Sponsored

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

Merbronc

Outer Banks
Well-Known Member
Joined
Oct 28, 2021
Threads
3
Messages
409
Reaction score
1,420
Location
New Jersey
Vehicle(s)
SRT viper GTS/Cadillac Escalade/Audi A6
Your Bronco Model
Outer Banks
Yeah, not sure if my sales managers are correct about this but they’ve told me they can’t offer a purchase agreement until the “vehicle is in their system” — they then turned the screen around to show me the vehicle in one of their systems enough so that they could give me the rail car number 😂
that’s bullshit. Plenty of us have purchase agreements. Hopefully they are just ignorant and not dishonest
Sponsored

 

dbeyers

Base
Well-Known Member
First Name
Dan
Joined
Jul 11, 2020
Threads
3
Messages
560
Reaction score
456
Location
Denver
Vehicle(s)
Toyota Highlander
Your Bronco Model
Base
Clubs
 
I am in exactly the same situation. My dealer did state in an email that they would be selling at MSRP to reservation holders because it is just good business to do so. However they declined to provide anything like a purchase agreement or DORA. The dealer stated that there is no legally binding agreement available. That makes me nervous. I am also in CA. Hoping Advantage Ford in Duarte is honest and legit.
There is a legally binding agreement available ... if they took the trouble to write down the particulars in a Word doc.
 

dbeyers

Base
Well-Known Member
First Name
Dan
Joined
Jul 11, 2020
Threads
3
Messages
560
Reaction score
456
Location
Denver
Vehicle(s)
Toyota Highlander
Your Bronco Model
Base
Clubs
 
Hmmm… idk…. The whole dealership sales model is so old and outdated. Nobody likes it or wants it. Anyway, I will not pay one cent over MSRP. First and last time I will try to buy a car this way.
That's BS they can strike an agreement that when/if the reserved vehicle ever "gets in their system" they will sell it to you at the agreed price - moronic arguement.
 

dbeyers

Base
Well-Known Member
First Name
Dan
Joined
Jul 11, 2020
Threads
3
Messages
560
Reaction score
456
Location
Denver
Vehicle(s)
Toyota Highlander
Your Bronco Model
Base
Clubs
 
Welcome to the forum.

That is not true. Ford is strictly a wholesaler. Due to state franchise laws, Ford sells all vehicles, including special orders intended for specific retail customers, to franchise dealerships. In all cases, the dealer buys the Bronco from Ford. Ford invoices the dealer, and the dealer pays Ford. The dealership then contracts with you, the retail customer, even on special orders, and then sells the vehicle to you.

Once a vehicle has been scheduled for production and a VIN is issued, the dealer has skin in the game and is very much in control of the transaction, because the vehicle WILL ultimately be sold by Ford to the dealer, but you may not be the final customer.
Forget Ford, depending on state law the operative agreement is between the dealer and the customer:

As a general rule of Colorado law, an oral contract is just as enforceable as a written contract. The primary difference is that it is harder to prove oral contracts. An unsigned written agreement may be evidence of an agreement between the parties. An agreement may be oral or implied by the parties’ conduct. (Behavior of the parties is consistent with terms of the alleged contract.) The Kentucky Court of Appeals held that parties may be bound by the terms of an unsigned contract when their actions demonstrate assent to the agreement. Similarly, the Illinois Court of Appeals held that party named in an unsigned contract may, by his conduct, indicate his assent to its terms and become bound by it.

Conduct as in accepting a deposit, placing that customers order for a vehicle, communicating with the customer about his reservation ...
 

Suke996

First Edition
Well-Known Member
First Name
Chris
Joined
Jul 19, 2020
Threads
18
Messages
418
Reaction score
1,095
Location
North Carolina
Vehicle(s)
Bronco First Edition (Reservation)
Your Bronco Model
First Edition
Clubs
 
When everyone stats "that isn't a binding contract " why isn't it? We reserved the Bronco, went to the dealer to submit the order and signed the paperwork for that order which also shows a price at the bottom. If the dealer wants something other then what's on the paperwork we signed, that would be the time for the dealer to add any ADM, not after the fact.
If an additional deposit is taken at ordering and shown on the order paperwork, that is more in the buyers favor that this dealer is going to get sued.
 

Sponsored

Jazer

Outer Banks
Well-Known Member
First Name
Jessica
Joined
Jun 20, 2021
Threads
9
Messages
2,309
Reaction score
6,414
Location
NC
Vehicle(s)
2.7 OBX
Your Bronco Model
Outer Banks
Clubs
 
Any chance you have email correspondence with them? This is some legal verbiage in reference to NC law:


Ford Bronco RESOLVED! Dealer screwed me - 10k over msrp - Lindsay Ford - Wheaton, MD Screenshot_20211205-143418_Chrome


I looked up NC specifically because that's where I am, and my order is but maybe your state has something similar in place that could help you if you had them confirm via email etc..
 

Jae

Wildtrak
Well-Known Member
First Name
Josh
Joined
Jul 31, 2020
Threads
3
Messages
56
Reaction score
111
Location
Des Moines, IA
Vehicle(s)
2021 Bronco
Your Bronco Model
Wildtrak
From the legal side of things, don't rule out a claim for unjust enrichment and there would be a solid basis for a preliminary injunction to halt any sales of the unit.
 

