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

[gte105u]

I don't think they mean it makes the contract unenforceable. Enforceability is one requirement, skin in the game is another. They don't want to give the EV benefit to people who, under the terms of the contract, weren't really at risk of losing anything (or very much).

For example, I had a contract with a condition clause (added by me) that said that if I didn't like the performance of the hybrid I could cancel and get my deposit back. The contract was enforceable, but probably wouldn't meet the IRS "skin in the game" requirement.

You are right that no particular length or form of contract is required.

But, as you noted, you still have to prove a meeting of minds. I'm not sure an order form does that. Purchase orders, for example, are not considered contracts until accepted by the seller.

There is also the Statute of Frauds question in most (maybe all) states. It usually requires a writing signed by the party to be charged for contracts for the sale of goods over $500.

Sure, it may be possible to marshal the evidence to prove a meeting of minds, and it may be possible to get around the statute of frauds (perhaps by proving partial payment). But why take these risks? It's easier and safer to get a signed writing in the first place.

So I think an example of a contract not dual signed is a purchase order. I can fill one out to buy some doors and frames. If the supplier proceeds based upon that it is accepted as a meeting of the minds. It is enforceable, though not an ideal position for enforcement lots of wiggle room. They can single endorse it and as long as they didn't make any changes it's also considered a meeting of the minds. If they made modifications to the purchase order, the original issuing party will then need to accept it as well.

For sure the best practice in a case like ordering a truck will be to get a dually sign purchase agreement. I plan on pursuing that with the order I'm getting put in. My intention on being somewhat argumentative here is that many people don't work on contracts day in day out as I and apparently you do as well. I want to make sure they don't have a false sense of what a contract really is.

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[DryHeat]

I never said (at least I don't recall doing so) a Buyers Order is not an enforceable contract. One final time: It is not a Buyers Order if it does not include a VIN#

That's a straw man. My statement was about your belief that a VIN is required for a contract, not about your beliefs about Buyer's Orders. Here's my statement:

"If you believe a VIN is required for a contract, then you must believe it is impossible to make an enforceable contract for the purchase of a vehicle not yet produced. "​

And you do believe that. You said it right here:

Without a Vin # there is nothing in the contract to enforce. It is like an empty box. The box is yours and what is in the box is yours but there is nothing in the box!

 

[DryHeat]

My intention on being somewhat argumentative here is that many people don't work on contracts day in day out as I and apparently you do as well. I want to make sure they don't have a false sense of what a contract really is.

That's my intention as well -- and I think it's a good thing to do -- but I'm giving up on it now.

I think I've reached the point of diminishing returns.

 

[YazYaz]

That's a straw man. My statement was about your belief that a VIN is required for a contract, not about your beliefs about Buyer's Orders. Here's my statement:

"If you believe a VIN is required for a contract, then you must believe it is impossible to make an enforceable contract for the purchase of a vehicle not yet produced. "​

And you do believe that. You said it right here:

Straw man? I'm not sure you are clear about the definition of "straw man argument".

You implied that I did not think a "proper Buyers Order" was not an enforceable contract. Otherwise, why would you write:

A proper Buyer's Order is an enforceable contract because it contains the required information (the actual terms of the sale, including the selling price) and is signed by both parties. The DORA you describe doesn't do that

Also, why did you mention a DORA? When did I talk about a DORA? Maybe that's not addressed to me.

We have had a major breakthrough though. You used the phrase "proper Buyers Contract". It has taken a long time for you to subtly acknowledge that a Buyer's Order is not valid without a VIN. In addition to no VIN there is no deadline date. Not even close to a contract.

 

[Landric]

Girls, you are all pretty.

The bottom line here is that there is not enough money involved to make it worth an attorney's while. One has to be able to show damages to prevail in a lawsuit. What are the actual monetary damages? One could probably argue that the value of the vehicle over MSRP was lost the the buyer. What is that? $5000, maybe $10,000. An attorney getting paid a percentage would get between 25-50% of that. Or, they could be paid several hundred dollars an hour (which would quickly eat up a $10,000 verdict if one actually managed to win in court or get a settlement).

