This is the worst dealer I have seen yet

[4x4TruckLEDs.com]

Setting aside debating what a contract is, my point was why would an FE reservation holder sign off on a document ( 1-23-21 ) that boldly states Badlands.
This may not be a completed sales contract but it still is a contract to perform for consideration.

Did the dealer order / locate a Badlands ?
If they did, then hasn’t the dealer fulfilled the contract and can keep the partial payment even if they can’t come to final sales terms? ( barring any state law )

Look I get it, and im all for Tom and feel bad for him. The dealer screwed him. BUT the dealer didn't break any laws/rules. A deal isn't a deal until you walk out with a Bill of Sale at the end of the day. Everything up until that point are games you play. I've NEVER in my life ever signed a "deposit" agreement. Or whatever you want to call it. I've given many deposits but i've never signed one of these because it's ALWAYS refundable. There's no such thing as a NON REFUNDABLE deposit. It's just ways dealers get you to REALLY buy a car. It's all sales tactics

Again not saying what the dealer did was RIGHT, not by a long shot. But i'm just pointing out that people keep calling this a contract when it's not. The more you know about how car sales works, the better prepared you can be when you buy a car. Knowing that the deposit agreement is in no way a contract will HELP people when they go to buy a car. They'll be more prepared.

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[palley6]

I honestly don't even know the point of that. It's like "okay I signed now what, what's my signature actually telling you?"

It's almost as if these new sales guys have to walk into their managers office with a signature to prove their customer is interested. That's the only thing I can think of. I've ONLY had "new" car sales people do this. The guys who have been there have NEVER EVER done this to me. But those brand spanking new guys draw the Cross with the 4 quadrants and make you sign. I had one guy do that and I laughed and said "seriously? When did you start, last week?"

the best response I've ever gotten after refusing to sign was something like "but its not binding, its just a commitment that you're interested." -- well geez no crap why the hell am I talking to you in the first place???

 

[Krimzun]

At a minimum I’d talk to a real attorney on this. I’m not sure if the guy signed any kind of agreement before hand. That said breech of contract seems to apply in a lot of these cases. I would simply advise getting an experts opinion on what can really be done vs going to random forums hoping to find help.

 

[tjcurry]

Tom here.

Read through most of the replies. For those with sympathy thank you.

For those more skeptical. I'm not a flipper. Not anything of the like. My last car sold was a 1970 GTO in like February, which I bought to restore. It was horribly rusted and I ended up parting it out.

Yes I work on a classic car site, we sell primarily classics. You can see for yourself. One car on there is mine (i own 6 cars) and its only for sale because I need room in my garage for a delorean that is coming back from restoration work. I own 2 older broncos. A 72 Stroppe, and a 92 Nite edition. Driven Broncos since I was 18 years old. If you think those truths constitute me being a flipper, I'm the worst flipper on earth because I don't sell much, and haven't even bought a car in like 8 months.

The dealer had this car sold for 95k within 1 day of arrival, possibly sooner. I tracked this order through the portal and texted/called my salesman 5+ times over it. Never said I was going to sell it to him. Never planned on it. My truck is beat to death, its a 2002 that leaks water from 3 areas in the roof. I've been waiting on my bronco for a reliable vehicle for 16 months. Put $1000 down, did everything as good as I could have.

Im happy to answer any questions. Full transparency is key. I have texts etc. which im withholding because there are good people there and I don't want families losing jobs.

 

[tjcurry]

Tom here.

Read through most of the replies. For those with sympathy thank you.

For those more skeptical. I'm not a flipper. Not anything of the like. My last car sold was a 1970 GTO in like February, which I bought to restore. It was horribly rusted and I ended up parting it out.

Yes I work on a classic car site, we sell primarily classics. You can see for yourself. One car on there is mine (i own 6 cars) and its only for sale because I need room in my garage for a delorean that is coming back from restoration work. I own 2 older broncos. A 72 Stroppe, and a 92 Nite edition. Driven Broncos since I was 18 years old. If you think those truths constitute me being a flipper, I'm the worst flipper on earth because I don't sell much, and haven't even bought a car in like 8 months.

