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

[Chris_G]

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.

Sad, but true.

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[WJOHNM]

I looked through my paperwork, I could not find one signed by the dealer. Which leads me to believe they had no intention of delivering to me?? How incredibly sick is that to string me along for almost a year!?

No dealer or manager is going to sign any purchase agreement unless asked buy customer, they very rarely do it, I have purchased 15/20 new cars over the years and they never signed it you have to ask them to, then they might, they know its a legal document when signed. did you have a deposit on the vehicle, you must of gotten some kind of receipt if you left a deposit. the build sheet is only a in house document to protect you and the dealer, like if you wanted a sunroof and not on the build sheet you signed it and it had no sunroof on it and it goes both ways it could be on it and ford screwed up. You must of gotten a purchase agreement.

 

[JoeTime]

This unsigned DORA is all most of us got when placing our order. While not binding the intent is to order and sell to that person. Who knows their original intention but an unsigned DORA doesn't necessarily mean they never planned to sell it to you...

Mine was also unsigned by the dealer. My dealer required a $500 deposit and they've held that for almost a year so far. I would fight them tooth and nail if they pulled something like that on me.

 

[Dadmezz]

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.

Good arguements.

 

[Clock Doc]

The whole they didn't sign it so it's not enforceable is crap. Oral agreements are enforceable for crying out loud. The question is not whether it's a contract but what that contract provides and what the remedy is if they fail to meet that obligation.
They claim to have attempted to contact you and you never responded. You claim you never were contacted. On my contract it states I have to take possession of the veh. within 2 days of delivery or it goes to someone else. I bet yours says the same. That's what they use for their out clause.
You're out a truck. But enough stink in the right places, Ford the AG's office, News media might turn up more of the same. Then it becomes fraud now you have a case. All that heat might turn over new shady business practices. You just might get some satisfaction knowing that all the muck they will go through was started by you because they didn't honor the agreement.

 

[flashfearless]

Time to lawyer up

 

[huunvubu]

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.

You are wrong.

A Buyer's Order which shows the total out-the-door price signed by both the buyer and the dealership's General or Sales Manager is a legal contract.

A DORA only signed by the buyer is not a valid contract.

 

[Espeer]

I have multiple emails from Ford referring to "your 2022 Maverick". I don't know what shenanigans they'd try to play, but I'd love to hear the reaction of an old-school judge when they try to explain why the word "your" actually means "my".

 

[jsus]

Funny how all the online lawyers in here who insist OP has a legally enforceable contract (to do what?) still haven't realized no DORA has been presented in this thread, only the Preview Order printout from WBDO, which indicates an order has been submitted to Ford and... that's it.

 

[Grozk72]

You are wrong.

A Buyer's Order which shows the total out-the-door price signed by both the buyer and the dealership's General or Sales Manager is a legal contract.

A DORA only signed by the buyer is not a valid contract.

Just curious: what is the legal basis for your statement? Clearly past has shown there are broader considerations for what constitutes a valid contract. Offer and acceptance (part of basic tenets of contracts) include written, verbal, electronic, and conduct; i.e. sorry for the delay of your maverick; remove constraints to help ensure your maverick is built; your maverick is on the way, etc

Again, I am not an attorney, but I have a passing interest in the legal interpretation of the conduct of business.

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