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This is the worst dealer I have seen yet

Will2497

Badlands
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Damn, already 80+ 1 star reviews in the last 24 hours
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jsully10

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Good for Levine stepping in I think he cares about the res holders but is limited In what he can do Seems like a scumbag dealership There’s other threads on here that are similar
See that is where I get lost. I understand dealers are "separate" from Ford but it is still a FORD dealer. Ford should have all of the power to tell them what to do/make them do something. Mike is high up in Ford so him half trying to help this guy is total BS.
 

esquirebdc

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Right and if the dealer doesn't make good on that promise, customer gets their "non refundable" deposit back...

It's not a contract to take ownership of a vehicle with a specific VIN... that's the main difference.

So yeah if they DID breach the contract, the dealer doesn't have to sell them a VEHICLE, but they sure as hell have to return that non-refundable deposit since they are now in breach and that deposit has to be "refunded"

Basically all he has there is an agreement for the dealer to LOCATE or ORDER a vehicle for him... it doesn't state anything particular about a certain vehicle with a VIN.
Thats... actually incorrect. I've won breach of contract cases with less to go on. There are all sorts of other "quasi" contract theories that can be used such as quantum meruit, unjust enrichment, fraud, and promissory estoppel. If he had a VIN, an agreed on price, and a deposit... thats quite a bit for a court to look at.

Plus...most states have an unfair trade practices act that can bring about double and sometimes triple damages, attorney's fees, and in some cases, punitive damages.

This dealer could be in trouble if the post was true and if in the right state.

Just sayin.
 
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OP

Monster1926

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Thats... actually incorrect. I've won breach of contract cases with less to go on. There are all sorts of other "quasi" contract theories that can be used such as quantum meruit, unjust enrichment, fraud, and promissory estoppel. If he had a VIN, an agreed on price, and a deposit... thats quite a bit for a court to look at.

Plus...most states have an unfair trade practices act that can bring about double and sometimes triple damages, attorney's fees, and in some cases, punitive damages.

This dealer could be in trouble if the post was true and if in the right state.

Just sayin.
Glad to see someone with knowledge in contract law chiming in.
 

JohnnyBronco

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Thats... actually incorrect. I've won breach of contract cases with less to go on. There are all sorts of other "quasi" contract theories that can be used such as quantum meruit, unjust enrichment, fraud, and promissory estoppel. If he had a VIN, an agreed on price, and a deposit... thats quite a bit for a court to look at.

Plus...most states have an unfair trade practices act that can bring about double and sometimes triple damages, attorney's fees, and in some cases, punitive damages.

This dealer could be in trouble if the post was true and if in the right state.

Just sayin.
That's the key in a nutshell, not that any state has a single lawa requiring MSRP as a maximum but in some states a handshake deal will still hold up in court even if nooney exchanges hands.

Thing is the OP, to be one of the few early early first day to score FE ( they were gone in minutes) has $100 skin in the game. Refundable, sure it gets it back. But that is his contract with Ford,assigned to but not through the dealer
 

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esquirebdc

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Glad to see someone with knowledge in contract law chiming in.
The problem with most breach of contract cases is damages. Sometimes damages are hard to quantify. In straight up, "I will buy this for $50 and here is a deposit, I will pay the rest Friday..." and then Friday comes and the item isn't delivered and you have to pay $60 for it elsewhere, damages are $10 obviously.

However, in this case there are all kinds of other damages that could be brought including not having a vehicle to get to work, loss of opportunity losses, and the reason I mentioned unfair trade practices is that can bring in the profit that the dealership made on the deal as a damage. Basically this whole thing could be a first year law student's final exam, as there is sooooo much here to deal with.
 

JohnnyBronco

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Why does the sales contract state MY 21-22 ?
Also aren’t Rock Rails standard on the FE ? Why are they an add ?
Plenty of Red Flags or incomplete storyline
Because that is for a new order of a yet to be built vehicle and there are no open unreserved FE waiting to be built. Dealer is trying to cover their buttons in case the exact 21 proverbially fell off the truck tomorrow. But non refundable $1000 just to order is insane. Most I ever paid to special oder was refundable $500 which tge dealer never cashed but held until paperwork tome
 

Boxer4

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Because that is for a new order of a yet to be built vehicle and there are no open unreserved FE waiting to be built. Dealer is trying to cover their buttons in case the exact 21 proverbially fell off the truck tomorrow. But non refundable $1000 just to order is insane. Most I ever paid to special oder was refundable $500 which tge dealer never cashed but held until paperwork tome
Not sure why on 1-23-2021 someone with an FE reservation would put $1000 down on a sales slip that said Badlands and showed a MY 22 and agree to pay for Rock Rails ( standard on BL & FE )
 

GaryB2220

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4x4TruckLEDs.com

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Why does the sales contract state MY 21-22 ?
Also aren’t Rock Rails standard on the FE ? Why are they an add ?
Plenty of Red Flags or incomplete storyline
What contract?
 

Philvis77

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The problem with most breach of contract cases is damages. Sometimes damages are hard to quantify. In straight up, "I will buy this for $50 and here is a deposit, I will pay the rest Friday..." and then Friday comes and the item isn't delivered and you have to pay $60 for it elsewhere, damages are $10 obviously.

However, in this case there are all kinds of other damages that could be brought including not having a vehicle to get to work, loss of opportunity losses, and the reason I mentioned unfair trade practices is that can bring in the profit that the dealership made on the deal as a damage. Basically this whole thing could be a first year law student's final exam, as there is sooooo much here to deal with.
That's what I was wondering...if the dealer profits could be the figure targeted in a lawsuit.
 

Razorbak86

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Thats... actually incorrect. I've won breach of contract cases with less to go on. There are all sorts of other "quasi" contract theories that can be used such as quantum meruit, unjust enrichment, fraud, and promissory estoppel. If he had a VIN, an agreed on price, and a deposit... thats quite a bit for a court to look at.

Plus...most states have an unfair trade practices act that can bring about double and sometimes triple damages, attorney's fees, and in some cases, punitive damages.

This dealer could be in trouble if the post was true and if in the right state.

Just sayin.
The problem with most breach of contract cases is damages. Sometimes damages are hard to quantify. In straight up, "I will buy this for $50 and here is a deposit, I will pay the rest Friday..." and then Friday comes and the item isn't delivered and you have to pay $60 for it elsewhere, damages are $10 obviously.

However, in this case there are all kinds of other damages that could be brought including not having a vehicle to get to work, loss of opportunity losses, and the reason I mentioned unfair trade practices is that can bring in the profit that the dealership made on the deal as a damage. Basically this whole thing could be a first year law student's final exam, as there is sooooo much here to deal with.
OK, professor. Would you take this case? Be honest! ;)
 

Civkik

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Doesn't help anything but I've been throwing hate reviews their way lol
 

vrtical

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This wont last long, a resolution will happen.
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