Dealer Canceling Order

[Bossing]

I'd move on instead of wasting more time and money. Get deposit back asap. Find another dealer wth a GT350 allocation. Use (hopefully refundable) deposit asap to secure it. Be excited again.

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[50 Deep]

Let it go brother. If your getting your deposit back then you haven't lost anything other than time.

 

[Weather Man]

Go get your deposit, not worth the brain damage to pursue with a lawyer.

My rule of thumb when spending a lot of money on anything is that I am damn sure gonna enjoy all aspects of spending that money (the hunt, negotiation, purchase). There is nothing "fun" about using a lawyer.

 

[Rogue]

You got out-bought - happens a lot with this car. If nothing was in writing for your deal i'm not sure what recourse you have.

 

[Zebra]

Be patient and hang in there. It will come.

And just remember those dealers charging ADM and don't buy from them when the market is the other way around.

 

[Grunholle]

I'll have to echo that moving on and filing/writing bad reviews of them might be the best course of action. If it's a non-R you're looking for, there are some and soon will be plenty of them available at MSRP.

Best to keep your eye out on the board, I've seen at least 2-3 come up in the past day.

 

[Koooter]

Dude, a consumer can cancel a order on the day of delivery say I change my mind and get his deposit back and the dealership has no recourse. Why would you think the other way around is any different. In the end it is a handshake and the new guy in charge does not want to shake your hand.

 

[superman07]

You have NO damages! What are you going to sue for?

depends on the deposit, courts dont seem to care about the time value of money. Hard to prove, harder to win. Most laws only concern themselves with absolute value so if they refunded it 100 percent they have acted in good faith.

We all know its BS but typically the law is just worried about initial / current value and not real value. Fact is that money could have been used better in place of a deposit that ultimately was returned under shady circumstances.

 

[superman07]

Get your deposit back in person and then drop a bunch of very loud F bombs on the slow walk out that lets any potential buyers in the room know how you feel.

Or if you're more passive about it, write a Yelp review, file a BBB complaint, maybe file with the dealership association in your area.

at least this.

 

[Tomster]

Your damages, as my wife the lawyer says, is the ADM difference that you would have to pay to secure another GT350. If you had a written contract, it is the responsibility for the new dealer to honor that contract. If there was no actual allotment to begin with, then that is their out. However, if they are just doing this to make more money, then you may have something to stand on.

If you had a written contract, I would recommend consulting with an attorney. Most initial consultations with an attorney are free to assess your standing. Recovery of attorney's fees vary from state to state, so again, it is definitely worth your while to get an initial consult.

Sometimes a letter from an attorney will scare the daylights out of someone. They might not feel its worth screwing with you over. Any dealer can order a car, but unless they have an allotment, it will probably never get built. Before I got too into it, first I would actually make sure they had a an allotment from Ford.

Call a reputable attorney in your area.

 

[krt22]

At a minimum you are looking at 2k+ for an attorney to write such a letter, much better off just calling it as a loss and finding another car. The ADM difference is hard to prove since not every single dealer is charging ADM and you are in no way forced to buy it from another dealer with a markup.

 

[TMully06]

I appreciate all the replies guys... Already fired the search back up to find another allocation hopefully at MSRP or a small ADM.

Not sure what will happen (waiting to get advice from my attorney... going to give some poor feedback online, BBB, etc... at a min...)... but one thing is for sure is that I need to find a new car!

 

[Tomster]

Best of luck in your search. A regular 350 shouldn't be too hard.

A suggestion, use the ford inventory locator and zoom out to 100 mile increments. Change zip code in 100 mile increments and start calling.

 

[oregongt350]

I have an interesting (and extremely aggravating situation) that came to my attention yesterday and I wanted to see if anyone out there has specific knowledge (or experience... I hope not) with a similar situation.

I ordered a 2017 GT350 (900A) from a small dealer in IL (I am going to keep names out of it at this point as I am also seeking legal counsel) at MSRP on April 23, 2016 (small dealer that does not do ADM’s). I signed an order sheet (with pricing) and gave them a deposit which they actually cashed... they gave me an order # that Deysha (Ford Service) was able to confirm was in the system on “unscheduled material hold”.

This week, on 5/23/16, the dealership was sold and at the closing they reviewed the “orders”… and it was verbally stated that “the order would be honored”… although it was not specifically written in the purchase contract… just the standard language about “normal commercial transactions” etc.
Yesterday, 5/24/16, I received a call from the dealer (new owner was running it for less than two hours) that stated that they would not be honoring my order and I needed to schedule a time to come get my deposit.

Does anyone else out there have any experience with a similar situation?... Or a good recommendation on how to approach?... I really want the car (as I ordered it… and them to honor my order)… but I don’t want to spend more in legal fee’s than I could go out and find another order for if I don’t have legal footing.

Appreciate any insight.

Probably why the dealership was sold wasn't making money, new dealer saw a opportunity to make a few bucks, simple capitalism. Keep your head up you will end up with one if you so desire, don't waste your time just move on, forgive and forget.

 

[Go Horns!]

You might be able to get a court to force the dealer to sell you the car at MSRP, but are you willing to wait two years to find out? You might get the court to award you your attorneys' fees, but are you willing to pay an attorney $100,000 before the court decides?

I am an attorney, and I had a similar thing happen to me. It is not worth the time and frustration a lawsuit entails to sue a dealer over backing out of a non-unique car. If the dealer wants to be an ass, let him. Get your money back and then give them bad reviews on every website you can find (just be honest).

And this is not legal advice, it is life advice.

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