Can a Dealership do this??? (I didn't see this coming)

pods8

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Have you informed them of your interest rate policy on deposits you provide on deals that aren't honored? They think they can just require $2000, bank it, then sell your truck out from under you for free?
 

BigBertha

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I’d be livid! In my opinion they now owe you a truck. You communicated to them clearly about your schedule conflicts so it’s not like you did nothing and expected it to be there.
 

TXSBeast

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Hmmm. Give you props for keeping the emotions under control. However, you were hung up on the $10K hit on trade and will now have to wait for a '23, with a higher MSRP, possibly pay full MSRP and ADM but not willing to explore legal damages with the dealership which otherwise you will hopefully never deal with again.

Also, the lifetime warranty likely has dealership maintenance requirements that have to be performed by the dealership (many times including oil changes) to remain in effect. You said you were out of state so there is a high probability the LTW would not be honored unless they gave you a warranty that can be used at qualified service centers like a Ford Protect ESP or aftermarket warranty.

Thanks for finally naming the dealership so members can decide if this dealer is worth doing business with.
 

deezel-gitur

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In reality there’s not much you can do but I for sure would open a complaint case with ford and blast the shit out of them wherever and whenever possible, that is a complete scumbag move to sell something out from under somebody especially with the deposit down and the insane wait times. The only thing that is confusing me is did you let that truck sit there for 3 weeks and were they communicating with you was there any reason that they would think you were backing out
This.

Open a ford complain thread.

Also, Google reviews. Tell exactly what happened, be factual and non-emotional. Other buyers will see this and objective statements of dishonesty hit harder in the long run than emotional comments.

“I ordered a vehicle from them and after waiting 6 months, communicating with the staff regularly, my $2000 deposit was returned to me without prior notice and they instead sold my vehicle to another customer without permission. When I did hear from the salesman, I was informed it was a senior management decision”.

Is better than:

“these fuckers sold a vehicle I ORDERED right out from under me and then didn’t even have the balls the call me and tell me before they did it!!!”
 

Trem21

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Sorry to hear about your situation...
When a dealer calls to say your ordered vehicle
has arrived, your response should always be
when can I pick it up.

When you responded that you needed some time
to sell your truck first before you could finish the deal
was telling them that you
were not sure when or if you were coming to to pick it up.

You should have immediately picked up your new Truck
and sold your old truck afterwards and never told the dealer
you had to wait to sell your old truck.

The dealer is not going to hold the ordered vehicle for you
or wait for you to sell your vehicle especially in this climate
when F250 Tremors are selling for above MSRP.
 

SalukiRPS

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We just had a negative experience and review with them a couple weeks ago. Tried to look at some Raptors. Sales guy didn’t respond until we were already past them on the way home. Convinced us to turn around. Then the manager said once of the Dahles has that truck and won’t be bringing it by today, who told us they would. Now they won’t stop calling despite requests to end it.
 

JoWeHo

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Just an idea if anyone ever gets in another situation that delays them from going to dealer immediately.

In the last 15 years, I’ve not visited a dealership to sign paperwork. Sales people either mailed, e-signed or hand delivered contracts.
I’ve bought dozens of trucks and vans while out of the country or on vacation.
Paperwork can be done offsite and the dealer still has to cover any issues discovered on actual delivery.
 

JoWeHo

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in todays climate they would also probably appreciate having “lot candy” on hand to attract customers as well.
 

TXSBeast

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Just an idea if anyone ever gets in another situation that delays them from going to dealer immediately.

In the last 15 years, I’ve not visited a dealership to sign paperwork. Sales people either mailed, e-signed or hand delivered contracts.
I’ve bought dozens of trucks and vans while out of the country or on vacation.
Paperwork can be done offsite and the dealer still has to cover any issues discovered on actual delivery.
Same. Bought a new Shelby GT350 from an out of state dealer in Illinois. Entire purchase over the phone and through email. Had the car shipped without ever visiting the dealer. Best of all the car was delivered to my home and I never had to go to the stealership.
 

2020Tremor

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Sorry to hear about your situation...
When a dealer calls to say your ordered vehicle
has arrived, your response should always be
when can I pick it up.

When you responded that you needed some time
to sell your truck first before you could finish the deal
was telling them that you
were not sure when or if you were coming to to pick it up.

You should have immediately picked up your new Truck
and sold your old truck afterwards and never told the dealer
you had to wait to sell your old truck.

