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

[Smeagolsaur]

Hey OP, as a side note, I have found several 2 door CG badlands for sale at MSRP. now I dont know your s0ecific build but I bet you can get another one pretty similar to what you ordered from a different dealer if you need to...

Great to know. If you dont mind shooting me some links, I would greatly appreciate it.

Sponsored

 

[kylesredapple]

Great to know. If you dont mind shooting me some links, I would greatly appreciate it.

Tell me what your build is so I don't waste extra time please

 

[Smeagolsaur]

Tell me what your build is so I don't waste extra time please

2 door badlands - cactus gray, 2.7 engine, sasquatch package, high package, tow package, roof cross bars, mic top. If you're seeing lux package I will entertain that as well.

Thank you! This community is awesome.

 

[STX Bronco]

Tell me what your build is so I don't waste extra time please

Now you got me interested to look at them Kyle. That’s my same build too. Although I am inclined to wait for now. Not here to under cut ya Smeag.

 

[Lake Tahoe Traveler]

There are a lot of statements and opinion in this thread. As a real estate attorney, I'll just say this and keep in mind every state may operate differently. The reason the sales contract the dealer would have a purchaser to sign is labeled as "not an invoice" is generally because a serial number or VIN is not yet readily available. Secondly, offer and acceptance does not occur unless the seller has signed. This may differ from state to state but in the areas I've practiced law.. a buyer signing an offer is not legally binding.

Now, I'm not trying to be flamed here and I am on the OPs side.. I just find it tough to believe outside of public outcry/Twitter warriors and getting Fords direct attention that anything will actually happen. The dealer bought the vehicle from Ford and now has the right to sell it to anyone for any price until they enter into a sales purchase agreement which to my opinion on the matter has not happened. Good luck.

So the dealer can use your reservation, of which you paid $100.00 for, (and waited 17 months for your Bronco) and the dealer can sell the car to someone else???? Isn't that stealing???? Aren't they stealing from you? Its not their VIN number but yours. You paid for that privedge when you antied up $100.00 to secured your reservation from Ford. The dealer was not assigned the Reservation number. The VIN was assigned to the Reservation holder not the dealer. The dealer does not own this. The customer does.

You can not tell someone that the car purchase price is MSRP (verbally or literally) at the onslaught of the deal (order), then later (after they the dealership and Ford have provided you a DORA with with your reservation number on it, with actual prices that both parties agree to which were the terms of the contract....then after 17 months the car arrives… then after the fact, claims they have a right to change the terms and conditions of the deal because the market price has changed???? Therefore, they are entitled to steal your reservation/ aka assigned VIN number and do what ever they want? That is ridiculous.

OFFER (DORA from Ford and dealer) ACCEPTANCE (Customer signed and agreed to the terms of the purchase with the dealer based on the MSRP price, then the sales person emphatically says the purchase price is based on the MSRP). Then the dealer accepts a $1,000.00 deposit (as additonal consideration of that purchase agreement). The car in exchange for money base on the MSRP DORA is the agreed upon CONSIDERATION. CAPACITY the dealer recieving from Ford the Bronco in exchange for agreed upon funds.

No where does the dealership have the right to "willy nilly "change the terms of the deal.
They can not make things up as they go!!!!

If the dealer does not sell the Bronco for the agreed upon price, they are in breach of the original agreement aka contract. (period)

ALL THE ELEMENTS OF A LEGAL BINDING AGREEMENT HAVE BEEN MET.
(The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, element of consideration can be satisfied by a valid substitute.)
Mutual assent: Agreement by both parties to a contract. Mutual assent must be proven objectively, and is often established by showing an offer and acceptance (e.g., an offer to do X in exchange for Y, followed by an acceptance of that offer).

ALSO.....
Ford is also party to this deal. They set the terms of which you had to pay for a reservation number and had to purchase the Bronco from one of their franchise dealers. You could not buy from them directly. They too are in on this deal because we used their (Ford's) Build and Price in the process, their DORA ordering system, the dealer is obligated to follow the Ford policy they have created for this reservation system, which I'm sure does not allow for them to rip off Reservation holders!!!!!etc.

