As a subject area will be considered "buying a car", but the proposed method is applicable to other problems. To whom it is interesting – welcome to the cat.
Deciding to buy a car, I, wishing to save time and nerves, turned exclusively to official dealers and still faced the specifics of the Russian car market. Below, when describing contacts with dealers, I actively use the word "some" to offend anyone (because there were differences in attitudes even among authorized dealers of the same brand).
Brief description of the problem
When calling, as a rule, you are trying in every way to lure into the salon (some even claiming that cars are available, although this is certainly not the case). In the salon, none of the managers particularly in a hurry, and time flows through the fingers: the contract is not printed, the power of attorney is overdue, it is not issued for the conclusion of contracts for the sale of cars, etc. Etc.
Having received this experience, I decided not to waste any more time on the formal part (everything related to the contract), but to clarify this at the first telephone conversation. However, it turned out that the problems with the contract (oddly enough) are typical for many official dealers:
- Some firms refused to send a standard contract of sale.
- For some, the name of the Seller has nothing to do with the declared official dealer. Just another company.
- Some had a contract, to put it mildly, "no". Or even offered to sign a contract with a number of blank fields (including VIN! Ie, they entered the wrong VIN and buy used at the price of a new one!).
- Some of the contract is adequate in form, but the buyer's rights are minimal. Or the seller's rights are sky-high.
- When trying to discuss the dubious points of the contract, a specially trained person usually comes into the conversation, whose sole purpose is to explain to you, and not whether you're a camel? And that the contract they have is true, and they are not the first year on the market, etc.
Statement of the problem and the proposed solution
So, my task as a buyer: save time and buy a car .
The charter to explain the absurdities in the contract of the next dealer, I realized that I do not even want to read their contracts anymore, because I already understood that it was me It is necessary and "I guess in what and how I will be deceived" ©. So I realized the first step to solving the problem.
The first step to solving: the reuse of code
I need my version of the contract, which I know and does not need to be re-read . This contract is typical for a transaction of this kind, so I can treat it to any dealer. This version of the contract protects me (legally) from possible frauds of an unclean dealer, but does not put an honest dealer in an uncomfortable position. Therefore, this treaty is honest.
So, the first step to the decision is Honest Model Treaty . Obviously, such an approach will not work "on the forehead": one will simply ignore it with his contract. And the first step naturally follows the second step.
The second step to the solution: To tell about the solution found to the community
The power of Semantic Versioning will manifest itself only if it is accepted by the community. The same mechanism works for the Honest Model Treaty, but with even greater effect. Using the proposed approach, the person himself gets an advantage, and at the same time enhances those who already use it and gives the advantage to those who will use it later. As a matter of fact, a system with positive feedback is obtained, which is self-contained.
In the case of Semantic Versioning "Clearly defining and articulating the idea of versioning, it becomes easier to communicate intentions to users of your software." In the case of an Honorable Model Agreement, it is easier to understand the dealer's intentions: simply ask the question: "Do you work for an Honorable Model Agreement?" (Possibly with the version number).
However, it's not enough to tell about the solution found. It is also necessary to organize joint work on an Honest Model Treaty. And this is the third step.
The third step to the solution: the organization of teamwork.
To work together on an Honest Model Contract, a repository on Github was created with the original text of the contract in .TeX format.
Everyone can help in the completion of the contract. Here are the main directions:
- Finalization of the text of the treaty. Especially if you are a lawyer or dealer representative . The contract must take into account the risks of the seller, but the buyer should not share these risks. Knowledge of the Seller's business processes will help improve the contract, it is even possible to prepare several versions depending on the specific conditions.
Example : if the car is already in the cabin (in the warehouse) the delivery time can not be 1.5 months. Otherwise, in the case of an unscrupulous dealer, the Buyer already has a risk that from the full prepayment amount, simply "twist" the interest. And, conversely, if the car is only in supply, and even from abroad, 1.5 months is an adequate period.
- Stylish execution of the contract. In the current version, not everything is smooth with LaTeX markup.
- Improved ease of use.
Add the opportunity without changing the source of the contract to create a pdf-file that includes the data of the Seller and the Buyer (presented, for example, in two json-files). Creating an instruction how to compile a finished pdf document from the source (for example, I used the online service, but I think that there must necessarily be an offline option).
- Popularization of the idea of an Honorable Model Treaty.
