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MUSTANG EXPERIENCE RUINED! Advise Please :)

Christianecoboost

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SO bit of a long story that I want to share but I am at a lose on what to do besides go to court. Please Excuse the poor grammar.

Like many of you I pre-ordered a Mustang in March, I ordered a Ecoboost Fastback Manual in Black - I wanted to be different plus a V8 wasn't viable for me I do 30000 kms a year. I've spent countless hours planning Mods this baby was going straight from the dealer to the dyno. All was well.

Until I received a phone call from a man called Dom, now Dom is the new Sales Manager at City Ford (I've never met Dom), He stated the conversation pretty normally "I see you have a Mustang Order, Do you still want the vehicle?"
Weird question I thought of course I said yes. He continued with "Well as you know there is normally $8000 profit as you know but since you worked here we will only do it for $4000 at $47,000."(Yes I worked there, If you brought/spoke to some one at City Ford Melbourne about a Mustang chances are it was me. I have since left City Ford).
I quickly dismissed dismissed Dom and told him that I would be paying what my contract of sale stated. $43,000. Yes I know pretty cheap but it was a perk of working there, my boss said it was fine it was in no way a financial lose to the business.
The conversation ended pretty quickly after that as Dom didn't seem to be aware of what my contract had stated as he mentioned that it was blank. It wasn't.

The next morning I received a phone called from Yvan, The Dealer Principle of City Ford Melbourne. Now Yvan was a tiny bit more prepared as he actually had a copy of my contract. This is where he mentions that there is a clause in my contract that states "Price subject to not running at a lose to the business". To which I mentioned that at $43,000 there is $1900 worth of money for the dealership at no way was that a "Lose to the business".
He begins to back track a little here and tries to say that I hadn't left a deposit... To which I quickly corrected him that a $500 deposit was left. He had no recorded (Good thing I keep receipts)
He ended the conversation saying that if I wasn't prepared to pay $47,000 he would cancel my order. After that I made it quite clear that I would be contacting legal advise/ VCAT and the ACCC.

Now obviously I don't want to have to do these things. It's time and more money that I don't have. So I seek assistance from Ford Australia them selves, surely they don't want Dealerships causing disruptions with the Mustang launch. At first I attempted to call Ford Customer Relations Centre. I was quickly told that this was a matter between myself and the Dealer Principle great help. I then took to the best medium I know good ole Social Media. I made two posts one to Ford USA and then one to Ford Australia:
https://www.facebook.com/FordAustra...ent_id=10154275373813747&notif_t=feed_comment

I was contacted by James at CRC, I had then explained the situation and he said he'd look into it. Couple days go past until I hear from James again. Now he states pretty much everything that was said above. But this time the price has change to $46500 (getting somewhere at least), Now Yvan's reasoning to James for the price increase was that when I had received my pricing for the Mustang the pricing had not been released yet to which I told James that pricing was released on the 27/02/2015 and I placed my order on the 03/03/2015. Now cleaver me kept a copy of the pricing break down which I read out to James and he confirmed on his end. Any way long story short alot of things that Yvan had told James conflicted with the truth. Now being in the industry I have friends at other dealerships. I had contacted one of them who is the Sales Manager at Brighton Ford. He offered to take the Mustang order at his dealership and honour the price ( Cause it's not a bad deal). I had told James of this possibility. Both Yvan and Dom stated that they would prefer me to cancel the Deal than sell it to me for what was agreed upon.

Skip forward 2 weeks of hearing nothing. I get a phone call from James basically saying that Ford Australia can/will not do anything to help. I am to pay what they ask. They other dealership does not want to do the transfer( Which was an out right lie, I called my mate and he confirmed that he still will do the transfer)

So here I am. Looking for an option that doesn't involve VCAT and the ACCC.
I know that if I go down that path it will result in the day before the court hearing me getting a phone call from City Ford telling me that they will honour the $43000. Ultimately I get the car but lose on legal fees.
Any advise of someone wiser is EXTREMELY appreciated. Here's my latest post after the phone call I received today : https://www.facebook.com/ford/posts...fset=0&total_comments=12&notif_t=feed_comment

TLDR: City Ford trying to charge me an additional $3500 from what is stated on the Contract for a Pre-ordered Mustang.
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quick duck

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basically to summarise; you made a deal with your boss, no mention of the dealer princple being involved in that decision, Ford AU are not involved in that decision, this was a perk of working where you no longer work.

So this is between your ex boss, the principle of city ford and you. A work perk which you are no longer entitled to since you don't work there.

You think $1900 profit is a lot? Since you know the process, who pays for the delivery of the vehicle to City Ford? Will you be there to drive it off the truck, detail it and get all the vehicle rego done, attach the plates? Or do you still expect City FOrd staff to do so? This is biting into your so called profit. Does this $1900 include GST or does that also drop off their profit?

You signed a contract, yes. The price given was for working there. Now they want to renegotiate the price, as you are no longer entitled to a 'staff discount' they are willing to only add about $2000 but that isnt good enough?

Sorry I don't know of one employer that allows an ex-staff to continue recieving a discount after leaving. You want the car? Pay the cost that we all pay if we don't work for the company.
 
