Ferman Ford Clearwater - Bait and Switch - My Complaint to Ford

[landscpdesgnr]

I just got back from dropping my 2014 Fusion off for oil & maintenance at Peacock Ford Winter Park FL (Orlando burb). I also spent a bunch of time talking allocations to Ramon, a salesperson I have had contact w before on a Maverick that was a cancelled order. My husband chose to order from Greenway Orlando, why I don't know, I bought 2 Ford's at what used to be Don Reid now Peacock. I left Peacock even more infuriated w Greenway. Peacock hasn't had ANY Maverick order take 6 mo, infact they took a JAN HYBRID order that is coming in this week!!! After we were told in Oct at Greenway we couldn't order a hybrid for 2022! Peacock also only sells orders at MSRP, we are paying a bit over where we ordered! Peacock also had 8 Mavericks come in last week, Greenway hasn't yet had 8 total get delivered at all. I have their internal spreadsheet I'm order #50/300 and there are maybe 10 orders w VIN#'s maybe 5 on railcars right now. Their Bronco orders meanwhile are nearly all caught up!

I am ordering a 2023 hybrid in Aug w Peacock, we will decide if we are keeping the XLT now in production or the 2023 Hybrid. If you OP are still looking for a Mav in FL, I can recommend Peacock-Ramon (he owns 1 also). They are selling cancelled orders w markup but I didn't ask much.

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[SpacemanSpiff]

infact they took a JAN HYBRID order that is coming in this week!!!

Nope. You could NOT order a hybrid after the middle of November - Corporate stopped taking Hybrid orders at that time. The salesperson is absolutely BS'ing you on that point.

 

[landscpdesgnr]

Nope. You could NOT order a hybrid after the middle of November - Corporate stopped taking Hybrid orders at that time. The salesperson is absolutely BS'ing you on that point.

I didn't believe it either and he printed the order and window sticker for me to check. I checked the date #'s across the top. I mentioned somewhere else that he told me I could try putting in a hybrid order and see if it got made this yr before 2023, in the fall w the rollover orders.

 

[baldboy]

I just got back from dropping my 2014 Fusion off for oil & maintenance at Peacock Ford Winter Park FL (Orlando burb). I also spent a bunch of time talking allocations to Ramon, a salesperson I have had contact w before on a Maverick that was a cancelled order. My husband chose to order from Greenway Orlando, why I don't know, I bought 2 Ford's at what used to be Don Reid now Peacock. I left Peacock even more infuriated w Greenway. Peacock hasn't had ANY Maverick order take 6 mo, infact they took a JAN HYBRID order that is coming in this week!!! After we were told in Oct at Greenway we couldn't order a hybrid for 2022! Peacock also only sells orders at MSRP, we are paying a bit over where we ordered! Peacock also had 8 Mavericks come in last week, Greenway hasn't yet had 8 total get delivered at all. I have their internal spreadsheet I'm order #50/300 and there are maybe 10 orders w VIN#'s maybe 5 on railcars right now. Their Bronco orders meanwhile are nearly all caught up!

I am ordering a 2023 hybrid in Aug w Peacock, we will decide if we are keeping the XLT now in production or the 2023 Hybrid. If you OP are still looking for a Mav in FL, I can recommend Peacock-Ramon (he owns 1 also). They are selling cancelled orders w markup but I didn't ask much.

Great Info

 

[sunismymed]

Even if it’s illegal, you incurred no damages

Sorry Charlie: "No Damages" is at best specious. Though no doubt there are slimy lawyers hired by a slimy dealerships who have used the term to befuddle a customer that they are screwing.

Anyone screwed is arguably entitled to all of the ADM the dealership extracts from a subsequent buyer when an order is dishonored (perhaps with additional amounts) under the cause of action known as Unjust Enrichment. Even more drastic, and depending upon the state, the collection of a deposit by the dealership can impose the burden of "good faith and fair dealing" yada yada yada of a trust / trustee relationship. So that's beyond civil and then criminal.

Clearly, FMC wants customers to order cars. If a dealership had free reign to screw every customer just because of market swings then the order form is rendered superfluous (has no reason for being written). Arbiters don't accept superfluous interpretations of language. More so, they don't look favorably on persons who try to interpret the very contracts that THEY DRAFTED in an absurd manner that benefits themselves.

