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

[Lifeliberty]

I agree about finding OP a bronco. I don’t agree with others asking to find their own 2D Broncos in the thread about OP getting screwed out of theirs.

If everyone will wait one year, they'll be caught up in reservations and orders. 2023 will be at msrp or below. Vote with your wallets people. You need something now you're going to pay if you didn't go through an honest dealer. Any ADM isn't worth it on a bronco, you're just paying to get it sooner. Market will be flooded in year 3

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[BAC2LIF]

OP, sorry to hear your dream is turning into a nightmare. I think a lot of people on here can appreciate your predicament and I’m positive many on here would be interested to hear whether you immediately file a lawsuit, and a TRO, in state or federal court. The calls and the emails are fine and all but my guess is that they don’t care, yet.

While a lawsuit may or may not ultimately be successful, it would certainly get press. Feel free to correct me, but I’ve not heard of anyone actually suing because everyone assumes a lawsuit wouldn’t go anywhere. The irony is the lawsuit, not the threat of one, is what gives you leverage. Enough leverage and you may end up getting what you want.

Parties: FoMoCo, the owner(s) of the dealership, the general manager, the sales manager, the finance manager, etc.

Theoretical Counts: Breach of Contract, Violation of applicable UCC Section, Unfair and Deceptive Trade Practices, Fraud, Conversion, Intention Infliction of Emotional Distress.

I would hope that immediately filing a lawsuit would give you plenty of leverage including:

1. Potentially enjoining dealer from selling vehicle for duration of litigation;
2. Costing the dealer money to defend (ie nuisance value);
3. Getting discovery which would likely prove their intent to deceive, not just you, but others (you’d be surprised the stuff people actually out in text messages and emails);
4. After months of fighting they might just concede and give you your vehicle, likely subject to a settlement and NDA.

From many of our perspectives you’ve got very little to loose. That being said I’m sure it’ll cost you some money, but you said it was about principle at this point. If you get a favorable judge, or better yet have a jury, this case could be the blueprint for so many others who’ve had this happen to them.

Lastly, because no very large company is afraid to get sued, you should consider speaking with the government (i.e. consumer protection bureau and the ftc). My guess is that they’ve had plenty of complaints and maybe a federal inquiry into the trade practices of FoMoCo and their dealers might get someone’s attention.

Just some ideas. You should talk with a licensed attorney. And don’t forget to ask for attorneys fees and punitive damages, if they’re available for your claims.

Best of luck.

 

[SPITmadFIRE]

If everyone will wait one year, they'll be caught up in reservations and orders. 2023 will be at msrp or below. Vote with your wallets people. You need something now you're going to pay if you didn't go through an honest dealer. Any ADM isn't worth it on a bronco, you're just paying to get it sooner. Market will be flooded in year 3

This hurts to hear but I’m in agreement. I have a moderately reliable AWD car already, but having a Bronco now would be nice. If my dealer screws me, I’ll make sure to write one negative review for every visit I’ve made to their dealership (many many times in the last five years), raise hell in every car group/partner program I’m a member of, and order an identical config from someone more reputable.

 

[Lifeliberty]

This hurts to hear but I’m in agreement. I have a moderately reliable AWD car already, but having a Bronco now would be nice. If my dealer screws me, I’ll make sure to write one negative review for every visit I’ve made to their dealership (many many times in the last five years), raise hell in every car group/partner program I’m a member of, and order an identical config from someone more reputable.

If the dealer fucks me i walk, but I'd probably go one better and buy a Toyota. Ford needs to step up with these issues. If they don't then id vote with my wallet. I don't reward behavior i wouldn't do myself

 

[SPITmadFIRE]

If the dealer fucks me i walk, but I'd probably go one better and buy a Toyota. Ford needs to step up with these issues. If they don't then id vote with my wallet. I don't reward behavior i wouldn't do myself

until the ADM buyers settle down, it doesn’t really harm your Ford dealer if you buy a Toyota, though — the dealership I’ve ordered from has had multiple Badlands configs marked up with $30,000 ADM on the lot. I get the ability to set prices however you want when there’s low inventory for random buyers walking up, but it’s getting extreme when they decide to screw over reservation/order holders.

 

[Smeagolsaur]

Sadly, while it sounds good on the surface, the reality is the $100 paid was for a reservation that could be converted into an order. That was the contract we had with Ford. Ford allowed us to convert the reservations into orders. That fulfilled the contract. They also said it would be refundable as a deposit, so suing a dealer that refused to return it, your damages would be, drum roll please... $100, which they probably refunded anyway, and, at least in my State, is far less than it costs to file in small claims court. The same argument can be made for the broken terms of first reserved, first served. Refund of the $100 would be the damages if a judge found it was integral to the original contract. While not a lawyer and not offering legal advice here (or anywhere), I have dealt with construction contracts for a couple of decades and have seen how it works in real life.

