Scumbag move by Crain Ford Jacksonville Arkansas

[Ford Motor Company]

If you custom order a Ford vehicle and want to pay MSRP, please do NOT use this dealer. You've been warned!

This is my experience with this dealer. I just want to get the truth out about my experience.

After reading tons of websites and forums I decided to order a Maverick. In August 2021 I went on Ford's Maverick configuration website and ordered a Maverick Lariat Lux Hybrid. The MSRP was 31k. I'm new to my area and randomly selected a dealership close by.
I went to the dealership and asked 2 questions based on my research and reports on Bronco markups.

1. Are you guys going to charge a deposit on my order? The sales manager said, "No".
2. Are you guys going to sell me the Maverick at MSRP? The same sales manager said, "Yes, we will add a dock fee less than 200 bucks".

They copied my DL and I signed paperwork. I was not given a copy. Months later I realized this could be a mistake.

Months went by while I patiently read about deliveries and dealer experiences on the Maverick Chat forums. I also read about Ford's disappointment with dealerships marking up custom orders like mine. I also learned many dealerships are indeed selling Mavericks and Broncos at MSRP. I even learned about Smart Vincent, a dealer tool to see what promos were available during the order process.

Months go by..

My sales person texted me that my Maverick had arrived at the dealership. I told them I was closing on a house in around 5 business days and I was buying it for sure!

I got a text back, "no problem we'll keep it in the showroom til then".

The next day I get a text that the GM was adding 5000 dollars to my vehicle. I mentioned that I was told the vehicle would be sold to me at MSRP. They said that's a decision coming from the GM.

Based on what I had seen on YouTube videos and the Maverick Chat site I called the Ford complaint line several times.

Responses ranged from, "The dealers can do what they want. " to "Ford is penalizing dealerships if they charge over MSRP on custom orders by reducing allocations."

One person on the complaint line even said,"Because of franchise law Ford is limited on what they can do." They mentioned, "try talking to the GM at the dealer".

So that's what I did.

After arriving at the dealership. (haven't closed on my house yet) I politely asked to speak with the GM. My salesperson escorted me to the GMs office and told the GM, "I was just letting the customer know we are adding a market adjustment of 5000 dollars to his Maverick. The GM said and I quote," No, the markup 7500"!

After waiting 8 months only to get sucker punched by the dealership.

Trying to keep my cool I stepped into the GMs office.

I told my story as above, and about the 2 questions I asked.

The GM responded, "We instruct all of our sales people that we don't sell any custom orders at MSRP. If you don't buy it we will sell it for 10 thousand over MSRP."

My response, "Is it possible that my order went in before your instructions to you sales team?" This was 8 months ago.

I also mentioned the recent communication from Ford to dealerships about charging over MSRP on custom orders.

Long story short. He wouldn't budge from 7500 over MSRP until I showed him my text from the sales manager the day before that showed the 5000 markup.

Why am I negotiating a 5k markup?

After closing on my house I ended the truck with the 5000 dollar markup.
Gues what happens next they try to sell it to me at 4.9 percent interest. I had to insist they look it up on Smart Vincent and only then they gave me the 1.9 interest that was on Ford's website when I configured my truck.

Can't wait for the Ford survey.

I've got 5 thousand reasons to expose this dealership and warn others.

Please repost my story.

Love the truck, hate my deal.

Hi there, Rohaas! Could you please send us a private message with your VIN and dealership information? I would like to look into these markup concerns for you on my end. Thanks!

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[Charles Harshaw]

If you custom order a Ford vehicle and want to pay MSRP, please do NOT use this dealer. You've been warned!

This is my experience with this dealer. I just want to get the truth out about my experience.

After reading tons of websites and forums I decided to order a Maverick. In August 2021 I went on Ford's Maverick configuration website and ordered a Maverick Lariat Lux Hybrid. The MSRP was 31k. I'm new to my area and randomly selected a dealership close by.
I went to the dealership and asked 2 questions based on my research and reports on Bronco markups.

1. Are you guys going to charge a deposit on my order? The sales manager said, "No".
2. Are you guys going to sell me the Maverick at MSRP? The same sales manager said, "Yes, we will add a dock fee less than 200 bucks".

They copied my DL and I signed paperwork. I was not given a copy. Months later I realized this could be a mistake.

Months went by while I patiently read about deliveries and dealer experiences on the Maverick Chat forums. I also read about Ford's disappointment with dealerships marking up custom orders like mine. I also learned many dealerships are indeed selling Mavericks and Broncos at MSRP. I even learned about Smart Vincent, a dealer tool to see what promos were available during the order process.

Months go by..

My sales person texted me that my Maverick had arrived at the dealership. I told them I was closing on a house in around 5 business days and I was buying it for sure!

I got a text back, "no problem we'll keep it in the showroom til then".

