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

PaulBrownSr

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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.
Hell yeah! Hope this makes ALL the shady dealerships take notice! (Or at least the ones in your area).

Btw, has anyone heard of a dealership adding last minute ADM on someone who does have a purchase agreement?
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Analog Kid

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Very sorry to hear about this. It's total b.s. perpetuated by scumbag dealers -- Ford is complicit, obviously -- with zero ethics or integrity. This entire thing has been such a gigantic cluster and is a huge black eye for FoMoCo, which it deserves.
 

dbeyers

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Nothing magic about a VIN … if it’s not available an order number can suffice until it is … the deal is”when/if my Ford reservation comes in, you sell it to me at the agreed price”. Is nothing agreed here?
 

dbeyers

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Hell yeah! Hope this makes ALL the shady dealerships take notice! (Or at least the ones in your area).

Btw, has anyone heard of a dealership adding last minute ADM on someone who does have a purchase agreement?
Hell yeah! Hope this makes ALL the shady dealerships take notice! (Or at least the ones in your area).

Btw, has anyone heard of a dealership adding last minute ADM on someone who does have a purchase agreement?
Give me your Venmo?!!!
 

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UtahLars

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I put down a $1000 deposit. Agree that the 'not an invoice' language is detracting but I'm at the point where I'll let a judge decide it. And the dealership will have to defend it.

I don't think the "invoice" language does anything one way or another. It simply says that that piece of paper was not a bill for payment of the amounts shown.

The question here is whether the parties intended to be bound. This in and of itself is not a written contract. But then again, the statute of frauds doesn't apply in most states to car purchases (a writing is not needed) and there is no integration clause -- all meaning that the course of conduct outside of the piece of paper is fair game. In that regard, a substantial deposit check from you is a big help and the dealer's act of depositing that check could well constitute an acceptance of the deal on the terms described on that piece of paper. You need to show that the description of the terms was complete enough that both sides should have understood what was being purchased and the main terms of the deal - my own view is that you have a good argument.

The real issue is this: if you win, do you have damages adequate to justify the cost of suing? It seems that by offering the 5K ADM, the dealer is carefully calibrating its behavior to make it not worth your while to pursue this, but to cave and pay.

Either way, this is not good behavior, and this is one more reason why people hate car dealers.

In the future, insist on a contract clear on its face and signed by both you and the dealer. If they won't give that, then don't deal with them.
 

RG7

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OP: start googling Ford regional sales managers/directors in your area. Usually you can get a hit for someone’s LinkedIn profile. I’d think you’ll have more success shaking the tree from higher up.
 

PRBronco

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I asked my CA dealer if I needed a purchase agreement too and he said no. I have a DORA where I wrote that it was for last year’s MSRP since I was pushed to 2022. Only my signature. Paid the extra deposit. Nervous now.
 

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I don't think the "invoice" language does anything one way or another. It simply says that that piece of paper was not a bill for payment of the amounts shown.

The question here is whether the parties intended to be bound. This in and of itself is not a written contract. But then again, the statute of frauds doesn't apply in most states to car purchases (a writing is not needed) and there is no integration clause -- all meaning that the course of conduct outside of the piece of paper is fair game. In that regard, a substantial deposit check from you is a big help and the dealer's act of depositing that check could well constitute an acceptance of the deal on the terms described on that piece of paper. You need to show that the description of the terms was complete enough that both sides should have understood what was being purchased and the main terms of the deal - my own view is that you have a good argument.

The real issue is this: if you win, do you have damages adequate to justify the cost of suing? It seems that by offering the 5K ADM, the dealer is carefully calibrating its behavior to make it not worth your while to pursue this, but to cave and pay.

Either way, this is not good behavior, and this is one more reason why people hate car dealers.

In the future, insist on a contract clear on its face and signed by both you and the dealer. If they won't give that, then don't deal with them.
What value is toasting an asshole? I asked for his Venmo? Who’s in for $50?
 
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OP

Smeagolsaur

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Update: just got off the phone with Danny the general sales manager who I dealt with yesterday. He agreed to hold the bronco for a few days so that I can discuss with the manager Paul. I updated him on my effort to file a legal complaint and he said once it gets legal it's out of his hands.

I requested multiple times that he take my bronco off their facebook marketplace. He refused and said they already had someone come in last night and offer the 10k adm but they didn't accept it because he didn't want to "piss me off even more".
 

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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.
This is important to know and too few people do. The dealers are almost always separate businesses from FoMoCo. Generally the customer will have no legally cognizable contractual relationship (what lawyers call "privity") with FoMoCo. Here, though, there is the slightly unusual factor of the Bronco reservation, which brought the end customer and FoMoCo into direct contact on the subject matter of the sale. If a judge were sympathetic enough, I think you might be able to build something out of that. The question as always is: is it worth the fight over a car and relatively modest amounts of $$$?
 

UtahLars

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What value is toasting an asshole? I asked for his Venmo? Who’s in for $50?
The money is the least of it. Getting into the pigsty and rassling the pig is the real cost. Life is too short.
 
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JBHillCountry

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It will depend on if the judge views this as a legally valid contract. Certainly, in my view, there is an offer and acceptance, otherwise why would the dealership ask me to sign it and send it back to them?
You are only signing and sending back to them per Ford’s new policy regarding special orders vs dealer stock. You have no guarantee on price without their signature.
 

Cmptn845

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That sucks. But real question...how does the summary page (which isn't a sales contract) commit the dealer to selling it at MSRP?
It's should qualify as an agreement between both parties. Any conversation (email/written) between two or more groups can be considered a contract depending on the context and possible expectations, considering what words are used.
 

UtahLars

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Update: just got off the phone with Danny the general sales manager who I dealt with yesterday. He agreed to hold the bronco for a few days so that I can discuss with the manager Paul. I updated him on my effort to file a legal complaint and he said once it gets legal it's out of his hands.

I requested multiple times that he take my bronco off their facebook marketplace. He refused and said they already had someone come in last night and offer the 10k adm but they didn't accept it because he didn't want to "piss me off even more".

He is probably just lying, but on its face you could argue that these statements are an admission by an agent of the dealership that you do indeed have some kind of valid claim to this vehicle. Because if they really believed that you and they never agreed to the terms of the sale, and they got another offer for the price they want, why would they not just sell it?
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