Contracts (if the court even sides with the final consumer and finds there was a contract at MSRP) get breached all the time. Essentially you are entitled to damages if you win. What damages did you suffer because you didn't get a mass produced (not unique) vehicle at whatever particular time it arrives? A mythical story about how it could have been sold for more to an unknown entity in the future seems a bit nebulous to me. Even if the dealer sells it for, say... $5000 more, if they offered it to the reservation holder for the same amount, they had the chance to buy it for what it was worth. Proving actual damages, value you lost because you could not buy a Bronco, seems a tough nut to crack.

While morally reprehensible in my opinion, I just don't see legal remedies being effective at changing the behavior of those dealers whom decided to sell above MSRP. I wish you all luck in your particular dealer experiences. Might be a good time to check old threads for similar stories about your chosen dealer so you can see about moving or getting better assurances. The OP's dealer pops up with ADM threads even under this thread in suggested reading, had he searched, might have been able to change dealers before it was too late. Not that it places any blame on the OP, just might have been a help to him.

You answered your own question and then arrived at the wrong conclusion. Damages here are the difference between the market value and contract price - which according to them is $5000. So they will need to pay me that difference to make me whole because that's how much more it will cost in the free market for me to acquire the same vehicle given the increase in market demand since we brokered the deal.

 

[Lifeliberty]

until the ADM buyers settle down, it doesn’t really harm your Ford dealer if you buy a Toyota, though — the dealership I’ve ordered from has had multiple Badlands configs marked up with $30,000 ADM on the lot. I get the ability to set prices however you want when there’s low inventory for random buyers walking up, but it’s getting extreme when they decide to screw over reservation/order holders.

Ford loses a sale and wouldn't like it, that would be my point

Ford put things in place for sales to go to reservation holders.(future allocation) They need to enforce it to protect their customers. Otherwise, they don't really care and they can go fuck themselves. It's not about dealer, it's about corporate

Res holders should get msrp or whatever was agreed upon. If forfeit then dealer can add whatever they want

 

[BassMaster]

That sucks. But real question...how does the summary page (which isn't a sales contract) commit the dealer to selling it at MSRP?
[/QUOT
i Guess there’s no law against being an unprofessional business
I’m sure they tell you its MSRP when you order and then lower the boom when you go to pick it up. My dealership, Bill Clough Ford in Windsor, NC is selling me mine at A Plan. My build date is Jan 3
(and yes I have it in writing )

 

[SPITmadFIRE]

Ford loses a sale and wouldn't like it, that would be my point

Ford put things in place for sales to go to reservation holders. They need to enforce it, otherwise it's just worthless pr

They wouldn’t really lose that sale in this market, was my point. They’d mark it up even higher and sell to someone random off the street a few days later.

 

[Lifeliberty]

They wouldn’t really lose that sale in this market, was my point. They’d mark it up even higher and sell to someone random off the street a few days later.

Ford would lose a sale to me. The dealer might make it up in adm, but Ford corporate loses a sale. Basically, the dealer fucked over ford for greed

 

[Lifeliberty]

You answered your own question and then arrived at the wrong conclusion. Damages here are the difference between the market value and contract price - which according to them is $5000. So they will need to pay me that difference to make me whole because that's how much more it will cost in the free market for me to acquire the same vehicle given the increase in market demand since we brokered the deal.

Let us know how that works out for you. I'd probably be calling news stations for 6onyourside, or whatever you have locally(i see you did that)

You'd be more likely winning a PR battle than court battle

If you do pursue court, find a precedent

 

[ollie]

"my signature and date"

What about the dealership signature? Seems like a one sided contract without it.

That is exactly correct. It's slimy but true. A customer has zero expectation for getting an agreed to price in writing unless it is signed by both parties. Also read every singe word and punctuation in the contract. A slick way for them to back out is by stating changes can be made at any time. There are all kinds of ways to bury this with fancy words. Also a contract is null and void if there are any errors in punctuation or grammar.

 

[Ice Age]

Wow just sad to say the least but yet you have a confirmed special order ticket displayed on the window sticker.

 

[Ice Age]

OMG I personally know the GM Jeremy I used to buy my Land Rovers and Jaguars from Rosenthal Land Rover and Jaguar of Tysons. He managed the Chantilly location then they cleaned house and he came to Dulles Dodge of Leesburg and got to know him there.

 

[RWBigBend21]

Did you pay a deposit?

yeah a deposit seems to help dial it in. I had one as well but maybe it do

I have the same thing, look closely in the bottom right corner and it says this is not an invoice. I can't understand how dealerships justify adding on ADM when all they did was basically broker the deal that you already chose. It's total garbage, but I doubt you have an actual contract. Did you put money down or are you talking about the original $100 reservation fee?

The dealers who aren't marking it up mass amounts like them are still marking up with clever gimmicks like $1-$2,000 "protection packages" Complete scams where they sell you "VIN # glass etchings. Fabric protection, cup guards, its all b.s. My dealer said "No new Bronco's leave the lot without it. You can negotiate it but it's a common scam here in Florida.

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