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Christianecoboost

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Sorry I should Clarify that my boss was the Dealer Principle at the time. And the price of $43,000 isn't a "Special" Employee price it is a price that anyone can receive if they negotiate ( The Ford Employee price is not available to dealership staff only Factory Staff and its like $38000 give or take for that model ) and the $1900 is "profit" it covers the Delivery charges and all expenses.

Please remember that I have a contract of sale. I am just another customer at the moment
 

quick duck

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and to add insult to your claim - your facebook post never mentioned it was a price given for being staff. You tarnish fords and mustangs name for your own profit.
Sorry, after reading that post I am disgusted that you have not been honest on social media to drum up support leaving off the very crucial detail .. i was given a price when I was staff, now I am no longer and they want to take the staff discount away. Add in that detail and Ford Australia are the victim of slander by you!
 
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Christianecoboost

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I have not received "Employee" pricing, by all accounts I received pricing that is available to anyone.
 

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quick duck

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Please remember that I have a contract of sale. I am just another customer at the moment

You are not 'just another customer at the moment" you negotiated a staff price. you ar eno longer staff, therefore staff price should be regonogiated back to 'just another customer at the moment' price ie. full price. Yet you still complain a $5k discount isnt good enough? thats just sour grapes
 

madsedan

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Unless the contract specifically that is an employee deal that is null/void if you terminate the relationship than its a contract, period. If they have a clause in there that says they can simply change the deal or cancel it on their own, no fault to you the purchaser, than it probably says they have to give you back any deposit for doing so.

Does your friend at the other dealer need to transfer the order or can you simply get your deposit back and go get it from the other dealer?

If they are truly strong arming you to pay 10% more for the car or lose the order than they have to give you back the deposit if you don't agree to the new deal as you have done nothing wrong. Have you told them that? Are they willing to refund your deposit?
 

madsedan

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Jesus quick duck, he didn't do anything wrong here, the dealer is entirely in the wrong, do you work at this place lol.

I have heard of this type of stuff happening over the years here in the states from time to time and the dealer ALWAYS ended up matching the original deal. Happened in 2000 when the E46 M3's were coming out. Any city or states attorney's office would get a complaint, a contract is a contract.
 
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Christianecoboost

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Returning the deposit was not discussed, I assume it will not be a problem. My main concern is that I was due to receive the Mustang in November. If I was to place another order it will be over 12 months before I receive one.

Quick_Duck the price I have signed a normal contract of sale (Not an employee one which is no different to a normal one anyway). There is no such thing as a Employee deal, It's a contract of sale regardless of where I worked.
 

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madsedan

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When the new 300zx twin turbo came out in 1990 here in the states I had a friend from school with a large motorcycle wreck insurance settlement, woman rear ended him and put him in the hospital.

We went to check out the new Z car and the dealer salesman gave us a price out the door for the car. My friend asked him to write the number down on a card for his parents, the dealer was obviously not taking us seriously. But, he didn't calculate the tax, title, reg, delivery, etc. in his price when he wrote "1990 300 ZX tt $XX,XXX OTD" on the back of his card. When he went back a week later to buy it with his parents in tow they balked until his father had a lawyer contact the dealers lawyer and in one phone call the dealer had to eat it. It was considered a contract as a representative of the company verified they wrote it on the card which was official company document.
 

quick duck

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Unless the contract specifically that is an employee deal that is null/void if you terminate the relationship than its a contract, period. If they have a clause in there that says they can simply change the deal or cancel it on their own, no fault to you the purchaser, than it probably says they have to give you back any deposit for doing so.

I totally agree with this part.

My issue is: I also find it irresponsible holding Ford AU to blame when it is clearly between the dealership and you. Running Ford down as the culprit in facebook without letting others know it was a special price you negotiated as you were staff is misleading others to blame ford, not the dealership you have the issue with.

This was a staff perk as OP said, no longer staff then take it up with the dealer not Ford AU or trying to say it is anyways Fords fault.
 

madsedan

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I only paid $32k for my GT PP which was $4k under sticker and at Ford xplan/employee pricing which I am neither. Dealers are independent from the manufacturer and can sell at anything above their invoice without seeking approval from Ford Australia.
 

madsedan

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I totally agree with this part.

My issue is: I also find it irresponsible holding Ford AU to blame when it is clearly between the dealership and you. Running Ford down as the culprit in facebook without letting others know it was a special price you negotiated as you were staff is misleading others to blame ford, not the dealership you have the issue with.

This was a staff perk as OP said, no longer staff then take it up with the dealer not Ford AU or trying to say it is anyways Fords fault.
IF the contract didn't state it was a "staff perk" than its not. If it was than the dealer should have stated it in the contract and that's their problem. Again, the buyer did NOTHING wrong in this transaction and it is simply a situation where the dealer knows they can get a few grand more for the car if they sell it to someone else. They may have a customer wanting to buy it at full MSRP. That is also not the buyer's problem.

Can you find out who the legal counsel is for the dealer and contact them directly? Every dealer has some type of legal rep for contract guidance and because they get sued often lol.
 

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32K for a GT?? umm typo i hope!! lol

This is exactly my point, the issue is between OP and dealership, yet is expecting Ford AU to fix it and running Fords name into social media as the bad guy. See the following comments on his post, they all blame Ford, not the dealership.

And if the Principle agreed to it then, and now wants to change, then there really is no argument, you will will in any VCAT or other leagal means and the Principle would know this and never let it get to that stage.
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