I'm not saying your wrong... just that this Contract issue is far more complicated than it appears.
Please don't take this as a flame. Just offering food for thought. I get emotional about this stuff.
Bullies suck!!!!

 

[Aerie79]

So the dealer can use your reservation, of which you paid $100.00 for, (and weighted 17 months for for your Bronco) and he can use what is not theirs any way they choose????? Isn't that stealing???? Aren't they stealing from you? Its not their VIN number but yours you paid for that privedge when you antied up $100.00 to secured your reservation from Ford. The dealer does not own this. The customer does.

You can not tell someone the car purchase price is MSRP (verbally or literally) at the onslaught of the deal (order), then later (after they dealership and Ford have provided you a DORA with with your reservation number on it, with actual prices that both parties agree to which were the terms of the contract....then after 17 months the car arrives and they claimed they have a right to change the terms and conditions of the deal because the market price has changed????, therefore they are entitled to steal your reservation/ aka assigned VIN number and do what ever they want? That is ridiculous.

OFFER (DORA from Ford and dealer) ACCEPTANCE (Customer signed and agreed to the terms of the purchase with the dealer), then the dealer takes a deposit (as additonal consideration of that purchase). The car in exchange for money is the agreed upon CONSIDERATION. CAPACITY the dealer recieving from Ford the Bronco in exchange for agreed upon funds.

No where does the dealership have the right to willy nilly change the terms of the deal.
This is not make things up as we go!!!!

If the dealer does not sell the Bronco the the agreed upon price they are in breach of the original agreement. (period)

ALL THE ELEMENTS OF A LEGAL BINDING AGREEMENT HAVE BEEN MET.
(The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, element of consideration can be satisfied by a valid substitute.)

ALSO.....
Ford is also party to this deal. They set the terms of which you had to pay for a reservation fell and had to purchase form one of their franchise dealers. You could not buy from them directly. They too are in on this deal because we used their Ford's Build and Price in the process, their DORA ordering system, the dealer is obligated to follow the agreement they have with Ford, which Im sure does not allow for them to rip off Reservation holders!!!!!etc.

I'm not saying your wrong... just that this Contract isse is more complicated that it appears.
Please don't take this as a flame. Just offing food for thought.

An excellent email an persuasive argument. My opinion boils down to this at this point...the Dealerships all act like they are driving the boat and even the good one's act a little bit like they are doing us a favor by selling at MSRP.....

Maybe it's time for one of these to go to court and we'll see who's got the power.....if the customer win's then Ford can cozy up to them and say that they're so glad you got to buy your dream car....if you lose, than it will be a PR nightmare for Ford because they will have "allowed" the big bad dealer to screw the little guy..,

What say you?

 

[kylesredapple]

CG on my planet is Carbonized Grey not cactus. less options there but ill do my best

 

[dbeyers]

So the dealer can use your reservation, of which you paid $100.00 for, (and weighted 17 months for for your Bronco) and he can use what is not theirs any way they choose????? Isn't that stealing???? Aren't they stealing from you? Its not their VIN number but yours you paid for that privedge when you antied up $100.00 to secured your reservation from Ford. The dealer does not own this. The customer does.

You can not tell someone the car purchase price is MSRP (verbally or literally) at the onslaught of the deal (order), then later (after they dealership and Ford have provided you a DORA with with your reservation number on it, with actual prices that both parties agree to which were the terms of the contract....then after 17 months the car arrives and they claimed they have a right to change the terms and conditions of the deal because the market price has changed????, therefore they are entitled to steal your reservation/ aka assigned VIN number and do what ever they want? That is ridiculous.

OFFER (DORA from Ford and dealer) ACCEPTANCE (Customer signed and agreed to the terms of the purchase with the dealer), then the dealer takes a deposit (as additonal consideration of that purchase). The car in exchange for money is the agreed upon CONSIDERATION. CAPACITY the dealer recieving from Ford the Bronco in exchange for agreed upon funds.

No where does the dealership have the right to willy nilly change the terms of the deal.
This is not make things up as we go!!!!

If the dealer does not sell the Bronco the the agreed upon price they are in breach of the original agreement. (period)

ALL THE ELEMENTS OF A LEGAL BINDING AGREEMENT HAVE BEEN MET.
(The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality. In some states, element of consideration can be satisfied by a valid substitute.)