Small claims court might be an option. Maybe no one from the dealership would show up and one would get a summary judgment. Then one just has to collect. That could be easy or nearly impossible depending on state law.

The vehicle is gone. Unless it can be replaced with another of the exact specifications quickly then the buyer has lost out. Could that happen and the most likely way for that to happen is for the buyer to be a squeaky wheel. Complain to Ford. Post negative reviews on every place possible, Tweet about it. Attract attention to these scumbags until they find a replacement vehicle. That will help them "Learn and Grow" for sure.

 

[DryHeat]

You implied that I did not think a "proper Buyers Order" was not an enforceable contract. Otherwise, why would you write:
A proper Buyer's Order is an enforceable contract because it contains the required information (the actual terms of the sale, including the selling price) and is signed by both parties. The DORA you describe doesn't do that
Also, why did you mention a DORA? When did I talk about a DORA? Maybe that's not addressed to me.

Actually, @YazYaz, not a single word of that was addressed to you.

You are quoting my response to @Dudley's comments about Buyer's Orders and DORAs (which are right above my response in my post -- quoted, bolded, and linked -- so I'm not sure how you missed them).

We have had a major breakthrough though. You used the phrase "proper Buyers Contract".

No, I didn't use the phrase "proper Buyers Contract."

If you think I did, post a link to it.

 

[YazYaz]

I never got my Maverick I ordered. I placed a custom order in Sept '21. I have a signed order agreement, and email trail offering me first right of refusal. They said 12-16 weeks until delivery. 12-16 weeks turned into we don't know when. We'll call you for first right of refusal. The call never came. It would have been nice to review it, but that's not happening. I recommend anyone still waiting CALL every day to you dealer. This whole "ordering" has been so exhausting, so stressful, and I really feel like a fool, like I was scammed. I am totally pissed of at Ford, and my dealer Autofair Ford NH.

First, I have to apologize to the new owners of Auto Fair in Manchester for any unkind comments I may have made about them regarding this matter.

Auto Fair contacted me and informed me that "cdsmith379" did indeed place an order with them in Sept of '21. However, on 3/18/22 "cdsmith379" sent them an email and told them to cancel his order. (They still have a copy of his email) Of course, no dealer is going to contact Ford and cancel a pending order for a Ford Maverick. So, months later when the vehicle was finally built and shipped to Auto fair, "cdsmith379" became aware of the situation and now wanted his order "uncancelled". Auto Fair has already promised the vehicle to someone else. So, as you can see, there are always two sides to every story

(FYI. I privately messaged the OP to give him/her the opportunity to respond to Auto Fair's version before I made this post, but he/she never responded)

 

[cdsmith379]

First, I have to apologize to the new owners of Auto Fair in Manchester for any unkind comments I may have made about them regarding this matter.

Auto Fair contacted me and informed me that "cdsmith379" did indeed place an order with them in Sept of '21. However, on 3/18/22 "cdsmith379" sent them an email and told them to cancel his order. (They still have a copy of his email) Of course, no dealer is going to contact Ford and cancel a pending order for a Ford Maverick. So, months later when the vehicle was finally built and shipped to Auto fair, "cdsmith379" became aware of the situation and now wanted his order "uncancelled". Auto Fair has already promised the vehicle to someone else. So, as you can see, there are always two sides to every story

(FYI. I privately messaged the OP to give him/her the opportunity to respond to Auto Fair's version before I made this post, but he/she never responded)

I just responded to you. You just messaged me today. Everything I posted is true and I resent you implying otherwise. I did email them after countless months of waiting to give me a delivery date or cancel my order, in which they replied:

"
Craig,

I won't cancel your order but I will return your deposit and give you first right of refusal when it gets here, eventually. "

I expected a call from this. It never came because they knew they could make more marking it up to someone else. I really don't understand sticking up for lousy dealers.

 

[NH Dan]

First, I have to apologize to the new owners of Auto Fair in Manchester for any unkind comments I may have made about them regarding this matter.