The dealer had this car sold for 95k within 1 day of arrival, possibly sooner. I tracked this order through the portal and texted/called my salesman 5+ times over it. Never said I was going to sell it to him. Never planned on it. My truck is beat to death, its a 2002 that leaks water from 3 areas in the roof. I've been waiting on my bronco for a reliable vehicle for 16 months. Put $1000 down, did everything as good as I could have.

Im happy to answer any questions. Full transparency is key. I have texts etc. which im withholding because there are good people there and I don't want families losing jobs.

As a sidenote, the paperwork did note a badlands. I've never bought a new car and needed so much paperwork and I am admittingly busy so paperwork just to buy a car that would be built 10 months later wasn't really my focus. The dealer, salesman, Ford, and I all had the exact knowledge of which car it was. A first edition 4 door with extra options. I clicked every box I could because I wanted a lightbar for my dark street at night.

Thank you.

 

[BroncoPls!]

These threads just heighten my anxiety until I take delivery. I expect everything to be ok, but until that baby is in my garage, I'm going to self impose a moratorium and not read any more bad dealer threads, not sure my sanity can handle it!

 

[Monster1926]

Tom here.

Read through most of the replies. For those with sympathy thank you.

For those more skeptical. I'm not a flipper. Not anything of the like. My last car sold was a 1970 GTO in like February, which I bought to restore. It was horribly rusted and I ended up parting it out.

Yes I work on a classic car site, we sell primarily classics. You can see for yourself. One car on there is mine (i own 6 cars) and its only for sale because I need room in my garage for a delorean that is coming back from restoration work. I own 2 older broncos. A 72 Stroppe, and a 92 Nite edition. Driven Broncos since I was 18 years old. If you think those truths constitute me being a flipper, I'm the worst flipper on earth because I don't sell much, and haven't even bought a car in like 8 months.

The dealer had this car sold for 95k within 1 day of arrival, possibly sooner. I tracked this order through the portal and texted/called my salesman 5+ times over it. Never said I was going to sell it to him. Never planned on it. My truck is beat to death, its a 2002 that leaks water from 3 areas in the roof. I've been waiting on my bronco for a reliable vehicle for 16 months. Put $1000 down, did everything as good as I could have.

Im happy to answer any questions. Full transparency is key. I have texts etc. which im withholding because there are good people there and I don't want families losing jobs.

Has there been any discussions with the dealer today?

 

[tjcurry]

Has there been any discussions with the dealer today?

I have not heard a word. Last experience was being asked to leave last night. Kept my cool and left without incident.

 

[bytheway]

I found a worse dealer somehow. They had her FE on 99 priority and now FE scheduling is done so hers isn’t being built.

 

[Dragline]

Look I get it, and im all for Tom and feel bad for him. The dealer screwed him. BUT the dealer didn't break any laws/rules. A deal isn't a deal until you walk out with a Bill of Sale at the end of the day. Everything up until that point are games you play. I've NEVER in my life ever signed a "deposit" agreement. Or whatever you want to call it. I've given many deposits but i've never signed one of these because it's ALWAYS refundable. There's no such thing as a NON REFUNDABLE deposit. It's just ways dealers get you to REALLY buy a car. It's all sales tactics

Again not saying what the dealer did was RIGHT, not by a long shot. But i'm just pointing out that people keep calling this a contract when it's not. The more you know about how car sales works, the better prepared you can be when you buy a car. Knowing that the deposit agreement is in no way a contract will HELP people when they go to buy a car. They'll be more prepared.

You're confusing when you own the vehicle with what constitutes a contract.

If I'm buying a house and put it under contract I don't own it until closing, but when the seller and I sign a contract and I put down earnest money the seller can't just give my money back and say "oops, had a better offer, sorry, but you didn't own it yet".

Car dealers are no different. If the dealer's agent and I sign a document, and exchange consideration (money), we're bound by those terms unless we both agree to changing the terms. As a buyer, don't sign anything unless you're willing to be bound by the terms.

Are there issues with this particular "contract"? Yes, but that doesn't mean it may not still be determined to be a contract under the law. For the money involved, plus the time, I would certainly engage an attorney.

 

[Razorbak86]

25K ADM, right of first refusal, and no sale for 24 months?????? That is beyond absurd.