The next day I get a text that the GM was adding 5000 dollars to my vehicle. I mentioned that I was told the vehicle would be sold to me at MSRP. They said that's a decision coming from the GM.

Based on what I had seen on YouTube videos and the Maverick Chat site I called the Ford complaint line several times.

Responses ranged from, "The dealers can do what they want. " to "Ford is penalizing dealerships if they charge over MSRP on custom orders by reducing allocations."

One person on the complaint line even said,"Because of franchise law Ford is limited on what they can do." They mentioned, "try talking to the GM at the dealer".

So that's what I did.

After arriving at the dealership. (haven't closed on my house yet) I politely asked to speak with the GM. My salesperson escorted me to the GMs office and told the GM, "I was just letting the customer know we are adding a market adjustment of 5000 dollars to his Maverick. The GM said and I quote," No, the markup 7500"!

After waiting 8 months only to get sucker punched by the dealership.

Trying to keep my cool I stepped into the GMs office.

I told my story as above, and about the 2 questions I asked.

The GM responded, "We instruct all of our sales people that we don't sell any custom orders at MSRP. If you don't buy it we will sell it for 10 thousand over MSRP."

My response, "Is it possible that my order went in before your instructions to you sales team?" This was 8 months ago.

I also mentioned the recent communication from Ford to dealerships about charging over MSRP on custom orders.

Long story short. He wouldn't budge from 7500 over MSRP until I showed him my text from the sales manager the day before that showed the 5000 markup.

Why am I negotiating a 5k markup?

After closing on my house I ended the truck with the 5000 dollar markup.
Gues what happens next they try to sell it to me at 4.9 percent interest. I had to insist they look it up on Smart Vincent and only then they gave me the 1.9 interest that was on Ford's website when I configured my truck.

Can't wait for the Ford survey.

I've got 5 thousand reasons to expose this dealership and warn others.

Please repost my story.

Love the truck, hate my deal.

I too have been short changed by Crain Ford, but by Crain Ford in Little Rock. I ordered my Ford Maverick July 27th 2021 and I have not heard a word since, I even offered to pay half down but they would not accept it now I know why. This is bait and switch and I will be forwarding this on to the State Attorney General (this is an election year, maybe something will get done).

 

[boe757]

I was just waiting for another fan of Lehto to post here.

One problem with Lehto's vid today: that's for _advertised_ price not being OTD price. This thread's gripe is that the markup is already being advertised, so I don't think the Maryland case will help.

Here's Lehto on markups _after_ ordering, so the real problem for Mavs, but it isn't good news:

true enough, I posted a couple different videos in General in the past month, slightly different take on the issue, I believe it's going to filter through the automotive dealerships. Money is the issue It's difficult for dealers to watch $5 - 10 thousand dollars drive off the lot. Will change back to MSRP somewhere in the future

 

[skyhawk]

These boots were made for walkin'

 

[DryHeat]

* * *
A dealer telling a judge that the price on the Order Form means nothing would not set a good precedent, he would probably get reprimanded pretty hard and accused of a fraudulent business practice. My bet is the dealer will not want to face a judge and will refund you prior to the court date.
* * *
As a comparison, the price on one page Purchase Orders that businesses use to order everything from office supplies to vehicles would then mean nothing. Or the driver delivering your Amazon order can tell you he will not leave your package because, sorry, demand went up yesterday and he has to collect $500 more.

As ridiculous as these examples sound, it is really no different than Ford or a dealer not honoring a price they offered which you accepted with your signature on the Order Form.

@Rohaas,

@James D made pretty much these same claims in a different thread last month (some of them word-for-word). I explained to him why his examples weren't persuasive in a follow-up post, but he never responded or attempted to defend them. You might want to check that out.

Before you rely on his belief that a judge would enforce the Order Form, or that the Order Form is like a PO (which has to be accepted to form a contract, BTW), or that an Amazon delivery driver is legally similar to an automobile dealership, I suggest that you look into this a bit more. It's complicated.

Maybe you could ask @James D to show you some examples where a car buyer with nothing but a self-signed Order Form has been able to convince a court that he has an enforceable contract. This problem is occurring everywhere so, if he's right, there should be plenty of examples for him to choose from. (Personally, I would be very happy if he is able to do that because I think this is a despicable way to do business.)

 

[PDX Mavrix]

@Rohaas,


Before you rely on his belief that a judge would enforce the Order Form, or that the Order Form is like a PO (which has to be accepted to form a contract, BTW), or that an Amazon delivery driver is legally similar to an automobile dealership, I suggest that you look into this a bit more. It's complicated.

I'm a "part time" state court judge and arbitrator and I've been interested in seeing these various issues and wonder how the arguments and facts would play out in a hearing. I have my opinions on how it would be framed, but not necessarily the result.

I have my purchase scheduled for today, so I guess I'll find out for myself how the dealer decides to handle the order.