Some people will get taken advantage of, we know that. If you're screwed, get a lawyer who is not afraid to fight. FMC is involved, they can't claim they aren't. It's a three cluster flock. Actually, this might be a class action matter. Disclaimer - not providing legal advice, I'm not a lawyer - do your own research & get a lawyer if you want advice.

It would be shocking if FMC didn't compel every dealer pulling something underhanded to honor every order. Even more so today, with this interweb. Your story can get out there for free. Not just on this forum, you can get a website for free. Just be completely truthful, truth is a defense.

 

[Redneck Garage]

Sorry Charlie: "No Damages" is at best specious. Though no doubt there are slimy lawyers hired by a slimy dealerships who have used the term to befuddle a customer that they are screwing.

Anyone screwed is arguably entitled to all of the ADM the dealership extracts from a subsequent buyer when an order is dishonored (perhaps with additional amounts) under the cause of action known as Unjust Enrichment. Even more drastic, and depending upon the state, the collection of a deposit by the dealership can impose the burden of "good faith and fair dealing" yada yada yada of a trust / trustee relationship. So that's beyond civil and then criminal.

Clearly, FMC wants customers to order cars. If a dealership had free reign to screw every customer just because of market swings then the order form is rendered superfluous (has no reason for being written). Arbiters don't accept superfluous interpretations of language. More so, they don't look favorably on persons who try to interpret the very contracts that THEY DRAFTED in an absurd manner that benefits themselves.

Some people will get taken advantage of, we know that. If you're screwed, get a lawyer who is not afraid to fight. FMC is involved, they can't claim they aren't. It's a three cluster flock. Actually, this might be a class action matter. Disclaimer - not providing legal advice, I'm not a lawyer - do your own research & get a lawyer if you want advice.

It would be shocking if FMC didn't compel every dealer pulling something underhanded to honor every order. Even more so today, with this interweb. Your story can get out there for free. Not just on this forum, you can get a website for free. Just be completely truthful, truth is a defense.

Loved your reply. In going to do a youtube video as well - one of my rant videos LOL . I have about 22K subscribers. It also shows up in search results on google well from that - I can also add it to my Redneck Garage website if I want. Today I was contacted by the BBB on that complaint and better yet the Florida Department of Motor Vehicles called to tell me they had formally opened an investigation. ...... that made me smile

 

[Dun4791]

Sorry Charlie: "No Damages" is at best specious. Though no doubt there are slimy lawyers hired by a slimy dealerships who have used the term to befuddle a customer that they are screwing.

Anyone screwed is arguably entitled to all of the ADM the dealership extracts from a subsequent buyer when an order is dishonored (perhaps with additional amounts) under the cause of action known as Unjust Enrichment. Even more drastic, and depending upon the state, the collection of a deposit by the dealership can impose the burden of "good faith and fair dealing" yada yada yada of a trust / trustee relationship. So that's beyond civil and then criminal.

Clearly, FMC wants customers to order cars. If a dealership had free reign to screw every customer just because of market swings then the order form is rendered superfluous (has no reason for being written). Arbiters don't accept superfluous interpretations of language. More so, they don't look favorably on persons who try to interpret the very contracts that THEY DRAFTED in an absurd manner that benefits themselves.

Some people will get taken advantage of, we know that. If you're screwed, get a lawyer who is not afraid to fight. FMC is involved, they can't claim they aren't. It's a three cluster flock. Actually, this might be a class action matter. Disclaimer - not providing legal advice, I'm not a lawyer - do your own research & get a lawyer if you want advice.

It would be shocking if FMC didn't compel every dealer pulling something underhanded to honor every order. Even more so today, with this interweb. Your story can get out there for free. Not just on this forum, you can get a website for free. Just be completely truthful, truth is a defense.

Meh. Whatever. Lots of whiners.

 

[Redneck Garage]

Ahhh the complaint to the FTC -

 

[sunismymed]

First, you may want to read up on the law pertaining to car dealers. They cannot advertise a vehicle with a vin for a specific price then try to sell it for more than advertised - that's called "Bait and Switch" it falls under Florida Deceptive and Unfair Trade Practices Act - In case you want to read it -
http://leg.state.fl.us/statutes/ind...ng=&URL=0500-0599/0501/Sections/0501.201.html

Heres a simple Definition From The State of Florida -

In a bait and switch scheme, a customer is “baited” with an enticing offer only to be “switched” into an unfavorable offer later on in the transaction.