If he’s paying taxes, it doesn’t matter. Once the car is titled and taxes were paid, the manufacturer has zero say in what happens to it and the dealer bears zero responsibility.

Also, he signed an agreement saying he wouldn’t sell it within 24 months.

That’s interesting…..however, if the dealer wanted to use the excuse for him being reseller/exporter, they could have just flat out denied the sale. The dealer also made him sign an agreement not to resell for 24 months.

So, that line of thinking doesn’t apply here.

Still wondering if there is a bit more to the story.

Tom here.

Read through most of the replies. For those with sympathy thank you.

For those more skeptical. I'm not a flipper. Not anything of the like. My last car sold was a 1970 GTO in like February, which I bought to restore. It was horribly rusted and I ended up parting it out.

Yes I work on a classic car site, we sell primarily classics. You can see for yourself. One car on there is mine (i own 6 cars) and its only for sale because I need room in my garage for a delorean that is coming back from restoration work. I own 2 older broncos. A 72 Stroppe, and a 92 Nite edition. Driven Broncos since I was 18 years old. If you think those truths constitute me being a flipper, I'm the worst flipper on earth because I don't sell much, and haven't even bought a car in like 8 months.

The dealer had this car sold for 95k within 1 day of arrival, possibly sooner. I tracked this order through the portal and texted/called my salesman 5+ times over it. Never said I was going to sell it to him. Never planned on it. My truck is beat to death, its a 2002 that leaks water from 3 areas in the roof. I've been waiting on my bronco for a reliable vehicle for 16 months. Put $1000 down, did everything as good as I could have.

Im happy to answer any questions. Full transparency is key. I have texts etc. which im withholding because there are good people there and I don't want families losing jobs.

As a sidenote, the paperwork did note a badlands. I've never bought a new car and needed so much paperwork and I am admittingly busy so paperwork just to buy a car that would be built 10 months later wasn't really my focus. The dealer, salesman, Ford, and I all had the exact knowledge of which car it was. A first edition 4 door with extra options. I clicked every box I could because I wanted a lightbar for my dark street at night.

Thank you.

Tom, did you actually “sign an agreement not to resell for 24 months”?

That wasn’t apparent to me, but at least one member here has been making that claim.

 

[tjcurry]

You're confusing when you own the vehicle with what constitutes a contract.

If I'm buying a house and put it under contract I don't own it until closing, but when the seller and I sign a contract and I put down earnest money the seller can't just give my money back and say "oops, had a better offer, sorry, but you didn't own it yet".

Car dealers are no different. If the dealer's agent and I sign a document, and exchange consideration (money), we're bound by those terms unless we both agree to changing the terms. As a buyer, don't sign anything unless you're willing to be bound by the terms.

Are there issues with this particular "contract"? Yes, but that doesn't mean it may not still be determined to be a contract under the law. For the money involved, plus the time, I would certainly engage an attorney.

As an attorney myself, and speaking to colleagues. We all feel its a strong argument based on the texts, etc. Documents.

 

[Monster1926]

I have not heard a word. Last experience was being asked to leave last night. Kept my cool and left without incident.

Smart play, I’m on your side 100%. Not saying you are but if you were to flip it it’s your perogative you chose them. Have you heard from ford? I would kindly ask for a raptor allocation at another dealership. Also I posted a similar story months back about a woman in Texas. The dealer ended up getting her another bronco after ford stepped in.

 

[tjcurry]

Tom, did you actually “sign an agreement not to resell for 24 months”?

That wasn’t apparent to me, but at least one member here has been making that claim.

I offered to the dealer to sign an agreement not to resell for 24 months at MSRP. I was not going to do that at 25k over sticker since I felt the order was mine for sticker. They offered me a deal no sane person would ever take simple as that. I saved money for 6 months to get this truck at sticker. Here is the agreement sent to me.

 

[palley6]

I offered to the dealer to sign an agreement not to resell for 24 months at MSRP. I was not going to do that at 25k over sticker since I felt the order was mine for sticker. They offered me a deal no sane person would ever take simple as that. I saved money for 6 months to get this truck at sticker. Here is the agreement sent to me.

Wow....

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