Signed Purchase Agreement - Examples that will hold up?

[Mr_Scoutmaster]

Given the increasing amount of dealer ADMs and shenanigans taking place, I think it is important to understand what exactly may hold a dealer to the agreed upon price when our broncos finally arrive. FORD does not help with this at all with any sort of template or binding language for reservation holders either. Whether that is a nod giving dealers leeway or a legal impossibility for them is unclear. Reordering for MY'22 gives us the perfect opportunity to march in a demand something specific gets signed if we missed doing that the first time around.

Does someone want to provide us with a copy of their "signed purchase agreement" that we are all supposed to have which is supposed to protect us here? So far, everyone says that's what we need yet not many people, including myself know what that should look like. I signed a build sheet with the date and MSRP on it for the dealer which I have a copy of, but they did not sign that - there's not even a place for them to sign it. The dealer has verbally said MSRP for reservation holders and delivered several at MSRP already, but that's not enough for me.

Regardless of this, there is a secondary discussion on if that agreement is even a binding contract. Many people seem to think that until you take official ownership either with cash or from a lending institution to pay off the dealership, it's completely theirs to decide what it sells for. I am not waiting 24 months and driving a vehicle that's falling apart to buy a dollar above MSRP.

I need examples of what some of you think we need here, because so far the discussion seems to be nothing is actually valid if a dealer wants to charge ADM and then sell it to someone else.

*Disclaimer - I apologize if this has already been done in the Forum and I missed it. I do think it is a good time as we approach 10/13 to rehash this.

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[Drex]

A dealer can breach any signed deal (as can you), your/their recourse would be to prove actual damages in civil court. What damages do you have if you do not get to buy a vehicle at the time it comes in? None leap to mind except a loss of deposit money, which most dealers will just give back to you to make you go away. If a dealer is going to renege, you can try to prove that you were caused actual, verifiable losses because that particular vehicle was crucial to avoiding the loss. Seems a very specific and difficult hurdle to clear to my mind. Of course, you want to get with a fancy store bought lawyer to review your specific claims to see where you stand.

 

[Boxer4]

After reading these stories, I feel fortunate the owner of my dealership sent me a letter back in 2020 stating no ADMs or hidden fees on 2021 Bronco reseveration holders . They kept their word.

 

[jjack50]

A dealer can breach any signed deal (as can you), your/their recourse would be to prove actual damages in civil court. What damages do you have if you do not get to buy a vehicle at the time it comes in? None leap to mind except a loss of deposit money, which most dealers will just give back to you to make you go away. If a dealer is going to renege, you can try to prove that you were caused actual, verifiable losses because that particular vehicle was crucial to avoiding the loss. Seems a very specific and difficult hurdle to clear to my mind. Of course, you want to get with a fancy store bought lawyer to review your specific claims to see where you stand.

its not just a case of contract law in states that regulate car dealers. In those states, you have to report those dealers to the state regulators. It probably won’t be fast but that may be your best recourse.

 

[Dragline]

Mine should be in within 7 days. Will let you know how it goes. Dealer I'm using was very fair when I bought a 2005 mustang from them. They have promised no ADM all along.

What I have is a "Retail Order for Motor Vehicle", with the sticker price, tax, tags, dealer fees, total price, less down payment, and total unpaid balance lined out. It has a description of the Bronco I reserved and my reservation number on it. The sales manager and I both signed it.

 

[Headsong]

Mine's called a Pre-Order Agreement and marked as NOT AN INVOICE. So I wonder...is it binding on me? Neither one? I'm suspecting it's not enforceable as is....not an actual purchase agreement. Which makes sense, because I'm rather sure that I could tell them Never Mind and walk, with or w/o my $500. If it was an actual purchase agreement, we'd be bound by it.

 

[604Bronco]

Although it seems as if there's more and more dealer shenanigans taking place, I still think in the grand scheme of things (and number of dealerships across North America), it's still few and far between.