We've got a number of apologists on this forum, people who go out of their way to suggest that dealers are allowed to conduct business in any manner. We can only wonder if any portion of these advocates are dealers themselves, or work for them, or have some other conflict of interest.

I first thought you had an order already placed, and the dealer tried to get ADM at closing. But you're right about False Advertising laws - "Bait & Switch" is a well settled form of Fraud.

Free markets are good. Someone buys a truck and resells for a profit, good for them. When a dealer can legally get ADM, good for them. But a dealer, or maybe just aggressive sales managers at a given dealer, are placing that franchise at risk when they harm customers of FORD products or break laws.

 

[sunismymed]

Today I was contacted by the BBB on that complaint and better yet the Florida Department of Motor Vehicles called to tell me they had formally opened an investigation.

Economics studies things like supply and demand for goods, but it also looks at laws & punishment. That dealer took a risk, and now they will pay for it in some form or another.

The time and effort you spend to expose misconduct is an uncompensated gift to our community. Bless you for that.

Sleazy dealers should pay heed to Baretta: "Don't do the crime if you can't pay the time"

 

[Redneck Garage]

We've got a number of apologists on this forum, people who go out of their way to suggest that dealers are allowed to conduct business in any manner. We can only wonder if any portion of these advocates are dealers themselves, or work for them, or have some other conflict of interest.

I first thought you had an order already placed, and the dealer tried to get ADM at closing. But you're right about False Advertising laws - "Bait & Switch" is a well settled form of Fraud.

Free markets are good. Someone buys a truck and resells for a profit, good for them. When a dealer can legally get ADM, good for them. But a dealer, or maybe just aggressive sales managers at a given dealer, are placing that franchise at risk when they harm customers of FORD products or break laws.

Yup. No I've had a Lariat Lux ordered from my dealership since last Aug. Hopefully get a build date soon however the news has not gotten better on overall production. My goal was never to go to court or to threaten " Im going to sue you" more like the scene in Grand Torino when Clint Eastwood tells the dudes harassing the girl - ever noticed how you come across somebody once in a while you wish you hadn't ^%#$#@ with ? Spits tobacco - that's me , the crazy old dude - lol

I have No problem with them asking 50K for a Maverick if they want - the problem I have has a few layers all pretty sleazy. First - they are advertising a vehicle ( according to them ) that is not available. Why not pull it from their site ? To bait folks into thinking they have a Maverick available. These guys then tell someone it IS available. They later call to finalize the sale then they say oh - that one is sold we have another one that is different and 5000.00 more. Now they actually sent a purchase order for the first one which was strange but its all a big bait and switch operation which seems to be the way some dealerships operate now. All the dealers that are advertising Mavericks which are customer orders, leave them up on their website, and when asked about say " oh I'm sorry that one is sold BUT - all the same game - to redirect to to buy something else from them. How there seems to be people that defend these scumbag sales tactics - Im surprised unless like you said, They are involved in the same type of activities.

The REAL truth of the matter is dealerships are cutting their own throats. Eventually Ford will move to a direct sales model. All of Ford's marketing for the Maverick - A hybrid truck for under 20K and then dealers mark it up another 15K ? Yeah great idea.

 

[RebellaE]

2 points:
1) you may be able to file a complaint with your state's Attorney General's office, or whoever handles trade regulation in your state. I did this when a Subaru dealer had an offer for a lease on their website (with VIN) and told me that they "converted that one to be a loaner, but they could lease me a similar one" for more than $100 more a month. I told them no. Days later, the original one was still advertised at the same price on their site. I made an inquiry to my Attorney General's office and magically the dealer had one for me at the advertised price.

2) Almost bought a Prius this weekend because my truck is still not scheduled. Dealer increased the price *TWICE* between me seeing the car on the lot and sitting down to talk financing (about 45 minutes, all told). Went from $32k to $40k because they kept making "mistakes" about which VIN we were talking about. The market is so stupid right now, I know people are sucking it up and buying even when dealers do this or they wouldn't be trying.

