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

GreenMtnBronco

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Contracts work like this: offer + acceptance. The offer is the order summary where all the specific items and costs associated with my custom bronco order are detailed and provided by the dealership. Acceptance is my signature and date. WHile minor fees and tax may not be included in the order summary, those fees are expected and understood to be part of any transaction. $10k dealer markup is not and was not part of that deal.
i have not read the whole thread (yet) - I am not an attorney, you are. I agree with the offer and acceptance. the dealer prepared the price sheet to induce you to convert your reservation to an order with them (instead of another dealer) and took a deposit from your signing that sheet. We as consumers rely on dealers to be the expert of guiding us to an agreement and don't know we should get a sales agreement signed by both parties.

moreover, they are utilizing duress to get you to pay the ADM else they will release the car and find another buyer. I've been wondering, in such a dispute, couldn't a buyer sue for injunctive relief asking a court to block the sale of the car until the dispute is resolved? I would think not only does that remove duress, it also causes the dealer to reckon with a 2 week deadline when Ford actually bills them for the car and their warehouse financing kicks in.

thankfully my dealer, Schultz of Nanuet NY, was totally on the up and up and I didn't have to go through this, but I planned ahead, shared all docs with my attorney and created a plan. Well worth 1 hr fee of his time.
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indio22

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You understand that when these orders were placed, it was totally possible for the dealers to add markup at that time, right? They didn't add markup at that time because the market rate for a Bronco was being set by _other_ dealerships -- why would I order through Dealer A for MSRP + ADM when Dealer B down the road offers MSRP?

Now that vehicles are available for purchase, the order holders are the ones who thought ahead and locked in pricing. The people wandering into a dealer or on FB marketplace to buy off the lot/from your driveway are the ones paying premium. I don't think anyone is arguing that dealers can't add markup in a hot market for folks coming in off the street -- it's when they CHANGE the deal that we draw the line.
If in fact an actually agreed deal price was made at the time of order. In this case, it seems an agreed price was made and documented. But other order holders apparently did not nail down an unambiguous price when ordering, and were going on assumptions.

You'd have to be living under a rock, to not understand that car dealers are known for trying to screw customers on price. To me that has been the shocking part, with customers ordering vehicles but not having nailed down a price.
 

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If in fact an actually agreed deal price was made at the time of order. In this case, it seems an agreed price was made and documented. But other order holders apparently did not nail down an unambiguous price when ordering, and were going on assumptions.

You'd have to be living under a rock, to not understand that car dealers are known for trying to screw customers on price. To me that has been the shocking part, with customers ordering vehicles but not having nailed down a price.
In my case, I demanded pricing confirmation, purchase agreement, signed DORA... anything they would give me at the time of reservation, order, and now shipping. My dealer hasn't given me anything with their signature in writing, but they've given me DORAs to sign with the salesman's name on it, and confirmed pricing via email. I'd be in OP's same shoes if it goes south, which I hope to god it doesn't.
 

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Contracts work like this: offer + acceptance. The offer is the order summary where all the specific items and costs associated with my custom bronco order are detailed and provided by the dealership. Acceptance is my signature and date. WHile minor fees and tax may not be included in the order summary, those fees are expected and understood to be part of any transaction. $10k dealer markup is not and was not part of that deal.
Very good counselor. I myself am getting invoice on mine. (Not rubbing it in). I have an email correspondence agreement along with signed build order by myself and the dealer. To all, emails are a legal document too.
 

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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.

FINAL UPDATE:

Dealer made good on our agreement and even went a little better than that. I am happy with this outcome.

Bronco6g members who contributed to this effort: thank you, you did this. The dealer conceded that the lawsuit meant nothing to them but the online reviews are everything to them.

I agreed to remove any negative reviews I put up (of which I have done none) as well as request you all to take down negative reviews. Thank you for your support. Without you, this wouldn't have resolved the way it did.

The bronco6g community is nothing short of amazing. You have my axe.

Mission accomplished.

