an MT in the first place. The manual take rate for an Automatic-only vehicle is 0% by definition. On the other end of the spectrum, you have cars like the WRX (79%) and BRZ/GR86 (70%).

Right in the middle, you have Porsche, which has a 25% take rate on "normal" 718s and 911s (50% on high-end models like Spyder/GTx). That's probably the best comparison to use here.

[Bimmerfun82]

If they release a manual and then proceed to kill the Z4, I’m grabbing one for posterity

[Westside Guy]

Originally Posted by Bimmerfun82

If they release a manual and then proceed to kill the Z4, I’m grabbing one for posterity

If that is your game plan wait for the 2025 model which is supposed to be the last year for the production of the G29.

[mjposner]

Jdhiro do you even own a Z4?

Geko29, the point was that manual sales are up (but still low). That was the context. As for 25% being the best comparison, do you think BMW will produce a manual to sell less than 400 cars?

BEAR-AvHistory I have owned several 6 speed BMWs, and its an average shifter that can benefit from either a weighted shift knob (which even BMW sells) or a short shift kit. IMHO the jewel is the Miata manual.

[BEAR-AvHistory]

Originally Posted by mjposner

Jdhiro do you even own a Z4?

Geko29, the point was that manual sales are up (but still low). That was the context. As for 25% being the best comparison, do you think BMW will produce a manual to sell less than 400 cars?

BEAR-AvHistory I have owned several 6 speed BMWs, and its an average shifter that can benefit from either a weighted shift knob (which even BMW sells) or a short shift kit. IMHO the jewel is the Miata manual.

Yes you can modify to improve the transmissions shift performance. But at $70K to $150K I don't believe you should have to.

That said my BMW 6MT's are now all gone so its not an issue to me. I deliberately avoided getting an 6MT when I ordered the M4Cx based on prior performance.

Just have two non BMW 5MT's left.

[mjposner]

"Yes you can modify to improve the transmissions shift performance. But at $70K to $150K I don't believe you should have to." Agreed, but even adding this can help alot: https://www.turnermotorsport.com/p-7...429d5663c60798

[jdhiro]

Originally Posted by mjposner

Jdhiro do you even own a Z4?

I'm not sure what that has to do with anything. I had an E89 Z4, and I'm on the list with my dealer for a G29 w/ manual. BMW hasn't made the car yet.

[mjposner]

because you told me to stop and I had to know why you were even here...that said, did you actually leave a deposit or just on a list and what has your dealer said/promised?

[TAZ007]

Originally Posted by mjposner

Jdhiro do you even own a Z4?

Geko29, the point was that manual sales are up (but still low). That was the context. As for 25% being the best comparison, do you think BMW will produce a manual to sell less than 400 cars?

BEAR-AvHistory I have owned several 6 speed BMWs, and its an average shifter that can benefit from either a weighted shift knob (which even BMW sells) or a short shift kit. IMHO the jewel is the Miata manual.

I would have to disagree, the jewel of manuals was in my 2004 350Z. It was a precise, long lived short throw manual that was amazing throughout the 12 years I owned it. The BMW one was squishy and that is why I opted for the ZF8 in the M235.

[jdhiro]

Originally Posted by TAZ007

I would have to disagree, the jewel of manuals was in my 2004 350Z. It was a precise, long lived short throw manual that was amazing throughout the 12 years I owned it. The BMW one was squishy and that is why I opted for the ZF8 in the M235.

The 350Z manual was nice, but it was a tad light. I personally liked the heavier feel and snick-snick-shift-clicks from the S2000!

[tracer bullet]

Can we predict which manual the Z4 would get if it did get one? I haven't driven any stick shift BMW's since I bought my 135i which is ~ 12 years ago now. It's a fine shifter but not wonderful by any stretch.

[JustChris]

Originally Posted by tracer bullet

Can we predict which manual the Z4 would get if it did get one? I haven't driven any stick shift BMW's since I bought my 135i which is ~ 12 years ago now. It's a fine shifter but not wonderful by any stretch.

I do agree. Love manual but BMWs haven’t been the most mechanically slick I’ve felt.

[StanDiego]

Originally Posted by tracer bullet

Can we predict which manual the Z4 would get if it did get one? I haven't driven any stick shift BMW's since I bought my 135i which is ~ 12 years ago now. It's a fine shifter but not wonderful by any stretch.

Hopefully, aftermarket shifter kits will be available to remediate.

[jdhiro]

Originally Posted by tracer bullet

Can we predict which manual the Z4 would get if it did get one? I haven't driven any stick shift BMW's since I bought my 135i which is ~ 12 years ago now. It's a fine shifter but not wonderful by any stretch.

Literally whatever is in the Supra lol.

I'd be most happy if they put the new M2 S58 and manual into the Z4.

[TAZ007]

Originally Posted by jdhiro

The 350Z manual was nice, but it was a tad light. I personally liked the heavier feel and snick-snick-shift-clicks from the S2000!

If only the S2000 could have fit my 6-ft frame, it would have been my 04 car.

[yo4]

Munich had plans for an M40i with a manual gearbox at the start of G29 Z4 production.
Just wait one more year.