 

[Redneck Garage]

2 points:
1) you may be able to file a complaint with your state's Attorney General's office, or whoever handles trade regulation in your state. I did this when a Subaru dealer had an offer for a lease on their website (with VIN) and told me that they "converted that one to be a loaner, but they could lease me a similar one" for more than $100 more a month. I told them no. Days later, the original one was still advertised at the same price on their site. I made an inquiry to my Attorney General's office and magically the dealer had one for me at the advertised price.

2) Almost bought a Prius this weekend because my truck is still not scheduled. Dealer increased the price *TWICE* between me seeing the car on the lot and sitting down to talk financing (about 45 minutes, all told). Went from $32k to $40k because they kept making "mistakes" about which VIN we were talking about. The market is so stupid right now, I know people are sucking it up and buying even when dealers do this or they wouldn't be trying.

Wow, sorry they did that to you. Not surprising at all. I have filed with the Attn Gen of Florida yesterday

You know its funny, I own a locksmith business and there are guys out there we call the scammers. When you are locked out of your vehicle and call they will quote 35.00 car lockout service call plus the unlock fee. Yes, all folks hear is the 35.00 car unlock and possibly they actually say PLUS the unlock fee - all in all they try and get 150 to 175 dollars when they arrive at your vehicle for a service we do for 60.00. News stations will do the expose stories, Exposing the scam - that kind of thing. Good. Now why with car dealerships isn't there a huge outrage ? Is it such a dishonest business that the public has grown to just accept it ? Why when I see that as really the norm for many if not most of stealerships are people not saying enough is enough ?

 

[RebellaE]

Wow, sorry they did that to you. Not surprising at all. I have filed with the Attn Gen of Florida yesterday

You know its funny, I own a locksmith business and there are guys out there we call the scammers. When you are locked out of your vehicle and call they will quote 35.00 car lockout service call plus the unlock fee. Yes, all folks hear is the 35.00 car unlock and possibly they actually say PLUS the unlock fee - all in all they try and get 150 to 175 dollars when they arrive at your vehicle for a service we do for 60.00. News stations will do the expose stories, Exposing the scam - that kind of thing. Good. Now why with car dealerships isn't there a huge outrage ? Is it such a dishonest business that the public has grown to just accept it ? Why when I see that as really the norm for many if not most of stealerships are people not saying enough is enough ?

I think that because you expect to negotiate price at a dealer, people confuse negotiation with Scam tactics. There is a difference. Originally dealerships were created as a way to avoid monopoly markets, but they have become predatory (overall, not all, obviously). Not enough people know their rights, so they don't complain to the correct people about the things are ARE actually illegal. Most people just complain about all of it to anyone that'll listen.

 

[bdaniel230]

First, you may want to read up on the law pertaining to car dealers. They cannot advertise a vehicle with a vin for a specific price then try to sell it for more than advertised - that's called "Bait and Switch" it falls under Florida Deceptive and Unfair Trade Practices Act - In case you want to read it -
http://leg.state.fl.us/statutes/ind...ng=&URL=0500-0599/0501/Sections/0501.201.html

Heres a simple Definition From The State of Florida -

In a bait and switch scheme, a customer is “baited” with an enticing offer only to be “switched” into an unfavorable offer later on in the transaction. The schemes come in a wide variety of different forms and they can involve both products and services. Bait and switch scams remain one of the most common of business and consumer fraud reported in Florida.

Sure I want the truck now, I found it ADVERTISED for 5K over which I agreed to. At the last minute, they added another 5K to the price which as a car dealer is a no-no. The reasons for purchase are mine alone and what you do is completely up to yourself and I won't give you any "suggestions" on what's best for you - thanks.

Tell you what, if you can find a Maverick for sale, I will even check my local dealerships, I will drive it to you. I can leave mine at the dealership and give them all my info so you can be sure I will get it to you.
I like mine so much I want you to have the experience. And stop this horseshit about how frickin wonderful Tacos and Colo's can be. I have looked at them and it is one reason I bought my Maverick. And Ford hasn't ever renigged on a warranty with me. Chevy and Toyota both have shined me on with their warranties and I had to sue them to get them to honor their part of the contract. Fortunately, I live in a "Loser Pay's" state and they both lost.

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