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

[SPITmadFIRE]

UPDATE - I'm at the dealer. Things are happening. Will post a complete update upon final resolution.

LET'S GO OP

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[Jason]

How does Manuel Rios write a review about Manny Rios? Hysterical!

UPDATE - I'm at the dealer. Things are happening. Will post a complete update upon final resolution.

If they make you pull down your negative review, tell them they need to pull their 5 star reviews … starting with Manny Rios.

 

[DUSTYcazOREGON]

Then the Dealer is not committed to sell your order to you at Ford's suggested retail price.

So what you think you've set in place is a one-way deal with the Dealership where the dealer must honor MSRP and you get to blackout if you don't like the truck. Yet you expect the dealership to comply with Ford's 80% reservation match at the same time. So the dealership shells out $40K to buy your order from Ford, then you decide not to buy it and expect the dealership to eat the $40K because it can't sell your order, less it risk future Bronco allocations.

Life doesn't work that way.

What I stated was not my opinion it is how many Dealer's operate. For me...if I order a vehicle, I am committed and I AM buying it. I was also responding to a question not associated with the topic. The topic....Dealers marking up vehicles that customers ordered....I see it as the customer's fault (in general) because they did not have a signed sales contract, a signed letter from the Dealership on selling at MSRP with NO ADM. I learned my lesson a long time ago....everything needs to be in writing and signed.

 

[67BroncoG1]

Hey there, as a lawyer who defended many consumer class actions I have to speak up about all of you out there being screwed over by Ford dealers. You actually do have a legitimate breach of contract claim against these dealers and you should not back down. Any consumer contract is going to be construed against the "drafter" of that contract in court, at least with a decent lawyer and judge. That is the case law. It is not "signed" by the dealer but the dealer himself drafted it, so he doesn't necessarily need to sign it for you to prove that he obviously agreed to be bound by those terms. Those are his own terms that he himself sought to be bound by and then sought for you to agree to be bound by, and then asked you to put up an additional $1000 in earnest money to be bound by in performance of that contract, which they themselves drafted. Had the document appeared mysteriously then you would have to prove they somehow agreed to it, but the fact they they drafted it means they clearly meant to bind themselves to those terms. Otherwise why would they be asking you to sign it and deposit earnest money in part performance?

Oral contracts are just as binding as written ones as a general rule, except that there is a statutory law that exists in nearly every state, probably every state called the Statute of Frauds that requires all agreements for real estate, for probate and estate disposition transactions and now for transactions exceeding $500 to be in writing, and at least signed by the one party you seek to enforce the contract against. This is the problem now with enforcing the purchase agreement drafted by the Ford dealer but unsigned by them. But there are exceptions to the Statute of Frauds.

One of them is that this signature requirement no longer applies when the work or performance of the contract has already begun, which it has when the dealer required the $1000 deposit, you paid the deposit in performance of the agreement, and the Bronco began to be built, then again when Ford corporate sent you a photo of your Bronco baby coming off the assembly line. Further, you began additional performance perhaps by selling a prior vehicle, securing financing, or forgoing other opportunities. This is called the Promissory Estoppel exception to the Statute of Frauds. In any other circumstance that Ford Dealer would be able to pocket your $1000 deposit if you tried to cancel your ordered Bronco based on that agreement. Ford should be estopped from profiting from their one-sided trick consumer contract, which they assured you was sufficient to ensure that you would pay the agreed upon price documented there at delivery.

EDIT: Another argument in your favor is the price protections that Ford placed on MY 2022 orders for those with 2021 reservations. The credit they gave you for the price increase when your 2021 orders were shifted to 2022 model year clearly shows that Ford corporate intended for you to be able to continue to pay the price that you agreed to pay for your ordered vehicles, and reserved vehicles with intention to order the vehicles at previously agreed prices.

Another exception called "Admission" applies when the dealer admits to the existence of the oral agreement and only disputes the fact that they failed to sign their form.

Moreover, the Statue of Frauds can be met simply by business documents that are unsigned by a business when their usual manner of presenting the bill that binds the customer to the deal is with an unsigned document, and this appears to be the same document they are using to effectuate all of the Bronco orders to memorialize their oral agreement. Meaning an unsigned form like this one prepared by the dealer and presented to the purchaser can be deemed sufficient to satisfy the Statute of Frauds, like I said in my beginning paragraph, because they are the ones who drafted it, which makes the entire document their signature. Their mitts are all over that document, that document is their signature and their word. Take them to court.

Finally, do not fall for any further claim that you are required to go to arbitration with them to resolve a contract dispute over a contract they claim does not exist, take them to court on that claim as well and force them to tell that to the judge.

I can hardly believe that so many Ford dealers have not advanced from their 1980s roots in nefarious business practices. The dealership business model is going to be extinct very soon for this reason. Contact the Consumer Financial Protection Bureau while you are making calls and your state Attorney General, it is a rug pull racket.

Far and away the best advice that I have read on this topic. Thank you for taking the time to draft a well constructed reply.

 

[foreWard]

UPDATE - I'm at the dealer. Things are happening. Will post a complete update upon final resolution.

Just don't slam the door into the wall, I hear that leads to negative results....

