"first right of refusal" dealership sold my order without ever contacting me

[Redneck Garage]

Don't listen to all the naysayers. Contact a local attorney about the Texas treble damages statute posted earlier in the thread. A lawyer can, if they don't settle, subpena phone records or do discovery to see what proof they have of the phone call. Your word is worth as much in court as the dealer's. The private offer letter from Ford is pretty good evidence you had a contract, or at least the dealer led you to believe you did.

If the lawyer says you don't have a case, that's a different thing. But the legal advice you get here is worth every penny you paid for it. Your loss here is big enough to be worth paying a small consultation fee, although many lawyers will offer a half hour consultation about a new case at no charge.

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[Jackflash]

AutoNation is a publicly traded company. Although it appears your truck is gone for good, you might want to start moving up the food chain with your customer service inquiries.

I've never purchased from AutoNation, but I imagine their corporate managers wouldn't be too happy learning about your experience at one of their stores. If I were in your shoes, I would make it my mission to hold the local dealership employees and management accountable for their shady business practices.

I ordered my Maverick from AutoNation Ford in Marietta, GA. My salesperson kept me updated throughout the build and shipping on where it was in the process when it reached the railhead in St Louis and transfer to another train to GA. He requested expedited ground shipping to the dealership because it was a customer order. He got all the information on the private offer and made sure it was on the closing documents. He did a great job with this order and one I had done previously. His name is Carl Yarber if you ever need a Ford in the Atlanta area.

 

[NXH]

Good find!

Consult a lawyer and consider having the lawyer write your demand letter. Your losses are much more than the 2700 private offer. They are the value of the truck (most likely measured by the price the dealer got for it) less the amount you would have paid. You may be able to find the price by going to the DMV with your VIN, and looking at the value listed on the registration. It should also show the lame and address of the purchaser, although this part of the information may not be part of the public record anyone can just request over the counter. You could also try running a CarFax on the VIN number.

Let's say the dealer sold the vehicle for $7K more than what your price would hav been. Your treble damages would bring the total over $20K, and the statute provides for you to recover your attorney's fees, also. So if they don't offer to make you whole within 60 days, you win enough damages in court to pay something pretty close to the full price of your 2024 Maverick, which you will order through another dealer who you will assure yourself has put the order under your name with Ford so you get those email updates. Also, give the dealer at least a $100 deposit. You might even tell the salesperson this story so they know you will be watching their ethics.

Funny part is that I know exactly where my truck is since the person that bought it also accepted my Ford App connection request. I already had the VIN and had it pending in the app. And the cost of 24 model will be about$5k more than what I would have paid and the current market price is from 10k to 15k above what I would have paid. I talked to one attorney and he was willing to draft a Demand Letter but that's it. I'm thinking I just file the law suit right away and not bother with demand letter as I already talked to the GM and he not willing to do anything.

 

[gte105u]

Funny part is that I know exactly where my truck is since the person that bought it also accepted my Ford App connection request. I already had the VIN and had it pending in the app. And the cost of 24 model will be about$5k more than what I would have paid and the current market price is from 10k to 15k above what I would have paid. I talked to one attorney and he was willing to draft a Demand Letter but that's it. I'm thinking I just file the law suit right away and not bother with demand letter as I already talked to the GM and he not willing to do anything.

Maybe you should take the unwillingness of the lawyer as a sign. The case is a dog unfortunately... Likelihood of winning the case for any significant damages is low.

I'd do the demand letter from a lawyer personally. That may make the dealer know you are serious enough to get them to settle. Put them on the defense of a lawsuit, they may fight it all the way since they are already in it. Give them the out of a reasonable exit before it goes to lawsuit and they may take that route.

 

[Orange Devil]

Do you have a signed and Dealer counter-signed DORA or purchase agreement?

Good luck


.

Sorry for your loss But I believe if you put down any money to order the truck you do have have a case

 

[DKubik]

I submitted an order for my vehicle on 11/15/2021 with the AutoNation Ford South Fort Worth. The vehicle never got scheduled for production in 2022, so Ford provided a Private Offer (value of $2750) to rollover the order to the 2023 model. This time the vehicle was built. I contacted Ford Customer Service line on March 16, 2023, to inquire about the status of the vehicle and receive my Private Offer confirmation #; they provided the number and stated the vehicle is scheduled for delivery date between March 27 to April 9.
On March 25, 2023, I stopped at the dealership for a quick question about the Private Offer. I spoke with my sales person, and he told me he knows nothing regarding the Private Offer and that the vehicle is still not delivered. He stated once the vehicle is received someone will contact me and let me know. That guy was supposed to retire on March 31st.
Then, on March 28, I logged into Ford.com to track my order and it showed as "Delivered". I waited until Friday, March 31st for the dealership to contact me, but that did not occur. Therefore, I called them at 5:18pm CST asking about the car; the sales guy said he will look into it and call me back. I did a follow up call at 6:45pm CST and he said the Sales Manager was supposed to give me a call, so I called the main line and asked to speak with her, and I was told she was busy. At this point, I felt something did not feel right and I drove to the dealership.
When I got to the dealership, they simply told me they had received the vehicle last week and had sold it!!! I asked how that could happen and how come no one contacted me about it, they had no answer. When I asked why I was lied to me on Saturday, March 25, they simply said he is retired and they have no comment. They had the vehicle on March 22 and sold it on March 28.
Does anyone know about the "the first right of refusal"? my understanding was that as the person who ordered the vehicle, I have the first right of refusal. it is obvious they waited 7 days before selling it as i believe that is required by Ford.