RivianNowPlz

First Edition
Well-Known Member
Joined
Dec 2, 2021
Threads
9
Messages
46
Reaction score
125
Location
Minnesota
Vehicle(s)
Ford Raptor
Your Bronco Model
First Edition
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.
 

Efthreeoh

Banned
Black Diamond
Banned
Banned
Joined
Nov 6, 2020
Threads
5
Messages
1,672
Reaction score
3,090
Location
USA
Vehicle(s)
Hummer H3T
Your Bronco Model
Black Diamond
Forget Ford, depending on state law the operative agreement is between the dealer and the customer:

As a general rule of Colorado law, an oral contract is just as enforceable as a written contract. The primary difference is that it is harder to prove oral contracts. An unsigned written agreement may be evidence of an agreement between the parties. An agreement may be oral or implied by the parties’ conduct. (Behavior of the parties is consistent with terms of the alleged contract.) The Kentucky Court of Appeals held that parties may be bound by the terms of an unsigned contract when their actions demonstrate assent to the agreement. Similarly, the Illinois Court of Appeals held that party named in an unsigned contract may, by his conduct, indicate his assent to its terms and become bound by it.

Conduct as in accepting a deposit, placing that customers order for a vehicle, communicating with the customer about his reservation ...
Another general rule is even if both parties agree to terms and have a signed contract, the contract can be found unenforceable if the terms of the contract are not in conformance with Federal or State statutes.
 

dbeyers

Base
Well-Known Member
First Name
Dan
Joined
Jul 11, 2020
Threads
3
Messages
560
Reaction score
456
Location
Denver
Vehicle(s)
Toyota Highlander
Your Bronco Model
Base
Clubs
 
Another general rule is even if both parties agree to terms and have a signed contract, the contract can be found unenforceable if the terms of the contract are not in conformance with Federal or State statutes.
Another general rule is even if both parties agree to terms and have a signed contract, the contract can be found unenforceable if the terms of the contract are not in conformance with Federal or State statutes.
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.
[/
 

Sponsored

dbeyers

Base
Well-Known Member
First Name
Dan
Joined
Jul 11, 2020
Threads
3
Messages
560
Reaction score
456
Location
Denver
Vehicle(s)
Toyota Highlander
Your Bronco Model
Base
Clubs
 
Agreed … no evidence of a drug deal here … is there something else you see? Again I would not give up on the near-to-verbal agreement arguement state law depending. I would also not let the dealer put words in my mouth - the agreement is not to “sell me a Bronco at a particular price” … the deal is “when/if Ford provides you with my reserved vehicle you will sell it to me at this price”.
 

goatman2

Badlands
Well-Known Member
First Name
Richard
Joined
Nov 2, 2021
Threads
7
Messages
551
Reaction score
1,524
Location
Bakersfield
Website
gandgautorepair.com
Vehicle(s)
F450, Jeep XJ, Porsche 911, 2dr Badlands
Your Bronco Model
Badlands
Not surprising, unless you've studied it or are in a business where you become familiar with it, but lots of people posting in this thread have little knowledge regarding contract law. Contract law has a very long and even ancient history. Parties involved in an agreement can't just do whatever they want to. There have become more and more legal disclosures required in many industries, such as real estate, but basic contract law hasn't changed.
 

Aerie79

Outer Banks
Active Member
First Name
Jeff
Joined
Dec 5, 2021
Threads
1
Messages
34
Reaction score
59
Location
San Antonio, TX
Vehicle(s)
2018 Audi Q5
Your Bronco Model
Outer Banks
Hmmm… idk…. The whole dealership sales model is so old and outdated. Nobody likes it or wants it. Anyway, I will not pay one cent over MSRP. First and last time I will try to buy a car this way.
An outstanding observation.....I'm so tired of hearing all the BS little "rules" that give a dealership the right to completely ignore what is a settled transaction. The way it seems to b e panning out is that the ordering party have ABSOLUTELY no rights -- I'm not buying into that.....since I haven't got build date yet, I may end up being totally screwed....

But....be absolutely sure that I will not roll over easily.....
 

OhhhhhhSnap

Black Diamond
Well-Known Member
First Name
Elan
Joined
Dec 4, 2020
Threads
2
Messages
238
Reaction score
817
Location
CO
Vehicle(s)
06 Pathfinder, 04 F150, 14 CRV. 22 BD Bronco
Your Bronco Model
Black Diamond
Clubs
 
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.
@Smeagolsaur any update?
 
OP
OP

Smeagolsaur

Badlands
Well-Known Member
Joined
Aug 14, 2020
Threads
2
Messages
70
Reaction score
943
Location
Md
Vehicle(s)
Trailblazer
Your Bronco Model
Badlands
Clubs
 
I've attempted to reach out to everyone from the salesman to the owner today and no one is returning my calls. I've left voicemails urging them to hold the bronco until we have come to a resolution.

Meanwhile I've registered for the e-filing system for the Maryland Judiciary and prepped my small claims complaint for $5000.

Planning to call the judiciary help center tomorrow regarding the potential for a temporary restraining order or injunction.

I'm hoping to hear back from the general manager tomorrow as he doesn't work weekends.
Sponsored

 
Last edited:
 


Top