The dealer is not going to hold the ordered vehicle for you
or wait for you to sell your vehicle especially in this climate
when F250 Tremors are selling for above MSRP.
I agree that sating needing more time to sell current rig probably was not the best thing to say but in my mind the bigger issue is the dealer at that point should notified the op that if it isn’t picked up in a specific timeframe then they will sell it to someone else.

In my opinion it was mega scumbag thing on the dealers part to sell it and not tell the op until weeks later. Makes me mad just thinking about it, I would not be handling it as well as the op is.
 

Parksoffroad

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I agree with the others, your handling it very well considering how long you waited for the truck.

Me personally? I would call the GM at the dealership and let them know that you want X amount of dollars for the difference in pricing for what you had ordered and what its going to cost to re-order today. If they say no, I would very politely let them know you would be filing a complaint with Ford, and that you talked to a attorney who said they would be willing to help you with the breach of your contract. I would follow up with a certified letter to the same conversation, saying that you were giving them one last chance and doing your due diligence before pursuing legal action against them. I would also make sure to point out that you were away for military service at the time, they knew that, and that provides you certain legal protections as well. Let them figure out if its real or not, it sounds good! Regardless of if you pursue legal action, it will give them something to think about.

I would also write a nice review for the dealership politely stating the facts that you ordered a truck and they took a deposit to secure the order and then after 8 months they sold it out from under you to make a quick buck. I would make sure you mention that you would have picked it up right away but again you were away for military service, this will make a very stinging review. You can copy and paste that review to every dealer review site you can find and be a thorn in their side.
 

rjacobs

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If they say no, I would very politely let them know you would be filing a complaint with Ford, and that you talked to a attorney who said they would be willing to help you with the breach of your contract. I would follow up with a certified letter to the same conversation, saying that you were giving them one last chance and doing your due diligence before pursuing legal action against them. I would also make sure to point out that you were away for military service at the time, they knew that, and that provides you certain legal protections as well. Let them figure out if its real or not, it sounds good! Regardless of if you pursue legal action, it will give them something to think about.

I dont disagree with your train of thought... BUT BUT BUT

The second you(the OP in this case) mentions "ive talked to a lawyer and am looking at pursuing a legal remedy" NOBODY from that dealership will speak to you anymore EXCEPT their attorney to you/your attorney. That is a FACT. They are DONE.

So before the OP spouts off to the dealership about retaining counsel, he should IN FACT retain counsel who is ready to pursue any legal avenue for the OP. Otherwise STFU about legal counsel to any dealership emplyee...

I learned that a few years ago when I had to do a lemon law case and I had in fact retained counsel...who told me "go to the dealer and get a FULL print out of every document the service department has on your car, but DO NOT tell them you are pursuing a legal remedy because then they wont give them to you and I will have to charge you 1 hour of my time to get them"... He told me as soon as "lawyer" is mentioned their modus operandi is to shut the fuck up...
 

Parksoffroad

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I dont disagree with your train of thought... BUT BUT BUT

The second you(the OP in this case) mentions "ive talked to a lawyer and am looking at pursuing a legal remedy" NOBODY from that dealership will speak to you anymore EXCEPT their attorney to you/your attorney. That is a FACT. They are DONE.

So before the OP spouts off to the dealership about retaining counsel, he should IN FACT retain counsel who is ready to pursue any legal avenue for the OP. Otherwise STFU about legal counsel to any dealership emplyee...

I learned that a few years ago when I had to do a lemon law case and I had in fact retained counsel...who told me "go to the dealer and get a FULL print out of every document the service department has on your car, but DO NOT tell them you are pursuing a legal remedy because then they wont give them to you and I will have to charge you 1 hour of my time to get them"... He told me as soon as "lawyer" is mentioned their modus operandi is to shut the fuck up...
Yes, I know they will do this, but at that point if you going to move forward or not your in the same place, they are useless so nothing lost. Same with the letter, it makes it seem like your more serious than you might be, so might help them compromise.
 

rjacobs

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Yes, I know they will do this, but at that point if you going to move forward or not your in the same place, they are useless so nothing lost. Same with the letter, it makes it seem like your more serious than you might be, so might help them compromise.

The end of your post basically sounded to me like "write this letter, even if you are bluffing"... Im simply saying "do not bluff" if you are going to use the "ive been talking to an attorney" card.
 