ALSO.....
Ford is also party to this deal. They set the terms of which you had to pay for a reservation fell and had to purchase form one of their franchise dealers. You could not buy from them directly. They too are in on this deal because we used their Ford's Build and Price in the process, their DORA ordering system, the dealer is obligated to follow the agreement they have with Ford, which Im sure does not allow for them to rip off Reservation holders!!!!!etc.

I'm not saying your wrong... just that this Contract isse is more complicated that it appears.
Please don't take this as a flame. Just offing food for thought.

This dealers website actually encourages you to Order from the Factory / like make a reservation …

 

[mtbNYS]

Tell me what your build is so I don't waste extra time please

Definitely not OP or in a terrible dealer situation, but do you know of a 2 door black diamond for sale?

 

[ultima785]

Hey OP, as a side note, I have found several 2 door CG badlands for sale at MSRP. now I dont know your s0ecific build but I bet you can get another one pretty similar to what you ordered from a different dealer if you need to...

2 door Badlands at MSRP? WHERE?!!

 

[SPITmadFIRE]

Definitely not OP or in a terrible dealer situation, but do you know of a 2 door black diamond for sale?

2 door Badlands at MSRP? WHERE?!!

don’t want to rain on any parades here, but this thread isn’t really a 2D Bronco finder thread. we’re talking about OP getting swindled by their dealer.

 

[Lifeliberty]

don’t want to rain on any parades here, but this thread isn’t really a 2D Bronco finder thread. we’re talking about OP getting swindled by their dealer.

I say fuck that dealer, find that man another bronco somewhere else

I don't understand fighting to give your money to shitty people

 

[SPITmadFIRE]

I say fuck that dealer, find that man another bronco somewhere else

I don't understand fighting to give your money to shitty people

I agree about finding OP a bronco. I don’t agree with others asking to find their own 2D Broncos in the thread about OP getting screwed out of theirs.

 

[Drex]

An excellent email an persuasive argument. My opinion boils down to this at this point...the Dealerships all act like they are driving the boat and even the good one's act a little bit like they are doing us a favor by selling at MSRP.....

Maybe it's time for one of these to go to court and we'll see who's got the power.....if the customer win's then Ford can cozy up to them and say that they're so glad you got to buy your dream car....if you lose, than it will be a PR nightmare for Ford because they will have "allowed" the big bad dealer to screw the little guy..,

What say you?

Sadly, while it sounds good on the surface, the reality is the $100 paid was for a reservation that could be converted into an order. That was the contract we had with Ford. Ford allowed us to convert the reservations into orders. That fulfilled the contract. They also said it would be refundable as a deposit, so suing a dealer that refused to return it, your damages would be, drum roll please... $100, which they probably refunded anyway, and, at least in my State, is far less than it costs to file in small claims court. The same argument can be made for the broken terms of first reserved, first served. Refund of the $100 would be the damages if a judge found it was integral to the original contract. While not a lawyer and not offering legal advice here (or anywhere), I have dealt with construction contracts for a couple of decades and have seen how it works in real life.

Contracts (if the court even sides with the final consumer and finds there was a contract at MSRP) get breached all the time. Essentially you are entitled to damages if you win. What damages did you suffer because you didn't get a mass produced (not unique) vehicle at whatever particular time it arrives? A mythical story about how it could have been sold for more to an unknown entity in the future seems a bit nebulous to me. Even if the dealer sells it for, say... $5000 more, if they offered it to the reservation holder for the same amount, they had the chance to buy it for what it was worth. Proving actual damages, value you lost because you could not buy a Bronco, seems a tough nut to crack.

While morally reprehensible in my opinion, I just don't see legal remedies being effective at changing the behavior of those dealers whom decided to sell above MSRP. I wish you all luck in your particular dealer experiences. Might be a good time to check old threads for similar stories about your chosen dealer so you can see about moving or getting better assurances. The OP's dealer pops up with ADM threads even under this thread in suggested reading, had he searched, might have been able to change dealers before it was too late. Not that it places any blame on the OP, just might have been a help to him.

Sponsored