 

[GetWild]

Those signed build sheets are not contracts of agreement in price. Every Bronco order should be accompanied by a deal sheet with a full breakdown of numbers. Signing that order sheet does not contractually state an agreed upon final price, only the contractual agreement that it is being built to the customers desired specs. Every one of our Bronco orders is accompanied with a full deal sheet and agreement of all numbers, fees included. Build sheets arent contractual terms of the deal, just specs of the car.

 

[Merbronc]

UPDATE - I'm at the dealer. Things are happening. Will post a complete update upon final resolution.

great stuff! Best of luck, OP

 

[slouis]

All,

I'm fuming mad and just got back from Lindsay Ford (Wheaton, MD) where they tried to get me to pay 10k ADM over what we agreed to back in March when they committed to MSRP and no dealer markup. I have an order summary with MSRP and my signature and date and $1000 deposit but they are not honoring our agreement. I happen to be a licensed attorney so I'm exploring my options in the legal arena and am likely to file a complaint against the dealership.

Folks who have been through this shakedown, I welcome your advice and recommendation. I am not paying a cent over MSRP - what we agreed to.

@Ford Motor Company

Update:
I’ve tweeted and emailed Mike Levine and Ford Motor Company. UPDATE: Mike Levine responded 12/5 and is looking into it.
I’ve emailed the general manager to elevate it. UPDATE: I'm expecting to talk with the GM on 12/6.
I’ve researched the Maryland Uniform Commercial Code and my situation looks favorable.
I’ve reached out to several attorneys who specialize in breach of contract. UPDATE: I've prepared a complaint to file myself on 12/6.
I've reached out to the local news station with a news tip.

As I was leaving the dealership today with steam coming out of my ears, they said they would hold the vehicle for a day to see if I changed my mind. They also said they would drop it to $5000 markup. I told them I wouldn’t pay a cent over what we agreed to.

Send an email to Ji

All,

I'm fuming mad and just got back from Lindsay Ford (Wheaton, MD) where they tried to get me to pay 10k ADM over what we agreed to back in March when they committed to MSRP and no dealer markup. I have an order summary with MSRP and my signature and date and $1000 deposit but they are not honoring our agreement. I happen to be a licensed attorney so I'm exploring my options in the legal arena and am likely to file a complaint against the dealership.

Folks who have been through this shakedown, I welcome your advice and recommendation. I am not paying a cent over MSRP - what we agreed to.

@Ford Motor Company

Update:
I’ve tweeted and emailed Mike Levine and Ford Motor Company. UPDATE: Mike Levine responded 12/5 and is looking into it.
I’ve emailed the general manager to elevate it. UPDATE: I'm expecting to talk with the GM on 12/6.
I’ve researched the Maryland Uniform Commercial Code and my situation looks favorable.
I’ve reached out to several attorneys who specialize in breach of contract. UPDATE: I've prepared a complaint to file myself on 12/6.
I've reached out to the local news station with a news tip.

As I was leaving the dealership today with steam coming out of my ears, they said they would hold the vehicle for a day to see if I changed my mind. They also said they would drop it to $5000 markup. I told them I wouldn’t pay a cent over what we agreed to.

Walk away, order one the end of 2022 or simply tell Ford to fuck off and buy one of the many awesome vehicles that are on the market for $50k+

 

[slouis]

Those signed build sheets are not contracts of agreement in price. Every Bronco order should be accompanied by a deal sheet with a full breakdown of numbers. Signing that order sheet does not contractually state an agreed upon final price, only the contractual agreement that it is being built to the customers desired specs. Every one of our Bronco orders is accompanied with a full deal sheet and agreement of all numbers, fees included. Build sheets arent contractual terms of the deal, just specs of the car.

And if you put a $2,000 deposit?

 

[Bonnie6G]

Site admins, Can this post be closed? It’s never ending and getting rather negative.

By the way did this get resolved or is it still ongoing? Maybe a separate thread on outcome and close this thread out.

Lol! Sounds like someone works for Lindsay Ford…..

 

[foreWard]

OK. OP is with the dealer as we speak......over/under is set at $2500 ADM. What you taking?

 

[Bonnie6G]

OK. OP is with the dealer as we speak......over/under is set at $2500 ADM. What you taking?

I’m going under. I feel like with how they’ve knee-jerked based on a few negative reviews online, they’d rather cut bait on this one.

 

[dingle87]

Haha checkout their latest series of NEW reviews...from employees I'm sure:

https://www.google.com/search?q=lindsay+ford+wheaton,+md&rlz=1C1CHBF_enCA961CA961&oq=lindsay+ford+wheaton,+md&aqs=chrome..69i57.3574j0j4&sourceid=chrome&ie=UTF-8&shem=ssmd#lrd=0x89b7cee2992935ed:0x15fb0388e619246b,1,,,

Everyone needs to get on the review train here

EDIT: You can see most of the 5 star reviews are from accounts that have only ever posted 1 review...

Manuel Rios left a review today... Manuel Rios is a Sales Associate at.... Lindsay Ford. LOL

 

[Badger_Dad]

OK. OP is with the dealer as we speak......over/under is set at $2500 ADM. What you taking?

I'm voting under. I think they just want this to go away and that they've learned their lesson about fucking with Bronco Owners.

 

[Herbie]

OK. OP is with the dealer as we speak......over/under is set at $2500 ADM. What you taking?

No ADM!

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