Modman

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The end of your post basically sounded to me like "write this letter, even if you are bluffing"... Im simply saying "do not bluff" if you are going to use the "ive been talking to an attorney" card.
Yeah, if you are going to do it, do it. Retain counsel, have them issue a letter to the dealer or just file suit. Probably the best that can be hoped for is to settle early. They won't do anything otherwise other than force you to call your bluff. Only the OP can decide if it is worth it to him at this point. The reality is it will cost time, money, and stress to go this route. The lawyers of the forum can probably expound on the legal definitions but I don't think lost opportunity would be treated the same as incurred damages. It's a crappy situation, no debate, but no actual damages.
 

2020Tremor

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Yeah, if you are going to do it, do it. Retain counsel, have them issue a letter to the dealer or just file suit. Probably the best that can be hoped for is to settle early. They won't do anything otherwise other than force you to call your bluff. Only the OP can decide if it is worth it to him at this point. The reality is it will cost time, money, and stress to go this route. The lawyers of the forum can probably expound on the legal definitions but I don't think lost opportunity would be treated the same as incurred damages. It's a crappy situation, no debate, but no actual damages.
In my experience having to retain counsel is going to cost more than the potential gains. Unless you have a connection a good attorney isn’t cheap. The dealer is most likely going to know that and not respond to lawsuit threat letters from a attorney, you will likely have to file a lawsuit if going that route. Not something I would want to have to go through but to each their own.

Personally would file a complaint with the states consumer protection agency. Unfortunately what done is done but there may still be some recourse that shouldn’t cost any money and possibly hold the dealer accountable for what they pulled beyond reporting to Ford.
 

pods8

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If it was earlier in the process I read on a different forum where a dealer did this someone wondered about filing a suit with an injunction on that VIN vehicle assigned to the person that placed the order to prevent the dealer from being able to proceed with the title transfer to the other buyer until it was resolved, name ford corporate in the suit as well. End of the day may not do anything for the original buyer but the dealership sure would catch alot of heat from corporate if they have to engage their lawyers for some BS move the dealer pulled.

Either need a buddy lawyer or "feck you" money to try that move.
 

Trem21

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I agree that sating needing more time to sell current rig probably was not the best thing to say but in my mind the bigger issue is the dealer at that point should notified the op that if it isn’t picked up in a specific timeframe then they will sell it to someone else.

In my opinion it was mega scumbag thing on the dealers part to sell it and not tell the op until weeks later. Makes me mad just thinking about it, I would not be handling it as well as the op is.
I used to work for a dealership over 25 years ago and here are the stats.
Ordered vehicles that are ordered over 5 months prior only 80% are
actually delivered to the person that placed the order and every month
that goes by after that the percentage declines even faster.

The reason is peoples situations change.

When an ordered vehicle arrives, the salesman is informed and the sales
manager asks him what time is your customer picking it up.

In your case, you were notified the vehicle arrived and instead of telling them what time
you were picking it up or attempting to take delivery you told them you had to wait to
sell your other vehicle first.

...WRONG Answer...

To them they already know a vehicle ordered 9 months ago there is a very
good chance you have changed your mind because most people
that order vehicles are ready to make the purchase immediately when it arrives and
you had 9 months to plan which is more than enough time.

I ordered 2 vehicles in 2021....an F250 Tremor and a Jeep Rubicon
I arranged my own financing months before they arrived and I
followed each one thru the build process and knew the date they were shipped
and was in contact with the Dealer every few days until they arrived.
I assume most people do that after ordering a vehicle.

I do not believe you have any recourse at all because they called and told you
that your vehicle had arrived and asked when will you be picking it up.

The dealer did what any other Dealer would do, they notified you of
its arrival and you failed to make any attempt to take delivery.

Dealers are not going to sit on an ordered vehicle hoping or wondering
whether the person that ordered it is going to buy it or not. The customer is
notified and if they do not attempt to close the deal the Dealer will sell it to
someone else.
 

Busa Dave

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In my experience having to retain counsel is going to cost more than the potential gains. Unless you have a connection a good attorney isn’t cheap. The dealer is most likely going to know that and not respond to lawsuit threat letters from a attorney, you will likely have to file a lawsuit if going that route. Not something I would want to have to go through but to each their own.

Personally would file a complaint with the states consumer protection agency. Unfortunately what done is done but there may still be some recourse that shouldn’t cost any money and possibly hold the dealer accountable for what they pulled beyond reporting to Ford.
LOL with everything that has been posted about this to spend money to retain Counsel is a waste of time and money. Unfortunately I have been in litigation as part of my job in the past and in the oil patch even currently. This is a no win situation for the OP his only hope is to get help from Ford as a courtesy.
 

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