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

[bronco2drga]

Maybe if you can get enough people with similar experiences together you can make something happen

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[Smeagolsaur]

It has been over a decade since I have messed with contracts, but I have been wondering if the reservation system provides some estoppel protection.

Up until the point you ordered, you had the option to take your reservation to any other dealer. The verbal offer of no ADM prevented you from doing so.

But, even if successful, what would the damages (resolution)be? Specific performance in broviding a Bronco at MSRP, or monetary damages, which would be basically nothing?

Great questions. Maryland UCC states that a buyer can seek damages from a seller who repudiates the contract and get the difference between the market value at the time of the repudiation and the contract price. That would be $10,000 - which is the price they believe they can get from the open market above what we agreed to. There’s probably other damages I can lump in regarding the time/effort/expense/emotional harm of sticking with this dealer to get to this point. I’m not entirely sure though, as I don’t specialize in this field of law so I’ve reached out to several attorneys who do.

 

[andrusoid]

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. I have an order summary with MSRP and my signature and date but they are not honoring it. 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

You have a contract, enforce it. Contact @mrlevine, Ford's Director of Customer Communications, he hates this crap. On Twitter.

 

[Smeagolsaur]

You have a contract, enforce it. Contact @mrlevine, Ford's Director of Customer Communications, he hates this crap. On Twitter.

Yes, I tweeted Mike Levine and Ford a few hours ago. No response yet.

 

[Smeagolsaur]

Sales mangers are a dime a dozen. And can be greedy in some dealerships. The store will have a general manger and an owner/dealer. If it's a single point, or maybe a couple of stores, there will be a dealer who owns the place. If it's part of a big group, there will be a general manger and an area manger for the group. The will also be a general sales manager over the sales manger. Sales dept has a set of mangers, then also service manger, and parts manger, and body shop manger. Might also be a parts and service director over them. The sales manager is low on the totem pole, so to speak. Call and ask who is the owner, and to speak to them. Owners want problems to be handled before it gets to them, because they don't want to hear about it and want a customer to be happy. And, any particular situation doesn't matter to them financially. Not so with a salesman and sales manager.

BTW, I spent 29 years at dealerships, started as salesman and worked my up to general manger. I worked for very good dealerships, which most are, and we would have never even thought about doing anything like this. Find who's at the top. You will likely get a resolution. They'll think they'll lose in court anyway, which they likely will. You have both a written agreement and a verbal contract, which are binding. Sales manger may not know that, but the dealer does.

This is GREAT insight, thank you for posting this. Per your advice, I emailed the general manager, laid out the situation, made it very clear that I’m pursuing legal remedy and that it would be cheaper for them to fulfill their end of the bargain, and requested he put me in contact with the owner/dealer. Let’s see what happens!

 

[Jason]

On behalf of all of us who aren’t lawyers: fight.

Do it on principal. Drag it out. Even if you don’t win, I’m sure you have some lawyer tricks that can make this the most painful $10k they ever make.

 

[Smeagolsaur]

On behalf of all of us who aren’t lawyers: fight.

Do it on principal. Drag it out. Even if you don’t win, I’m sure you have some lawyer tricks that can make this the most painful $10k they ever make.

Yes, my friend. This is about more than money now. It’s principle. I will fight the good fight.

 

[Jhuff]

Great questions. Maryland UCC states that a buyer can seek damages from a seller who repudiates the contract and get the difference between the market value at the time of the repudiation and the contract price. That would be $10,000 - which is the price they believe they can get from the open market above what we agreed to. There’s probably other damages I can lump in regarding the time/effort/expense/emotional harm of sticking with this dealer to get to this point. I’m not entirely sure though, as I don’t specialize in this field of law so I’ve reached out to several attorneys who do.

Awesome. If the dealer doesn't keep their word, it would be great for the community (and you) to have the precedent of a court halting these bait and switch tactics.

Hoping for the best!

 

[stratego]

You have a contract, enforce it. Contact @mrlevine, Ford's Director of Customer Communications, he hates this crap. On Twitter.

This is incorrect, he posts a bunch of sophistry justifying and shrugging his shoulders at dealer antics. After all, dealers are Ford customers, and Ford essentially has no concept of creating a good experience for end-users.

I pointed out to him all the California dealers marking up Mach-Es and he did a mealy mouthed justification saying that he helps people find no-markup dealers and that Tesla does not help with this. He then went on to complain about how Tesla has raised prices in the market, neatly sidestepping the major market difference between OEMs raising prices (increases residual value, unchanged Loan To Value in the market) and dealers raising market (does not increase residual, screws over LTV, putting auto loan market in peril.)

 

[Gotdesl]

Ford isn't helpless in assisting this situation. They just don't want to. Ford is quite content (ecstatic) with dealers being able to charge well over MSRP. At the same time, Ford has proven to everyone that they can effectively manage dealer behavior through allocation targeting. As long as dealers aren't selling these for less than MSRP, they are in good standing with Ford.

I really, really hope you can secure the Bronco that you ordered. Good luck.

 

[PaulBrownSr]

Give those spineless cowards hell, Smeagolsaur! I am rooting for you!!

I hope they back down and you don’t need to take it to a courtroom, but a successful lawsuit could definitely make some of these other crooked stealerships take notice.

 

[Desert_6G]

Verbal agreements are equally valid as written contracts. Proving them is more difficult, but can be done.

It's basicaly he said she said. Just get it in writing; its much easier in the long run.

 

[hemiblas]

Good luck. I hope you find a solution. It is disgusting how these dealers are trying to take advantage of the reservation system.

 

[thenewjs]

My RSVP was initially at Wheaton Ford, switched to Chapman when the wife and I stopped by the dealership to ask about ADM back in the spring and the dude with the accent was acting shady.

We drove by today before seeing this, and told I the wife they were screwing customers at delivery.

 

[Jebbber]

The issue here is there is no contract. The signed order form does not obligate them to sell to you for the MSRP (regardless of whether you signed it or not). By the same token, you are not obligated to purchase it from them for that price.

MSRP is exactly what it says it is - a “suggested” retail price. To go back to first year contracts class, there was no meeting of the minds on price.

That’s why everyone should sign a bill of sale before leaving the dealership when you go in to order.

That being said, this totally sucks and I feel for you. However, I suspect you’d have more luck litigating this in the court of public opinion.

Karma’s a bitch. Shady dealers will get what’s coming to them.

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