NEW POST---WHO IS ACTUALLY GETTING ONE?????

[protraxduner]

Your damages would be if you actually found another one and paid more than your 'promised/contracted' MSRP price. Otherwise you have no damages. It would be a tough case cause anything you paid 'more' would be attributed to something else.

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[Hack]

Those are very heavy emotional damages though.

 

[1stMustang-GT500]

He can buy a lot of this with a 35K ADM ...

Yea he could buy alot with 35k ADM but i am a referral from my buddy who has bought 2 350s, 1 350R and a Raptor...i doubt 35K is worth burning 2 good customers but we will see.




(Good luck )

 

[Tim_bits]

My dealer specifically told me they never do ADM. That being said, I accept the fact that if the owners third cousin twice removed wants the allocation, I am shit out of luck.

 

[V00D00]

You wouldn't win. They can just refund your deposit.

All of these signed statements and deposits are simply a deal to make a deal, which has no significance in law. They're not contracts and they're not enforceable. The dealer simply gives you your deposit back and you have no damages and no cause of action.

Now, that isn't to say that the dealers won't keep their words. I suspect the 2021s won't have the ADM issue or at least it'll be less. This may be the only car to switch me over from my M2C.

Well, my wife is a lawyer, and she says it is a contract. However as pointed out, it comes down to damages. If they return your deposit, what are your damages?

Your damages would be if you actually found another one and paid more than your 'promised/contracted' MSRP price. Otherwise you have no damages. It would be a tough case cause anything you paid 'more' would be attributed to something else.

My situation is a bit different, and I can articulate damages, financially. Again, to what lengths and cost would i pursue it, is a different story

 

[Rothgray]

Well, my wife is a lawyer, and she says it is a contract. However as pointed out, it comes down to damages. If they return your deposit, what are your damages?

I also have a law degree, and this is exactly 100% truthful. The only stretch of an argument you could make is, that you went in assuming that you were going to pay for the car at X, the dealer backed out, and you had to find another one at a higher price. This has a small chance at holding up. The only real way to win for damages is proving loss of revenue if you used the car for business.

Vendors like Lethal Performance, CJ Pony Parts etc could use that as a case strategy, not a regular member.

This being said, I have a signed sales contract from the dealership owner, the price is not specified, it only states MSRP, plus the standard fee's. In the memo box, it states no Additional Dealer Markup.

For what it is worth, the owner of the dealer has been a personal friend of mine for over 25 years. I am fairly certain, my deal is safe, and yes, they are in the Shelby program, and have been for many years. They typically would get 3-5 GT350's, and 1-2 R's per year.

 

[ChuckXX]

I do not have a law degree but we are living now in a really nutty country and having said that I think it comes down to how the Judge interprets the law. Does the guy have a meaningful "contract" or not??? I don't think the price or loss of money has much to do with it. I think it comes down to is it a "Lawful Contract" that can or cannot be broken??? If the dealer is breaking it for no other reason than he can get MORE MONEY from sombody else then I think that is a rather weak defense. If that were the case we would have chaos everywhere.

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