Anyone can refer me to any legal document that talks about the "first right of refusal" or Ford's requirement that the dealer contact the person who ordered the vehicle first?

Did you place a deposit? If so you have teeth to go after the dealership, and you should!

 

[gte105u]

Did you place a deposit? If so you have teeth to go after the dealership, and you should!

For what damages? Clearly OP could get the deposit back. Potentially lost opportunity cost on the money (say 10%?). Beyond that, what case do they have for recovery of damages?

 

[James D]

Maybe you should take the unwillingness of the lawyer as a sign. The case is a dog unfortunately... Likelihood of winning the case for any significant damages is low.

I'd do the demand letter from a lawyer personally. That may make the dealer know you are serious enough to get them to settle. Put them on the defense of a lawsuit, they may fight it all the way since they are already in it. Give them the out of a reasonable exit before it goes to lawsuit and they may take that route.

Craig, unless you are an attorney in the state this happened you should not give legal advice because you can be sued. Maybe the lawyer is too busy to do anything more than a demand letter. Just trying to help.

 

[billbillw]

Craig, unless you are an attorney in the state this happened you should not give legal advice because you can be sued. Maybe the lawyer is too busy to do anything more than a demand letter. Just trying to help.

Now that's hilarious...
Seriously? Sued for a forum post?
Get a grip

 

[NXH]

For what damages? Clearly OP could get the deposit back. Potentially lost opportunity cost on the money (say 10%?). Beyond that, what case do they have for recovery of damages?

The damage at least $5000 to $15000. the $5000 is the different of the MSRP for a 24 model year (based on what is showing on Ford.com right now, which could go up when the orders open) vs the MSRP that i would have paid including my Private Offer. then up to $15000 is the Market value of the trim I had ordered.

 

[gte105u]

The damage at least $5000 to $15000. the $5000 is the different of the MSRP for a 24 model year (based on what is showing on Ford.com right now, which could go up when the orders open) vs the MSRP that i would have paid including my Private Offer. then up to $15000 is the Market value of the trim I had ordered.

I could see the argument for price increase over previous. Also any private offer.

But what is your basis for saying you are owed the market adjustment? Typically in contracts you can't sue for hypothetical profits. You'd also would likely need to establish that was agreed to. That is a very uphill battle, potentially why the lawyer you talked to not wanting to take on the case

 

[Susan]

Funny part is that I know exactly where my truck is since the person that bought it also accepted my Ford App connection request. I already had the VIN and had it pending in the app. And the cost of 24 model will be about$5k more than what I would have paid and the current market price is from 10k to 15k above what I would have paid. I talked to one attorney and he was willing to draft a Demand Letter but that's it. I'm thinking I just file the law suit right away and not bother with demand letter as I already talked to the GM and he not willing to do anything.

Read the stature carefully before you do that. You can get treble damages if you wait fo file suit until 60 days after sending a demamd letter. Also, these statutory rights tend to be easier to win or settle than a suit filed at common law. There usually are fewer defenses available when filing suit under the statute. The lawyer should have told you that when you showed them the statute.

 

[Susan]

I could see the argument for price increase over previous. Also any private offer.

But what is your basis for saying you are owed the market adjustment? Typically in contracts you can't sue for hypothetical profits. You'd also would likely need to establish that was agreed to. That is a very uphill battle, potentially why the lawyer you talked to not wanting to take on the case

The measure of damages for breach of contract would be the difference between the value of the vehicle and the price the plaintiff would have paid under the contract. So those "hypothetical profits" are exactly what is protected by contract law. And in this case, the profit isn't hypothetical, since the dealer sold the vehicle for the higher price. The price it sold for is strong evidence of the value.

Now, if the measure of damages is governed by the rule for torts (such as fraud, false advertising, etc.) is different. However, in this case there is a statute, and it or cases decided under it will determine the measure of damages.

But none of us here have all the facts, and even those of us in this thread who are lawyers are not HIS lawyer, so this background is just to help him find the right lawyer and ask them the right questions.

 

[James D]

Now that's hilarious...
Seriously? Sued for a forum post?
Get a grip

With no law license, people who give legal advice the public can read and rely on thinking it is written by an attorney are sued when something goes wrong. That would not be hilarious.

 

[Suzukiridr14]

Do you have a signed and Dealer counter-signed DORA or purchase agreement?

Good luck


.

It seams like a lot of people, me included, have a order sheet that is signed by the buyer only, not the dealership. I had no problem, all went well with my purchase, but the dealer never signed the order sheet. Most of us are unaware of what needs to be signed by who. You relay on the salesperson to make sure everything is taken care of when you leave the dealer.

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