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What’s your opinion, is this Bronco mine?

PowPow

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Just to piss off the Bad Guys I’m tempted to make a stink and buy it for the agreed upon MSRP. I have an email from them agreeing to MSRP on my reservation. The reservation from Ford says it’s my build
I'm not entirely sure that an email is 'binding' in legal terms. If there's nothing signed, then it's just a spoken agreement, which I think? in some states constitutes a binding contract, but not all? So maybe check your state laws first.

But I'm fairly certain even though you have an email agreeing to MSRP, they can still turn around and tack on however much ADM they want. Unless you have a signed agreement on price, I still think they can stick it to you. Which by the sounds of it, they will.

So is it worth that fight? Also, keep in mind, the email may in fact be a legally binding contract, BUT that doesn't/won't stop the dealership from still adding ADM. It would then be on you to threaten legal action, and get a lawyer involved. Which costs money and time. They know you most likely won't want to invest in that fight, so they may do it anyway.

Now, with all that said. If they do in fact still sell it to you for MSRP, I'd buy it, and flip it.

HOWEVER, You also mention Sept/Oct build dates... are you sure those are still your build dates? I once had a Sept build date (oh the memories)... and now I'm Nov. So by the time you do finally get it, they might not be selling as high? But probably still will be. 🤷‍♂️

Good luck!
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Bronco4lyfe85

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Buy it, sell it. Give them the worst survey ever, that will REALLY piss them off. Those surveys are everything.
 

one800higgins

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And as you drive off the lot it is worth 30% less than you paid (instant depreciation)
Someone hasn’t been paying attention. There’s base model used Broncos selling on eBay for $50K+ right now.

Sure, those numbers will go down as more Broncos hit the road, but there’s a huuuuge difference between only making a near neutral profit and taking a 30% hit. We’re nowhere near that level and won’t be any time soon.

OP, I second the notion of buying from bad dealer and trading to good dealer when your build comes in. Good dealer will likely give you a more than fair value, then they can mark it up as they want. Both parties benefit. As someone else mentioned, taxes will be a wash on a trade versus buying 2 separate vehicles and selling one yourself.
 

Firefight911

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Firewoody19

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Buy it from the bad guys at msrp, make a deal with the good guys to buy that one or trade for yours when it gets here. The good guys will have one to sell at a mark up, you’ll be financed for the same amount, and you’ll have something to drive for a little bit.
 

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When you switch dealers, you get your 100 back on the same credit card
 

SCADABronx

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My guess is the Bad Guys are prepared to fight you and you will need to lawyer up. I'm not sure it would be worth it to me if I had another Bronco coming. However, I would at least pretend I plan to buy it and see what the Bad Guys say. Then as others already said, if they provide little resistance, trade to good guys for an amount that covers all of your costs. Having two VINs makes you the smart one in this whole thing no matter what you decide :)
 

ex_nyer

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What would you do?
[/QUOTE]

Buy it and sell it to ME !
 

R.A.N.M.J.

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I'm not entirely sure that an email is 'binding' in legal terms. If there's nothing signed, then it's just a spoken agreement, which I think? in some states constitutes a binding contract, but not all? So maybe check your state laws first.

But I'm fairly certain even though you have an email agreeing to MSRP, they can still turn around and tack on however much ADM they want. Unless you have a signed agreement on price, I still think they can stick it to you. Which by the sounds of it, they will.

So is it worth that fight? Also, keep in mind, the email may in fact be a legally binding contract, BUT that doesn't/won't stop the dealership from still adding ADM. It would then be on you to threaten legal action, and get a lawyer involved. Which costs money and time. They know you most likely won't want to invest in that fight, so they may do it anyway.

Now, with all that said. If they do in fact still sell it to you for MSRP, I'd buy it, and flip it.

HOWEVER, You also mention Sept/Oct build dates... are you sure those are still your build dates? I once had a Sept build date (oh the memories)... and now I'm Nov. So by the time you do finally get it, they might not be selling as high? But probably still will be. 🤷‍♂️

Good luck!
Emails are legally binding in all 50 states and internationally. A signature need not be on any emailed document for it to be legally binding, since the adoption of electric signatures being constituted and applied to email addresses.

It doesn't really need much to be that, either.

Here's some tips from upcounsel.com and a link to an article that was updated in July 2020: https://www.upcounsel.com/is-an-email-legally-binding
  • A contract need not be physically signed to be agreed to.
  • A contract may be created over a series of emails, not just one.
  • In some instances, a preliminary email may constitute a binding contract regardless of it referencing a future formal agreement that has yet to be agreed to.
  • Beware of creating an “implied-in-fact” contract, which may occur through industry custom and your conduct.
  • Beware of using certain terms unless you intend their meaning. “Accept,” “agreement,” and “agree” can all be viewed as binding acceptance of a contract in a court of law. The terms “preliminary negations” and “non-binding proposal” would be better substitutes if an actual contract is not intended.
  • If certain conditions are desired before entering into a contract, state them clearly. Do not create the impression of a meeting of the minds if that is not the intent.
In terms of what the OP is expressing, the email agreeing to MSRP IS definitely legally binding and civil action can be taken against the dealership if they renege on the agreement.
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