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

[CRBronco]

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.

Its terrible that you had to go through this at all but good to know that if it happens to someone else there is atleast an idea of what to do. Nice Bronco!

Sponsored

 

[Roll Sound]

The bait and switch is the problem, not an enterprising business move. If I tell you I'll sell you my new Wildtrak for $65K and you drive to my house and I want $75K, thats the problem, not me selling a Bronco.

 

[Sparky32]

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.

 

[69351windsor]

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.

THIS!!!! We have to stand strong in the face of these beady-eyed cockroach cheater dealers & their bag of tricks.

 

[LSTLAF]

Your pic reminds me of....

 

[tn3sport]

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.

Glad it all worked out in the end and that the dealer made good on their commitment. Although I feel Ford needs to be a better liaison in these issues. Other national brands hold their franchises accountable to corporate customer satisfaction policies and standards. e.g Chick-fil-a, Craftsman, Walmart, et al. Call the headquarters of any of these and you typically get immediate results... Not sure why Ford doesn't do the same.... Afterall, it would never come as a surprise to Ford corporation that the Bronco was committed to MSRP for its initial reservation holders....

 

[Wanted33]

Congratulations sir, happy we could help.

 

[Dirty Bronco]

First of all let me say I rarely post to the public forum anymore but this one brought me out of my dark slumber. Secondly, congratulations for getting your Bronco. I firmly believe you were in the right to do what you did in order to secure your vehicle at the previously agreed upon price.

While I am not a legal expert I think we can all agree that changing the price when there is a previously agreed upon value is a shitty thing to do... even if it is just verbal. Say what you want about the car industry and dealerships... any other line of work pulling this would be frowned upon and flogged with criticism. I understand the dealership has requested all negative reviews be taken down but it doesn't take much to realize how slimy this dealership is...

1. ADM as OP posted after previously agreed upon price
2. Sales team all having their "own" Bronco's and even selling them...
3. Countless 5 star reviews were left in the last 24 hours to counteract the negative reviews they were receiving from their actions. Doesn't take long to search and find these reviews are employees and family members.

My two cents: Play stupid games, win stupid prizes. This dealership deserves all the negative feedback/reviews they have coming to them.

 

[johndeerefarmer]

I dont think he is a great guy. I will not do business with them ever again. I'm just happy to get the original deal (and then some) and put this whole episode behind me.

That's exactly why he did it. You got a deal, all negative reviews are gone and he's gonna do it to the next guy. In other words if you got a better than original deal he paid you to shut up- and that doesn't sit well with me
If you aren't going to do business with them in the future then put a review up there to warn others

 

[KDTX]

All the reveiws and negative comments should be left as is. People need to see the shit show that he went through for this positive outcome. Let's not wash it down and make the dealer come out looking like some kind of savior!

From this point on, this website will gain a few members - surely dealership employees saying all kinds of positive crap about the dealership. The history needs to exist!

 

[SPITmadFIRE]

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.

 

[adamruiz2001]

So happy to see the outcome as it should have been from day one, instead of playing games and wasting everyone's time involved. Hope that dealership learned it's lesson, probably not though. Nice rig!

 

[SPITmadFIRE]

That's exactly why he did it. You got a deal, all negative reviews are gone and he's gonna do it to the next guy. In other words if you got a better than original deal he paid you to shut up- and that doesn't sit well with me
If you aren't going to do business with them in the future then put a review up there to warn others

You understand the deal was for him to remove _his_ review, and _request_ we all leave ours up, right? Are you honestly telling me if B6G banded together and brought 1,000 bad reviews to your dealer, and the dealer caves to give you a better price, you wouldn't take that deal? You'd die on that hill, and lose your Bronco?

What OP did is a net good for ALL of us -- stop nitpicking them for following up on their end of the deal. You can't make two wrongs into a right.

 

[SPITmadFIRE]

I dont think he is a great guy. I will not do business with them ever again. I'm just happy to get the original deal (and then some) and put this whole episode behind me.

I don't have a problem whatsoever with what you did OP -- you held up your end of the deal multiple times, and the many many negative reviews left on their dealership page will deter plenty of people away regardless. Great work here, and thank you for setting the example again for the rest of us to follow if this happens to us.

 

[GreenMtnBronco]

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.

Sponsored