 

[DryHeat]

I'm a "part time" state court judge and arbitrator and I've been interested in seeing these various issues and wonder how the arguments and facts would play out in a hearing. I have my opinions on how it would be framed, but not necessarily the result.

I have my purchase scheduled for today, so I guess I'll find out for myself how the dealer decides to handle the order.

I hope your deal goes the way you want it to. Seeing people mistreated this way is sad.

As for how these issues would play out, I think it's going to vary a lot from case to case (and place to place). First, because these cases seem significantly fact-bound -- different written and oral statements made, possible deposits paid, different forms signed and unsigned, etc. Second, because different jurisdictions have different state consumer protection laws.

Personally, I don't have much hope for these cases as contract claims unless the plaintiff can prove something more than the self-signed order form. However, I really hope that plaintiffs are able to shoehorn this into one of the recognized forms of consumer fraud/deceptive trade practice that sometimes carry the possibility of attorney fees and treble damages.

Do you see contract or tort/statutory claims as more likely to result in success here?

 

[PDX Mavrix]

I hope your deal goes the way you want it to. Seeing people mistreated this way is sad.

As for how these issues would play out, I think it's going to vary a lot from case to case (and place to place). First, because these cases seem significantly fact-bound -- different written and oral statements made, possible deposits paid, different forms signed and unsigned, etc. Second, because different jurisdictions have different state consumer protection laws.

Personally, I don't have much hope for these cases as contract claims unless the plaintiff can prove something more than the self-signed order form. However, I really hope that plaintiffs are able to shoehorn this into one of the recognized forms of consumer fraud/deceptive trade practice that sometimes carry the possibility of attorney fees and treble damages.

Do you see contract or tort/statutory claims as more likely to result in success here?

My purchase went as smooth as could be. No problems with mark-up, price protection or original finance rates. Only issue was they wouldn't let me max out the ford card on the down payment.

Consumer protection laws vary massively from state to state and most are fairly generous when it comes to dealers. They know how to lobby.

Contract law is not my specialty, so I keep an open mind to the facts and law cited by the parties. The fraud and quasi contract claims are so heavily dependent on facts like reasonable and detrimental reliance, that no two cases would be the same. As you pointed out, if there were oral agreements or emails promising certain events, it may change the analysis. That said, I wouldn't like the odds of someone trying to enforce a reservation as a contract without mutual agreement and certainty on the important terms.

 

[vap0rtranz]

Consumer protection laws vary massively from state to state and most are fairly generous when it comes to dealers. They know how to lobby.

That said, I wouldn't like the odds of someone trying to enforce a reservation as a contract without mutual agreement and certainty on the important terms.

Thx for confirming both points. That's Lehto's take as well.

Consumers aren't often protected by law so I say use our wallets. Some continue to pay markup, and they've defended the purchase as "needed the car", but without boycott or lawsuit, dealers will do business as usual.

 

[James D]

My purchase went as smooth as could be. No problems with mark-up, price protection or original finance rates. Only issue was they wouldn't let me max out the ford card on the down payment.

Consumer protection laws vary massively from state to state and most are fairly generous when it comes to dealers. They know how to lobby.

Contract law is not my specialty, so I keep an open mind to the facts and law cited by the parties. The fraud and quasi contract claims are so heavily dependent on facts like reasonable and detrimental reliance, that no two cases would be the same. As you pointed out, if there were oral agreements or emails promising certain events, it may change the analysis. That said, I wouldn't like the odds of someone trying to enforce a reservation as a contract without mutual agreement and certainty on the important terms.

The order form does not say it is a reservation. It says Order Summary at the very top. Just like a Purchase Order, I cannot imagine a jude saying the price on a unsigned company PO means nothing.

As you know being a judge, a contract is formed by offer and acceptance, which can even be verbal. Check with other judges and your atty but IMO basic business law tells me the dealer's order form (Offer) + your signature (Acceptance) = Contract.

 

[eddiejsw]

Hi there, Rohaas! Could you please send us a private message with your VIN and dealership information? I would like to look into these markup concerns for you on my end. Thanks!

@Ford Motor Company Please also look at Titus Will Ford in Tacoma thread for a customer who says they had a custom ordered vehicle that was sold to someone else. This somehow has got to stop.

 

[ARKMav]

Dealerships in Arkansas suck. This is exactly why I walked away from my order at McLarty Ford in NLR. I got a really bad feeling about it when they refused to discuss pricing with me when I placed my order. Their response was "we can't discuss pricing until you go to finance and that doesn't happen until your truck arrives". They refused to give me any more than a verbal promise that they would only charge MSRP. Ended up ordering from Chapman with their 4% below invoice deal instead. I had a hell of a time buying my ST from Crain also, I doubt I'll ever buy a vehicle from a dealer in Arkansas again.

I basically did the same thing. Ordered from Granger at $3000 under MSRP because I knew I could trust them.

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