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Dealer sold my custom ordered Maverick to someone else, they never called me when it arrived.

Bbot

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Yes! VIN number and everything! Tracked all the way through delivery! This is the dealers response:

AutoFair Ford in Manchester
Craig, we can certainly understand your frustration with the extended wait times of the Mavericks. Custom vehicle ordering has changed the way we do business and we are trying very hard to become the leader in New Hampshire. I will be reviewing your experience with our team in our next weekly huddle to learn and grow. Thank you for bringing this to our attention- Adam Schreffler, Sales Manager
Since you have a VIN number I would call the dealer and request an appointment with the GM. In the meeting if a vehicle is not presented
you have two choices… 1. Call a lawyer or 2. Report it a Stolen to the Local Police.As it was your order as a Special Order Green Order Sheet it was clearly Vehicle Destined for you.
If you still want it they Stole your Truck… Fight Them!
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Maverich

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(irrelevant) I lived in Bow for a short time, on Colby Lane! Can't believe they have a car dealership.
I think it's still at the 89/93 junction, so technically Bow but basically Concord.
 
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cdsmith379

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Thanks all again. So frustrating seeing all the "Custom Order Your Ford" commercials. Well I did, and I got nothing after waiting so long. I really shouldn't have to be a lawyer to order a vehicle. Ford is getting a piece of my mind right now.
 

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That's a DORA, not the same as a purchase agreement. Basically this gets the dealer in trouble with ford. It doesn't legally bind the dealer to sell the vehicle to you IIRC but IANAL.
To a degree I disagree.
1. Your signature declares you expect them to enter this order into their "order bank" (see bottom of document).
2. When (if) they did, you receive an email from Ford saying "Your Order Has Been Confirmed."
3. If no email was received the "Ford Vehicle Tracking" you gave a screen shot of shows when the order was submitted.
4. This indicates the dealer was to receive your Maverick as Retail.
5. But they may not have.
6. This matters not for you have a "GOOD FAITH" agreement and if the dealer and/or Ford screwed up they are up s- - t creek with no paddle in deep doodoo!
7. Armed with all this evidence demand it be made right by producing what you ordered and until then supply you with a brand new pickup to drive with no milage limitations free of charge.
8. If they balk, tell them fire and brimstone will come down on them in the form of TV, Radio, Legal, etc.
 
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Weekly huddle. Oh, yes it’s football season. They will probably be laughing all the way to the goal line.

I’m sure they will learn and grow, how to do the same to other customers.

His response is not acceptable.

Yes! VIN number and everything! Tracked all the way through delivery! This is the dealers response:

AutoFair Ford in Manchester
Craig, we can certainly understand your frustration with the extended wait times of the Mavericks. Custom vehicle ordering has changed the way we do business and we are trying very hard to become the leader in New Hampshire. I will be reviewing your experience with our team in our next weekly huddle to learn and grow. Thank you for bringing this to our attention- Adam Schreffler, Sales Manager
 

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DryHeat

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IMO, they set up a separate company so if the EV side flames out do to all the rosy projections and impossible to meet deadlines for a robust charging network and updated power grids to support full transition to electric vehicles not panning out- they can shutdown the EV side and declare it bankrupt without tanking the whole company.
I think it's more likely that they set up a separate company to get around state laws that would otherwise force them to sell the EVs through their existing dealerships.

(As well as to allow each company to focus on its core business.)
6. This matters not for you have a "GOOD FAITH" agreement and if the dealer and/or Ford screwed up they are up s- - t creek with no paddle in deep doodoo!
I see that you are fairly new on the forum, but if you search you'll find that this issue (whether a DORA signed only by the customer is an enforceable contract) has been discussed to death over the last year or so. Try searching terms like "buyer's order" for more info.

(Short version: It's not an enforceable contract.)
 

WaitingHaulDogs

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I would be raising hell, including going down and talking to the sales manager in person and requesting the general manager sit in on the meeting. I would also be letting them know, again, in person, that I will be reporting this to the attorney general of the state and ford corporate.
I would show up every day talking extremely loud and informing everyone in the building what kind of a bullshit dealership they are!
 

WaitingHaulDogs

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I think it's more likely that they set up a separate company to get around state laws that would otherwise force them to sell the EVs through their existing dealerships.

(As well as to allow each company to focus on its core business.)

I see that you are fairly new on the forum, but if you search you'll find that this issue (whether a DORA signed only by the customer is an enforceable contract) has been discussed to death over the last year or so. Try searching terms like "buyer's order" for more info.

(Short version: It's not an enforceable contract.)
Still bullshit
 
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Dudley

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(Short version: It's not an enforceable contract.)
So you are saying that the piece of paper provided by Ford Motor Company that has on it a Dealerships name and Sales Code that orders and has built Ford Motor Company vehicles that has on it the name of the Dealership Rep (I would bet this would be called their "electronic signature") on which he or she assigned an order code specific to me that has on it what I desired for them to order from Ford Motor Company on my behalf and what it will cost me to get that vehicle that I then HAD to sign so that with BOTH signatures they can legally. enter it into the Ford Motor Company order bank and because of this Ford Motor Company sends me, not the dealership, an email that says YOUR (not the dealerships) 2022 MAVERICK XLT ORDER and YOUR (not the dealerships) ORDER HAS BEEN CONFIRMED and A SUMMARY OF YOUR (not the dealerships) ORDER IS OUTLINED BELOW and finally THANK YOU AGAIN FOR YOUR (not the dealerships) ORDER ... is not an enforceable contract?

I completely disagree and I bet a judge would say the same: "Dealer rep, is this your name? Is this the dealership you represent? is this your dealerships sales code? Did you agree to order and did order this vehicle for the person once they sign it? (yes to all)."
"You are obligated, dealer rep and dealership and you failed in your obligation. I find in favor of the customer."

BTW, my being somewhat of a new guy on mavericktruckclub does not enter into this at all for I have been a member of [banned site].com since February and have been involved in other discussions about this same issue.
 
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Dudley

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Remember you put a deposit on the truck !
Yep! They took some of my money! They ARE obligated!!! Actually, in our case it was our main car that has, since December 3, left us a one car family!!!!
 

gte105u

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DORA is a contract. Contracts don't have to be signed by both parties to be enforced. It helps, but if a seller produces it and that is verifiable (and DORA is) and signed by customer it is a legal contract. No if, ands, or buts.

The questions are numerous from there though, such as terms and conditions, OTD price, damages, means to enforce, etc. So the issue is not if you have a contract with the dealer for them to order you a vehicle (you do), it's that there are no teeth if they then sell it to someone else. Also it doesn't stop them adding a big fee, low ball a trade in, jack around your interest rate, etc.

There is no great way to quantify your damages for a lawsuit on them not honoring DORA. You can do small claims for the deposit and ask for some punitive as well, but they'll probably refund before you get there and you won't have much grounds left. You can't force them to give you a free lease for 10 months. You can't call the police.

But in different times, try that "it's not a contract" thing with a dealer and DORA and the vehicle just sits on the lot. I assure you the dealer would come after you with threats on your credit report, law suits, etc. DORA is a contract, just that the juice isn't worth the squeeze for the buyer.
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