Auto Fair contacted me and informed me that "cdsmith379" did indeed place an order with them in Sept of '21. However, on 3/18/22 "cdsmith379" sent them an email and told them to cancel his order. (They still have a copy of his email) Of course, no dealer is going to contact Ford and cancel a pending order for a Ford Maverick. So, months later when the vehicle was finally built and shipped to Auto fair, "cdsmith379" became aware of the situation and now wanted his order "uncancelled". Auto Fair has already promised the vehicle to someone else. So, as you can see, there are always two sides to every story

(FYI. I privately messaged the OP to give him/her the opportunity to respond to Auto Fair's version before I made this post, but he/she never responded)

Thanks for the info, seeing how I have some concern on this dealers performance. I will report back about how it went for me. My sales rep said it is in transport and said it should be in NH in two weeks. I trust my guy there but this has been a hard road. I should get it just shy of a year from order.
Good day aye
Dan

 

[GladSlinger]

Make sure Ford is aware so they can choke their allocation

 

[LuxMavHP]

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!

This case is civil, not criminal. No stolen vehicle report would be taken.

 

[Espeer]

I just responded to you. You just messaged me today. Everything I posted is true and I resent you implying otherwise. I did email them after countless months of waiting to give me a delivery date or cancel my order, in which they replied:

"
Craig,

I won't cancel your order but I will return your deposit and give you first right of refusal when it gets here, eventually. "

I expected a call from this. It never came because they knew they could make more marking it up to someone else. I really don't understand sticking up for lousy dealers.

Wow. How the hell were they supposed to give you a delivery date? You know that the trucks aren't built at your local dealership, correct?

 

[billbillw]

30 minutes of reading through this thread only to find out the OP tried to cancel his order? Geeze...of course they sold it to someone else. If he really wanted the vehicle, he should have been calling the dealership as soon as he got the shipped notice.

 

[LuxMavHP]

I just responded to you. You just messaged me today. Everything I posted is true and I resent you implying otherwise. I did email them after countless months of waiting to give me a delivery date or cancel my order, in which they replied:

Craig,
I won't cancel your order but I will return your deposit and give you first right of refusal when it gets here, eventually. " I expected a call from this. It never came because they knew they could make more marking it up to someone else. I really don't understand sticking up for lousy dealers.

Hi Craig, I see your point of view, but here is where the "waters were muddied." Buy sending the dealer an e-mail stating... "give me a delivery date or cancel my order." As the dealer cannot possibly give any of us an exact delivery date without one actually being assigned by Ford, I would take that as a canceled order on the dealers part. Legally and/or Civilly it is not a reasonable request if you know how the retail ordering system works. Most people don't, so to you, that may have seemed reasonable. It does not matter what a buyer does not know, it comes down to what you should have known (due diligence). This is not the dealership's responsibility, it is the buyers. Hence, even though the dealer stated your order would not be cancelled, and they would give you first right of refusal, that would not be binding. Of course they want that vehicle to sell and would not cancel a retail order. So that part from the dealer was "fluff." Stating a "first right of refusal" would now be a courtesy. One which should have been honored, but I suspect got lost in the time the Maverick finally arrived (and was probably not "flagged" in their system for other salesman to even know). No blame on you, as one would expect a phone call, but in these days, and a busy dealership, it certainly cannot be counted on. Bottom line, it sounds like you got tired and frustrated waiting (we all do) and perhaps were trying to force the issue (just my assumption as I don't know you).

However, canceling an order in any form is a mistake as the dealer is now going to sell that vehicle at least at your agreed on price, but more likely, as they did, at an even higher price.

I want to be clear, this is not an attack on your integrity, just an unfortunate sequence of events.

 

[jeff_J]

30 minutes of reading through this thread only to find out the OP tried to cancel his order? Geeze...of course they sold it to someone else. If he really wanted the vehicle, he should have been calling the dealership as soon as he got the shipped notice.

30 minutes of wasted time here also.......

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