Maybe I'm naive, but I'd like to think most dealerships would not go back on their word/documents already provided.

I think many of us right now are hoping for the best, but also trying to plan for the worst (such as this thread). Don't lose sleep over it - Most dealerships aren't going to screw you like the very few we've read about have.

Just my 2 cents.

 

[Dragline]

A dealer can breach any signed deal (as can you), your/their recourse would be to prove actual damages in civil court. What damages do you have if you do not get to buy a vehicle at the time it comes in? None leap to mind except a loss of deposit money, which most dealers will just give back to you to make you go away. If a dealer is going to renege, you can try to prove that you were caused actual, verifiable losses because that particular vehicle was crucial to avoiding the loss. Seems a very specific and difficult hurdle to clear to my mind. Of course, you want to get with a fancy store bought lawyer to review your specific claims to see where you stand.

With a First Edition, being rare, unique, and not something they can just order up another, I think you'd have a good case to sue for specific performance.

ETA: IANAL

 

[palley6]

This is what my dealer and I set forth and signed. This came after an initial preview order, or DORA if I recall. I blocked out a lot of the text but the relevant details are visible, MSRP and no surprises when I picked it up last week. and no "Sasquath" is not a special edition

These guys were awesome to deal with if you're in the central Florida area. It was tricky to get in touch because they mainly deal commercial trucks/fleet sales but whenever I did it was first class. My trade in accounted for $32k which was on par for outside offers. We had a RSO dated much earlier that was also signed but I decided on the 28th to include my trade as DP, hence why the date is days before I picked it up.

 

[indio22]

Although it seems as if there's more and more dealer shenanigans taking place, I still think in the grand scheme of things (and number of dealerships across North America), it's still few and far between.

Maybe I'm naive, but I'd like to think most dealerships would not go back on their word/documents already provided.

I think many of us right now are hoping for the best, but also trying to plan for the worst (such as this thread). Don't lose sleep over it - Most dealerships aren't going to screw you like the very few we've read about have.

Just my 2 cents.

I feel like some of these issues, are due to customers choosing the wrong dealership. Meaning even in regular times with other vehicles, there are dealers that will try to shaft the customer or drive up the price as much as possible.

My buddy just texted me photos of a 2-door he saw for sale while driving by a dealership. The window sticker lists no ADM. Of course, maybe if he went inside and talked to a sales person, they would try to get an ADM. But overall, customers can avoid ADMs and shenanigans as was always the case, by choosing a dealership wisely.

 

[privateer35]

Here's what mine looks like. After signing the DORA, I signed this document and requested a manager's signature as well. It doesn't have any line items, but I think should cover it.

 

[tjnoffy]

I'm going to make an unapologetic plug here for the dealership where I am purchasing my OBX (due for delivery this week!) because it seems pertinent to this discussion. If @admin thinks it shouldn't be here, I get it.

Owen Ford is a small, family-owned dealership (since 1964!) with a large following in Jarratt, Virginia, along I-95, 20 miles north of the NC line, and about an hour south of Richmond. They are kind and thoughtful and so pleasant to deal with!

The co-owner and general manager, Ann Owen Dix, who happens to be my cousin, assures me that they will never add ADM to anyone's order, and never sell a vehicle you've ordered to anyone else, unless the deal falls apart (i.e. financing falls through) or there's something shady/illegal about the deal or buyer, and even then they'll try to make it work.

Ann will deliver vehicles within 100 miles of the dealership, but also makes sales to many out-of-state buyers.

Anyway, they don't have the huge advertising budget that the big, shiny dealerships in metro areas do, and their overhead is low, so they aren't passing on huge costs to their customers. And they don't have dozens of shady salespersons hungry to force you into a deal. They sell mostly to repeat customers and on word of mouth. This is an area where everyone knows each other.

I've been buying cars from them since the 1980's, and have never been disappointed. Yes, I'm family, but I can assure you that they treat everyone the same!

800-565-3063 Tell Ann that Cousin Jay sent you!

OwenFord.com

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