Screenshot_20211206-185604_Gallery.jpg
Did they at least apologize
 

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dbeyers

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People understand a lot more than you seem to think.
You seem to understand a lot about what I think so I guess you must be right.
 

dbeyers

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It’s not the markup it’s the theft of the reservation!
 

dbeyers

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So jesus a long read to catch up!!! OP, glad you got our Bronco awesome news..... The one thing i do have an issue with is them asking you to ask people to take down negative reviews. I personally think that they should stay there and they should have to work hard to get their ratings up. A dealership that will do this and then have their friends and even stupid employees who forget to sign out of their accounts write reviews about themselves is not ethical. If you read the review from Hamid Sepehri about a month ago in the reviews they straight up tried to fraudulently steal money from that man. I'm happy for you but feel sad already for the people that will see that they are at a 4.3 star level in reviews and go and probably get screwed.

just my 2 cents, i personally think that you held you part of the deal asking, but i think no one should of removed their bad review or changed it.
He promised to ask …
 

indio22

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In my case, I demanded pricing confirmation, purchase agreement, signed DORA... anything they would give me at the time of reservation, order, and now shipping. My dealer hasn't given me anything with their signature in writing, but they've given me DORAs to sign with the salesman's name on it, and confirmed pricing via email. I'd be in OP's same shoes if it goes south, which I hope to god it doesn't.
Yeah hopefully it works out, at least you made a good effort to get some confirmations.

I recall a few months back, Ford might have issued some guideline steps to take when placing an order. One step was getting some invoice or similar documented agreed by both parties.

Going forward if ordering, I'd recommend showing up with the Ford issued guideline steps printed out, and pointing to the invoice step if a dealer says no. Then the customer can say hey, Ford is stating right here, this is what we should do.
 

SPITmadFIRE

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Yeah hopefully it works out, at least you made a good effort to get some confirmations.

I recall a few months back, Ford might have issued some guideline steps to take when placing an order. One step was getting some invoice or similar documented agreed by both parties.

Going forward if ordering, I'd recommend showing up with the Ford issued guideline steps printed out, and pointing to the invoice step if a dealer says no. Then the customer can say hey, Ford is stating right here, this is what we should do.
I brought this up with my dealer about 2022 orders and how they’re recommended to provide signed pricing agreements — they had me sign the “same thing we give to 2022 order holders” so ¯\_(ツ)_/¯ we shall see
 

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Ice Age

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Good views here and Damn the conversations last😁. I think its interesting how many are now wanting the Dealers to have signed agreements an the agreed sale price of the ordered vehicle before the vehicle actually comes in🤔. Playing the Devils advocate here 🤪 fast forward to say 1 year or 2 years from now and the market has changed. Meaning there are so many Broncos on the dealers lots and many more in the used car market. The market shifts to the opposite where their are discounts on the vehicle but yet you signed a Sales Contract on a vehicle that at the time was seemingly a good price but 3-4 months later not so much. And now you can buy the same vehicle for thousands less due to supply and demand. The dealer on the other side of the coin threatens to Sue you and or do do Social Revenge on you for not honoring the price agreed😳. Lesson learned is be careful of what you think is such a great idea may not be such a great idea. Glad the Op took my advice on how to handle the out come but its a two way street for all involved and I ain’t the one supporting the A Hole Lindsay automotive group who I would have never given them a Dime of my Money. I said Walk away from the get go but yeh enjoy the new ride and tell those around you to never deal with the Lindsay Automotive Group all their stealerships operate the same sadly. A good dealer will honor a ordered vehicle and understand they want your business and will accommodate you to complete the sale.
 
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i have not read the whole thread (yet) - I am not an attorney, you are. I agree with the offer and acceptance. the dealer prepared the price sheet to induce you to convert your reservation to an order with them (instead of another dealer) and took a deposit from your signing that sheet. We as consumers rely on dealers to be the expert of guiding us to an agreement and don't know we should get a sales agreement signed by both parties.

moreover, they are utilizing duress to get you to pay the ADM else they will release the car and find another buyer. I've been wondering, in such a dispute, couldn't a buyer sue for injunctive relief asking a court to block the sale of the car until the dispute is resolved? I would think not only does that remove duress, it also causes the dealer to reckon with a 2 week deadline when Ford actually bills them for the car and their warehouse financing kicks in.

thankfully my dealer, Schultz of Nanuet NY, was totally on the up and up and I didn't have to go through this, but I planned ahead, shared all docs with my attorney and created a plan. Well worth 1 hr fee of his time.
Part of the legal strategy I was pursuing included a motion for replevin which as I understand it in the state of Maryland allows for a specific performance remedy in this case prohibiting them from selling my vehicle to someone else.
 
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Smeagolsaur

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Very good counselor. I myself am getting invoice on mine. (Not rubbing it in). I have an email correspondence agreement along with signed build order by myself and the dealer. To all, emails are a legal document too.
Good! Get as much paper trail as you can.
 

GreenMtnBronco

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Ford would not be selling this Bronco to this POS dealer without this customer ordering it. Take control, Ford.
Ford actually directed you to a dealer based on your zip code. I am new to my area, had no idea the reputation of my dealer and relied on Ford's say so to use this dealer. In my case, I got very lucky that I have an upstanding dealer, others not so much. This is the first Ford Product I've bought since 1986
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