- Actualization of the Honorable Model Treaty. For example, in case of changes in legislation.
Economic feasibility study
I want to believe that with the implementation of the Fair Model Agreement, relations between people will change for the better. And that the quality of the service will increase.
In addition, the contract can be a good illustration in the study of the subject area, if you provide comments on each item: what is important and what risks the person incurs when changing the wording or deleting this item.
However, the main thing that can be obtained by using the Fair Model Contract is time saving. Saving time is achieved in the following areas of activity:
- Studying the pitfalls of this subject area.
- There is no need to read separately the contracts of each dealer (if the problem was in one or two dealers, this article simply would not have existed).
- There is no need to propose and agree on corrections to the contract of each dealer.
- If something goes wrong, then with the correct contract (and clear terms in it) you can initiate a trial faster and return the prepaid amount earlier.
Under the spoiler, my assessment of the time-saving effect of the massive use of the Fair Model Contract. The estimate is very indicative so if someone can offer a more adequate estimate, please bring it in the comments.
- 05 min. – Request and receipt of the contract.
- 30 min. – Proofreading and analysis of the contract.
- 15 min. – Attempts to agree on issues related to the treaty.
Total for 1 dealer, 1-person spends an average of 50 minutes. (bottom line). And since the problem with treaties takes place, we will proceed from the assumption that the first person will have to work out a minimum of 2 dealers. Those. The minimum costs per person will be: 50 min. / Dealer * 2 dealers = 100 min. = 1h. 40 minutes
Now we will estimate the number of contracts per year. According to
about the automotive market in Russia from Wikipedia, the average annual sales volume of cars for the period from 2008 to 2012 amounted to about 2.3 million pieces.
And judging by the diagram of the structure of the automotive market in 1999-2017, it is a question of new cars, and there are also used cars.
On the other hand, the car market has its own specificity (including commercial vehicles, it is unlikely that they acquire physical. Person). But we need to build on a specific figure. Suppose that the number of prisoners nat. The number of parties to contracts for the purchase of cars is approximately 1 million pieces per year.
The current 2017 accounts for 1,752 hours (247 working days – 28 holidays = 219 days = 1,752 hours with an 8-hour working day). ]
Assume that 1 person-year ~ = 1752 person-hours.
The savings of each person when using the Fair Model Contract will be 5 / 3h.
For the year will be saved: 1'000'000 * 5 / 3h. ~ = 1'666'666 hours.
1'666'666 man-hours / (1752 man-hours / 1 man-year) ~ = 951 person-year.
Labor costs for The drafting of an Honorable Model Treaty is roughly estimated at no more than 1 person-year. For example, if 35 people want to work on it, each of which will spend 50 hours on it. Or 50 people for 35 hours each.
Time saving 950 working man-years! Or else the work of 950 people during the 1st year.
Briefly: let the average buyer spend 50 minutes on the analysis of one contract and he has to study the contracts of at least two dealers. That with 1'000'000 transactions per year will be ~ 951 working man-year.
Using an honest model contract, we will get a saving of 950 man-years!
How it works
As soon as the version of the Honest Model Treaty is ready, everyone can use it. The original text of the contract is generally available, it is only necessary to add data about the Seller and the Buyer.
Most likely the dealers are satisfied with their current version of the contract, therefore the initiative to take advantage of the Fair Contract will come from the Buyer and will go through the following stages:
- Dealers are not aware of the Honorable Model Contract. But from their potential customers regularly receive references to it.
- Dealers are already in the know, but do not know how to react and pretend to be "not in the subject."
- One of the dealers decides to use the Honest Model Treaty as their trump card. And loudly declaring this is gaining a competitive advantage.
- Now other dealers from their potential customers regularly hear the question: "Why do not you use the Honest Model Contract? Here is the dealer_of_point_of_to use! Do not you want to work honestly? "
- Other dealers are forced to switch to the use of an Honorable Model Treaty.
At stages 1-3 in the arsenal, the potential buyer has such arguments:
- The purchase of a car is a typical operation, and an Honest Model Agreement is already foreseen for it.
- Do you want to sell a car? Please, read this version of the contract. If your company does not like it, send me a protocol of disagreement.
- If your contract is approved by the official representative of the stamp, where is the reference to it on the official representative's website?
The current version (0.0.1) of the Honest Model Contract: