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

[sda3]

18 5 star google reviews in the last hour... I doubt they've even had that many people in the showroom door in the last hour. Pretty suspect.

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[SoK66]

The only way to stop dealers adding ADM is to refuse to pay it and walk. I’m a Fird retiree. Between the nonstop launch bungling and these dealer thieves I want wear a bag over my head. DO NOT PAY ADM!!!!

 

[TK421]

I feel the same way. Though my situation was a bit different. I walked in and someone had let their per-order go. The MSRP on mine Outer Banks was $51,015. They then added on another 10k because of the demand. I was questioning if they even marked up the MSRP, then threw the 10k at me. After I inked the deal two other people were inline asking about it. Its dumb and am just as furious as you are.

 

[MayhemMike]

"Legal order holder"
What does that mean.?????

Its not theirs to sell if your reservation number obtained the vehicle....via the DORA and was Assigned a VIN number for that reservation number by Ford.

Plus, there was an legit agreement between the parites and money has changed hands.
Thats what a deposit is.

Just because the dealership "forgets" the agreement and not honor the deposit, does not mean they can do whatever the "F" they want.

legal order holder????
the dealer never signed the Dora????
Where does all this nonsensical stuff come from
All of this is a joke???
ALL BS!!!mumbo jumbo????

A contract Breach is a contract Breach...Fraud is fraud. That's why issues like this get settled in a courtroom.

The OP is an attorney and could for a couple hundred dollars file a lawsuit and make that dealership wish they were never born.

Even if he looses he still gets some level of payback.

OP you have my full support!!!!!

I agree with the deal is a deal concept. Dealers pulling this stuff is scummy to say the least. I am just putting forth reality. Ford dealerships are their own entity and not part of Ford. The dealer purchases the car regardless of who ordered it. A call to Ford HQ will validate this. Any customer can walk away from an ordered vehicle at any time. This proves there is no real contract. If it was, the customer would be forced to buy the vehicle they ordered. Dealers are skirting the Ford rule stating orders must be from verified customer. Since they cant file bogus orders, some have used customer orders to gain stock vehicles by marking up the price in hopes the order holder will walk. Some have also used customer orders, but ordered models the dealer knew they could get sooner due to commodities, and when the customer turns down the delivered vehicle, on the lot it goes at ADM. It is all scummy, but the reality is, the dealership owns the vehicle until it is sold.

 

[JRYbronco]

Haha checkout their latest series of NEW reviews...from employees I'm sure:

https://www.google.com/search?q=lindsay+ford+wheaton,+md&rlz=1C1CHBF_enCA961CA961&oq=lindsay+ford+wheaton,+md&aqs=chrome..69i57.3574j0j4&sourceid=chrome&ie=UTF-8&shem=ssmd#lrd=0x89b7cee2992935ed:0x15fb0388e619246b,1,,,

Everyone needs to get on the review train here

EDIT: You can see most of the 5 star reviews are from accounts that have only ever posted 1 review...

 

[Edumakated]

Haha checkout their latest series of NEW reviews...from employees I'm sure:

https://www.google.com/search?q=lindsay+ford+wheaton,+md&rlz=1C1CHBF_enCA961CA961&oq=lindsay+ford+wheaton,+md&aqs=chrome..69i57.3574j0j4&sourceid=chrome&ie=UTF-8&shem=ssmd#lrd=0x89b7cee2992935ed:0x15fb0388e619246b,1,,,

Everyone needs to get on the review train here

Love how all these great reviews are coming in every other minute. Hilarious.

 

[Will_05]

Does anyone know how long I have to change dealer’s with my 01/17/21 build date? I’d like to know before I contact my dealer about potential MSRP markup’s.

 

[Lake Tahoe Traveler]

Hey there, as a lawyer who defended many consumer class actions I have to speak up about all of you out there being screwed over by Ford dealers. You actually do have a legitimate breach of contract claim against these dealers and you should not back down. Any consumer contract is going to be construed against the "drafter" of that contract in court, at least with a decent lawyer and judge. That is the case law. It is not "signed" by the dealer but the dealer himself drafted it, so he doesn't necessarily need to sign it for you to prove that he obviously agreed to be bound by those terms. Those are his own terms that he himself sought to be bound by and then sought for you to agree to be bound by, and then asked you to put up an additional $1000 in earnest money to be bound by in performance of that contract, which they themselves drafted. Had the document appeared mysteriously then you would have to prove they somehow agreed to it, but the fact they they drafted it means they clearly meant to bind themselves to those terms. Otherwise why would they be asking you to sign it and deposit earnest money in part performance?

Oral contracts are just as binding as written ones as a general rule, except that there is a statutory law that exists in nearly every state, probably every state called the Statute of Frauds that requires all agreements for real estate, for probate and estate disposition transactions and now for transactions exceeding $500 to be in writing, and at least signed by the one party you seek to enforce the contract against. This is the problem now with enforcing the purchase agreement drafted by the Ford dealer but unsigned by them. But there are exceptions to the Statute of Frauds.

One of them is that this signature requirement no longer applies when the work or performance of the contract has already begun, which it has when the dealer required the $1000 deposit, you paid the deposit in performance of the agreement, and the Bronco began to be built, then again when Ford corporate sent you a photo of your Bronco baby coming off the assembly line. Further, you began additional performance perhaps by selling a prior vehicle, securing financing, or forgoing other opportunities. This is called the Promissory Estoppel exception to the Statute of Frauds. In any other circumstance that Ford Dealer would be able to pocket your $1000 deposit if you tried to cancel your ordered Bronco based on that agreement. Ford should be estopped from profiting from their one-sided trick consumer contract, which they assured you was sufficient to ensure that you would pay the agreed upon price documented there at delivery.

Another exception called "Admission" applies when the dealer admits to the existence of the oral agreement and only disputes the fact that they failed to sign their form.

Moreover, the Statue of Frauds can be met simply by business documents that are unsigned by a business when their usual manner of presenting the bill that binds the customer to the deal is with an unsigned document, and this appears to be the same document they are using to effectuate all of the Bronco orders to memorialize their oral agreement. Meaning an unsigned form like this one prepared by the dealer and presented to the purchaser can be deemed sufficient to satisfy the Statute of Frauds, like I said in my beginning paragraph, because they are the ones who drafted it, which makes the entire document their signature. Their mitts are all over that document, that document is their signature and their word. Take them to court.

Finally, do not fall for any further claim that you are required to go to arbitration with them to resolve a contract dispute over a contract they claim does not exist, take them to court on that claim as well and force them to tell that to the judge.

I can hardly believe that so many Ford dealers have not advanced from their 1980s roots in nefarious business practices. The dealership business model is going to be extinct very soon for this reason. Contact the Consumer Financial Protection Bureau while you are making calls and your state Attorney General, it is a rug pull racket.

Thank you for making sense out of this legal issue.!!!!!

 

[Ratherder]

My FIL once had a car he ordered selected for testing. He was notified of such and given a chance to opt-out of the testing. He agreed to it on the basis any thing found that was wrong would be fixed.
I don't recall the manufacturer, except to say it was not GM.

 

[Gamecock]

Does anyone know how long I have to change dealer’s with my 01/17/21 build date? I’d like to know before I contact my dealer about potential MSRP markup’s.

 

[Luv9rove]

Hey there, as a lawyer who defended many consumer class actions I have to speak up about all of you out there being screwed over by Ford dealers. You actually do have a legitimate breach of contract claim against these dealers and you should not back down. Any consumer contract is going to be construed against the "drafter" of that contract in court, at least with a decent lawyer and judge. That is the case law. It is not "signed" by the dealer but the dealer himself drafted it, so he doesn't necessarily need to sign it for you to prove that he obviously agreed to be bound by those terms. Those are his own terms that he himself sought to be bound by and then sought for you to agree to be bound by, and then asked you to put up an additional $1000 in earnest money to be bound by in performance of that contract, which they themselves drafted. Had the document appeared mysteriously then you would have to prove they somehow agreed to it, but the fact they they drafted it means they clearly meant to bind themselves to those terms. Otherwise why would they be asking you to sign it and deposit earnest money in part performance?

Oral contracts are just as binding as written ones as a general rule, except that there is a statutory law that exists in nearly every state, probably every state called the Statute of Frauds that requires all agreements for real estate, for probate and estate disposition transactions and now for transactions exceeding $500 to be in writing, and at least signed by the one party you seek to enforce the contract against. This is the problem now with enforcing the purchase agreement drafted by the Ford dealer but unsigned by them. But there are exceptions to the Statute of Frauds.

One of them is that this signature requirement no longer applies when the work or performance of the contract has already begun, which it has when the dealer required the $1000 deposit, you paid the deposit in performance of the agreement, and the Bronco began to be built, then again when Ford corporate sent you a photo of your Bronco baby coming off the assembly line. Further, you began additional performance perhaps by selling a prior vehicle, securing financing, or forgoing other opportunities. This is called the Promissory Estoppel exception to the Statute of Frauds. In any other circumstance that Ford Dealer would be able to pocket your $1000 deposit if you tried to cancel your ordered Bronco based on that agreement. Ford should be estopped from profiting from their one-sided trick consumer contract, which they assured you was sufficient to ensure that you would pay the agreed upon price documented there at delivery.

EDIT: Another argument in your favor is the price protections that Ford placed on MY 2022 orders for those with 2021 reservations. The credit they gave you for the price increase when your 2021 orders were shifted to 2022 model year clearly shows that Ford corporate intended for you to be able to continue to pay the price that you agreed to pay for your ordered vehicles, and reserved vehicles with intention to order the vehicles at previously agreed prices.

Another exception called "Admission" applies when the dealer admits to the existence of the oral agreement and only disputes the fact that they failed to sign their form.

Moreover, the Statue of Frauds can be met simply by business documents that are unsigned by a business when their usual manner of presenting the bill that binds the customer to the deal is with an unsigned document, and this appears to be the same document they are using to effectuate all of the Bronco orders to memorialize their oral agreement. Meaning an unsigned form like this one prepared by the dealer and presented to the purchaser can be deemed sufficient to satisfy the Statute of Frauds, like I said in my beginning paragraph, because they are the ones who drafted it, which makes the entire document their signature. Their mitts are all over that document, that document is their signature and their word. Take them to court.

Finally, do not fall for any further claim that you are required to go to arbitration with them to resolve a contract dispute over a contract they claim does not exist, take them to court on that claim as well and force them to tell that to the judge.

I can hardly believe that so many Ford dealers have not advanced from their 1980s roots in nefarious business practices. The dealership business model is going to be extinct very soon for this reason. Contact the Consumer Financial Protection Bureau while you are making calls and your state Attorney General, it is a rug pull racket.

Well said. I have been predicting the demise of the auto dealer for some time, along with real estate brokers. They are becoming obsolete and they know it, and it's one reason they are bucking so hard right now. Their role in a transaction has been minimized to the point where everyone is asking "why do you you get a cut of this?".

My local dealer has very few cars in the lot and from first glance, looks abandoned. It may just be a matter of time until manufacturers can skip all the dealership nonsense, set up rigorous online ordering systems, and sell directly to consumers.

 

[rigel]

so did you get your bronco? still waiting? did they sell your bronco?

 

[wazuu00]

Left a 1 star review, Kind of sad when they probably had to send out a store wide email to have all employees write fake reviews

 

[Ice Age]

Can't wait to see the Car Dealers about a year from now having to lure people back in and the reality of having to discount the Huge NEW Car inventory. Everyone knows whatever goes up eventually comes down. I remember the Fall of 2014 ordering my 2015 Dodge Challenger Hellcat. It was supposed to be built and available by January 2015. Time passes and I never get a VIN and exact same scenario everyone wants one and they cant build them fast enough. Even to the point the Summer of 2015 People have th Government look into Dodge Manufacturing and charging people huge monies for the cars. Uh Huh like that went anywhere. But in January of 2015 I find out the Owner of the Dealership gave my order to his best friend. Uh huh but you know what that actually was an opportunity being I wanted a Plum Crazy Challenger Hellcat but the 2015 model year did not offer the color. Summing it up take a negative and turn it into a POSITIVE

 

[SPITmadFIRE]

Keep in mind, on most platforms it’s against the terms of service to provide inaccurate or fake reviews. These would be considered either spam reviews, or “conflict of interest” in the report dialog.

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