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RESOLVED! Dealer screwed me - 10k over msrp - Lindsay Ford - Wheaton, MD

dbeyers

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I have the same thing, look closely in the bottom right corner and it says this is not an invoice. I can't understand how dealerships justify adding on ADM when all they did was basically broker the deal that you already chose. It's total garbage, but I doubt you have an actual contract. Did you put money down or are you talking about the original $100 reservation fee?
It doesnā€™t need to be signed by both parties to be an agreement
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dbeyers

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I put down a $1000 deposit. Agree that the 'not an invoice' language is detracting but I'm at the point where I'll let a judge decide it. And the dealership will have to defend it.
Theres communications from Ford all over the place that orders have to be placed by a certain date in order to lock your price. The price is either locked or it isnā€™t.
go get ā€˜em!
 

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Hey- new to this forum, not new to Broncos and like most I made a reservation months ago, converted it to a 2021 OBX and then had to convert to a 2022 in Oct '21. I was a guest at an Off-Roadeo sponsored by my ordering dealership. They are a long established dealership-- one of the oldest in the nation,

I have bought, sold, ordered, traded and driven nearly 30 cars (including a '77 Bronco and a "82 Bronco) in my 65 years....and here are my thoughts and they are not clouded by any legalese or emotion -- remember, before you go throwing rocks, these are my OPINIONS based upon many years experience as a consumer in this area.

First, when you "order" a vehicle, you negotiate a price, fill out some sort of documentation, put your mark on it, and, in most cases put some sort of "consideration" (money) down to BIND what is a contract between you, FORD, and the dealership. I believe (based upon many conversations with many dealership personnel) that this is a "CONTRACT" plain and simple, and NOT simply an offer to purchase. More importantly, I believe it is between YOU and FMC because the dealer will NOT be purchasing this vehicle and then re-selling it to you like the cars on his lot. In other words, the dealer (in spite of what they tell you) has NO skin in this game other than the fact that he will chalk it up as a sale on his tally with Ford.

So, my input is simple, ANY customer who makes ANY type of exchange of this type and walks away from the transaction with the dealership has made a CONTRACT with the dealer plain and simple to facilitate this purchase you are making from FMC. ANY added DMA after that transaction is simply a BREECH of the Contract....
I think in the case where the vehicle is already in production and the manufacturer has existing production slots designated by a VIN, but not yet fully configured for production, your position is correct. You can order a vehicle to your specifications (option choices) and negotiate the price in advance via a sales contract. I have done that exact scenario.

With the VIN-less Bronco at time of order, it's a different scenario; a sales contract cannot be created without a VIN.
 

faziorf

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Theres communications from Ford all over the place that orders have to be placed by a certain date in order to lock your price. The price is either locked or it isnā€™t.
Unless you are referring to something I missed, my understanding is the price protection was for folks bumped to MY22, not locked in prices with dealers, who, depending on how they want to run their business, have some "flexibility" to screw folks at their whim.

Ford Bronco RESOLVED! Dealer screwed me - 10k over msrp - Lindsay Ford - Wheaton, MD 1638723361717
 

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It doesnā€™t need to be signed by both parties to be an agreement
Just because a signature is on something doesn't mean it's a contract. I have the same paper that clearly states this is not an invoice, so I don't know how much more clear it can be. I also didn't see that at first because I was so excited just to be getting my Bronco ordered. My bad, but a lesson I learned with buying a new car.
 

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Just because a signature is on something doesn't mean it's a contract. I have the same paper that clearly states this is not an invoice, so I don't know how much more clear it can be. I also didn't see that at first because I was so excited just to be getting my Bronco ordered. My bad, but a lesson I learned with buying a new car.
Many contracts aren't invoices. Contracts can take on many forms.
 

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Many contracts aren't invoices. Contracts can take on many forms.
I think what the dealerships are doing is absolutely wrong. If you chose your build, took your business to a dealer, and then they tried to be quiet about discussing the price because they were trying to secretly screw you over it's a huge issue. I'm facing the same situation so I completely get it. Legally they might get away with it, but it's ethically wrong.
 

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I also don't see how dealerships think they can justify charging you more when you did all the leg work. These dealerships haven't done anything, they literally took your reservation and converted it.... It's very short-sighted on their part. I feel it's purely greed, but then again I hold Ford motor company more responsible than the dealership because of the garbage layout for this release. The fact that Ford let us put money down in reserve a vehicle, then build it out how we wanted it prior to ever talking to a dealership should mean that our prices are locked in at MSRP, if not less should you have talked to a dealership prior to the point of conversion. All in all it was a very confusing process and it allowed for dealerships to screw customers. Ford motor company isn't doing anything for the consumers.
 

