Airbag Recall Class Action Suit being considered

[dhvgb1]

https://www.classaction.org/ford-maverick-airbag-lawsuits

My Lariat built 7/6/22 was shipped to dealer and scheduled for delivery to me Oct. 18. After I signed all the papers and was about to drive away, I was stopped by the Sales Manager and informed that because of a "Stop Order" from NHTSA on my vehicle, I could not drive it off the lot. Signed documents notwithstanding. I was told that sometime during the first quarter of 2023 I may be able to have my Maverick.

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[Rockingchair]

Contact your dealer. To my understanding the airbags are either available for install on Mavericks on a delivery hold or will be released very shortly.

 

[Hot Runr Guy]

Has the title transfer taken place, or could the dealer still sell it out from under you? They may be trying to frustrate you so you walk away from it.

HRG

 

[Darnon]

Ah, the ambulance chasers smelled blood in the water.

 

[OrangeBlue]

DELETED because dealer did nothing wrong and OP was just venting.

My Lariat built 7/6/22 was shipped to dealer and scheduled for delivery to me Oct. 18. After I signed all the papers and was about to drive away, I was stopped by the Sales Manager and informed that because of a "Stop Order" from NHTSA on my vehicle, I could not drive it off the lot. Signed documents notwithstanding. I was told that sometime during the first quarter of 2023 I may be able to have my Maverick.

 

[Darnon]

IANAL, but:

Legal contracts to buy/sell are based on a very simple concept. That is called consideration.
Consideration is the benefit that each party gets from the contractual deal. In this case, dealer gets your money, you get the Maverick. But you didn't get the Maverick.

Ownership of a car gives you rights. The right to drive it, loan it out, sell it. You can't do any of those things according to your dealer.

Except there's one huge wrinkle in your argument: Federal law says that vehicle couldn't be sold.

 

[B2000]

If you paid for it they should refund your money until you get your truck or you decide to walk away. The dealer can't let you take it once the safety notice is out there so they don't have any options. If it sits outside for months I can see that you might not want it but a lot of cars bought off the lot have sat outside for months.

If this goes to a class action you will get an oil change and the attorneys will get tens of thousands of dollars. It won't be a huge number of consumers.

 

[ShadowBlack XL440]

https://www.classaction.org/ford-maverick-airbag-lawsuits

My Lariat built 7/6/22 was shipped to dealer and scheduled for delivery to me Oct. 18. After I signed all the papers and was about to drive away, I was stopped by the Sales Manager and informed that because of a "Stop Order" from NHTSA on my vehicle, I could not drive it off the lot. Signed documents notwithstanding. I was told that sometime during the first quarter of 2023 I may be able to have my Maverick.

That makes no sense considering I have been driving my XL EB since 4/2022 with the same recalled airbags. Seems like as long as you are aware of the recall it should be your choice and carry the same liability either way.

 

[B2000]

That makes no sense considering I have been driving my XL EB since 4/2022 with the same recalled airbags. Seems like as long as you are aware of the recall it should be your choice and carry the same liability either way.

Not the way the law is written. Stop sale orders happen- I think the Frontier just had one. There are no options for the dealer except to not deliver the vehicle.

 

[Jatrax]

If you paid for it they should refund our money until you get your truck or you decide to walk away

OP says he signed papers but doesn't specifically say money exchanged hands. Tough call because if no money has changed hands then dealer could possibly sell to someone else. But if he is making payments, he is paying for something he cannot use.

If this goes to a class action you will get an oil change and the attorneys will get tens of thousands of dollars

Actually you will get a coupon for 10% off an oil change and the lawyers will get millions.

Seems like as long as you are aware of the recall it should be your choice and carry the same liability either way.

Does seem that way but federal law prohibits the sale of a new vehicle with a recall pending. Absolutely nothing the dealer or Ford can do about it. Write your congressman.


OP the parts are available for your dealer to order. Best thing you can do is camp out at your dealer's until they show you the parts have been ordered.

 

[dhvgb1]

Has the title transfer taken place, or could the dealer still sell it out from under you? They may be trying to frustrate you so you walk away from it.

HRG

No, that is not the case. All paperwork signed but title transfer blocked due to the Hold by NHTSA

 

[LM42]

You posted about this before, right?

Class Action stuff aside... I really can NOT believe that a dealership would pull this shit. Go get yourself an appointment with a decent local attorney.

IANAL, but:

Legal contracts to buy/sell are based on a very simple concept. That is called consideration.
Consideration is the benefit that each party gets from the contractual deal. In this case, dealer gets your money, you get the Maverick. But you didn't get the Maverick.

Ownership of a car gives you rights. The right to drive it, loan it out, sell it. You can't do any of those things according to your dealer.

In order for any agreement to be deemed legally binding, it must include consideration on the part of every party to the contract. You did not get anything for your money.

Any competent lawyer will straighten this shit out quick.

This post is dripping in ignorance on the topic. When there is a delivery hold on a vehicle due to a safety recall it is mandated by the Feds. You can call as many Sauls as you want. They cannot fix that.

 

[dhvgb1]

You posted about this before, right?

Class Action stuff aside... I really can NOT believe that a dealership would pull this shit. Go get yourself an appointment with a decent local attorney.

IANAL, but:

Legal contracts to buy/sell are based on a very simple concept. That is called consideration.
Consideration is the benefit that each party gets from the contractual deal. In this case, dealer gets your money, you get the Maverick. But you didn't get the Maverick.

Ownership of a car gives you rights. The right to drive it, loan it out, sell it. You can't do any of those things according to your dealer.

In order for any agreement to be deemed legally binding, it must include consideration on the part of every party to the contract. You did not get anything for your money.

Any competent lawyer will straighten this shit out quick.

Dealer was fully cooperative. Title transfer was blocked due to a Hold Order from NHTSA. $20K fine to Dealer if car leaves the lot. Ford may be culpable to some degree, though. So, my Maverick still sits center stage in the Dealer's showroom safe from our wintry weather with doors locked and a large SOLD sign in the windshield.

 

[OrangeBlue]

DELETED because dealer did nothing wrong and OP was just venting.

No, that is not the case. All paperwork signed but title transfer blocked due to the Hold by NHTSA

 

[dhvgb1]

Ah, the ambulance chasers smelled blood in the water.

I do not expect a lawsuit possible, and won't sign on either. But I needed to vent...

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