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Just because a signature is on something doesn't mean it's a contract. I have the same paper that clearly states this is not an invoice, so I don't know how much more clear it can be. I also didn't see that at first because I was so excited just to be getting my Bronco ordered. My bad, but a lesson I learned with buying a new car.
I think you can have an agreement separate from a contract - it's a nuance for sure, but if you move to legal procedure you can be sure things like this will come up. I think it's a reasonable assumption to make that an agreement was made to order a vehicle with these options and agreed to. I think we get into nebulous territory with some dealers that they can say that was not an agreement on price in the vacuum of a verbal agreement, even though it'd be logical to assume it was a given, since the numbers are right on there.

The dealer is playing shenanigans based off the assumptions made, which sucks for the people that are getting slammed with surprise 10-20+% markups.
 

OU812

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The dealership agreed to MSPR and no ADM. The paperwork I signed reflected that. The idea that a dealership can reneg and charge an additional $10,000 on the day I arrive to pick up the vehicle is complete and utter hogwash and is clearly a bait & switch tactic. We had a meeting of the minds - a verbal agreement and written agreement memorializing MSRP deal with a $1000 deposit. Dealerships cannot be allowed to play games like this or we will all continue to suffer under their shady business practices. This will depend on the state you're in but in MD the UCC is pretty clear here that they have repudiated our contract. I'm not willing to roll over which it appears a lot of folks have unfortunately done which is understandable given the circumstances.
Good luck with it. "Get it in writing" is the first rule of eliminating ambiguity.

I can see the dealership coming in and saying there was no meeting of minds and the document is titled "preview order" and notes that it is not an invoice and we didn't sign anything, and don't agree there was a verbal agreement.

As someone else said, if you really want to push the issue, sounds like you need to file for an injunction and specific performance of what you feel is your contract.
 

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My earlier post was admittedly an off the cuff response. Took a few minutes to look into it and hereā€™s what looks to be the relevant statute (full disclosure, Iā€™m not a Maryland attorney):

Md. Code Regs. 11.12.01.15

http://www.dsd.state.md.us/comar/comarhtml/11/11.12.01.15.htm

A. Contracts. A vehicle sales contract or agreement shall be evidenced by an instrument in writing containing all of the agreements of the parties. It shall be signed by all parties before the seller delivers to the buyer the vehicle covered by the agreement.

B. Copy of Instrument. At the time the buyer signs the instrument, the seller shall deliver to him an exact copy of it. Until the buyer signs the instrument and receives a copy of it signed by the seller, the buyer or prospective buyer has an unconditional right to cancel the instrument or order and to receive immediate refund of all down payments or deposits made on account of, or in contemplation of, the agreement or order.

I think this is what they may be relying upon to claim thereā€™s no binding agreement to sell at MSRP.

Again, it sucks, and I hope Iā€™m wrongā€¦
 

SPITmadFIRE

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This is awful OP, I really hope you follow through on this to fruition. Let us know if thereā€™s anything the rest of us can do.

This has been my worst fear throughout this entire process. My dealer has consistently refused to sign anything I ask them to; DORA, purchase agreement, anything. Iā€™ve signed my own copy of the DORA where no markup is shown, but I have this sneaking suspicion Iā€™m going to get surprised when I go in to pickup my vehicle around Christmas. Iā€™ve got one price offered by them on the back of a business card they already said they no longer offer, and another price advertised via email from January when the ability to switch dealers made them have to compete with others in the area, but only verbal confirmations of no ADM and printed out DORA sheets since.

Even if my dealership honors their MSRP guarantee, @Ford Motor Company needs to realize this has been the worst reservation/order/purchase experience Iā€™ve ever hadā€¦ I paid markup on my Focus RS years ago due to how limited they are.

EDIT: if we have any California legal experts here, can someone explain how CA Vehicle Code 11713.1 (e) applies here? This clause makes it illegal for dealers to sell vehicles for more than the lowest advertised price ā€” I would assume an email stating a price on my bronco order is an advertisement?
 
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bronco2drga

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Here's the thing, this release of the new Bronco after however many years should have been a positive thing for the consumer and Ford, as well as an opportunity for dealers to take some of the Jeep market. I think everybody's been pretty understanding of the wait time and working through all the little things associated with commodities, issues with the tops, etc. MSRP should have been the standard for this vehicle and if you wanted to get a better deal you could have shopped around for a dealership willing to give you invoice pricing, not initially having to go out of your way to find a dealership that won't screw you. It's super bad business and honestly I probably won't ever buy another Ford after this.
 

dbeyers

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Just because a signature is on something doesn't mean it's a contract. I have the same paper that clearly states this is not an invoice, so I don't know how much more clear it can be. I also didn't see that at first because I was so excited just to be getting my Bronco ordered. My bad, but a lesson I learned with buying a new car.
You also donā€™t need a signed piece of paper for it to be considered an agreement
 

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You also donā€™t need a signed piece of paper for it to be considered an agreement
You have to have a very clear document signed unless you want to be in a situation where it's he said she said. I think the days of verbal agreements are a thing of the past.
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