Ford surface care mandatory?

[Mymaverick2021]

You just got off the phone with a con artist. Unequivocal BS dealer tactic. Just like ALL Ken Garff dealerships in Colorado adding $500 LoJack type GPS tracking and $500 “appearance protection” AKA scotchguard. I’ve canceled 2 custom ordered Mavericks and one on the lot (stock) I was going to buy because of s*it like this. I’ll wait 5 years before I pay a penny more. Im so sick of these slimy dealerships, they deserve to go out of business. Remember all the nickel and dining the unstoppable Blockbuster video did to us, until one day…

You would only have to pay for that option If it were a dealer stock truck, They tell you anything else tell them to shove it up their ass

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[DryHeat]

Correct. A Buyers Order is not a Buyers Order without a VIN. You can use the correct form and have everyone sign it, but it aint no Buyers Order.

That's interesting. Why do you think that? Have you seen any articles saying a VIN is required? Or have you read something in a Buyer's Order form that makes it contingent on a VIN?

Now that "build-to-order" is becoming more common, this statement from one of the articles I read seems most on point: "The agreed purchase price should also be recorded in the buyer's order, as should the vehicle's VIN if it has been assigned one." What Is a Buyer's Order? (reference.com)

I've also read the terms (including boilerplate) of my own Buyer's Order pretty carefully. It has all the characteristics of a binding contract. Interestingly, though, there's no dedicated blank to put a VIN in. I would expect one if a VIN was required.

If you have something that supports your claim, I would really like to hear about it. It would certainly change my view of how this all works.

[ I asked @Stevospeedo the same questions but he hasn't responded. You can see my response to him here: https://www.mavericktruckclub.com/forum/threads/ford-surface-care-mandatory.5304/post-112591 ]

 

[Paul]

Total crap. Call Ford directly.

Also ask to see the memo from Ford.

Make sure dealer knows you are calling customer service to inquire about this alleged add on.

Absolute bullshit

it looks like Ford under priced the Maverick and is trying to charge more for the truck by making mandatory options AK tow package and now mandatory paint maintenance. When will stop

 

[Big_T]

it looks like Ford under priced the Maverick and is trying to charge more for the truck by making mandatory options AK tow package and now mandatory paint maintenance. When will stop

Ford does not make any profit from Dealer mark-ups. Things like fabric and paint protection are purchased by the dealer and sold to retail customers at huge markup. Not to mention that it has been verified in this thread that this is not a Ford item.

 

[olderbudwiser]

it looks like Ford under priced the Maverick and is trying to charge more for the truck by making mandatory options AK tow package and now mandatory paint maintenance. When will stop

I don't think the company is doing this. It's all on the dealer. Asian car dealers have doing this for years. Custom wheel locks, window etching, paint protection, wheel protection.......

 

[Mavito]

They probably want you to just not purchase so that they could keep it and sell it for thousands more on there lot. Crooks!

 

[Ferroplasm]

Does anyone ACTUALLY know what product dealerships are using for the "paint protection"?

 

[MattIngram]

Anyone know the relevant regulations in NC that I could cite if my dealer tries pushing mandatory add-ons? I’m prepared to pay a doc fee, nothing more.

Good question: First of all, I am not a licensed attorney and this does not constitute legal advice. Using these laws to bring a dealership to heel are nuclear options and no negotiation should start with the release of nuclear weapons, as there is nowhere else to go.

NC has very strong consumer protection laws under General Statutes. So good that UNC calls it the granddaddy of all consumer protections N.C.G.S. § 75- 1.1(a). Plus we have pretty darned good attorneys, working for the Attorney General in the consumer protection office, which can be contacted via1-877-5-NO-SCAM or (919) 716-6000 and complaints can be filed online at:https://ncdoj.gov/protecting-consumers/.

It’s pretty straight forward, they scope out professional services and protect advertisers if they were not aware. But if they’re engaged in commerce and an automobile dealership would be and they’re engaging in an unfair or deceptive act [using their leverage to require optional products be purchased by the consumer sure seems like it would meet those common law tests below] and it could be illegal, here in NC. But a licensed attorney would know best, preferably free of charge from the NC attorney general’s office.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByChapter/Chapter_75.pdf

§ 75-1.1. Methods of competition, acts and practices regulated; legislative policy.
(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.
(b) For purposes of this section, "commerce" includes all business activities, however denominated, but does not include professional services rendered by a member of a learned profession.
(c) Nothing in this section shall apply to acts done by the publisher, owner, agent, or employee of a newspaper, periodical or radio or television station, or other advertising medium in the publication or dissemination of an advertisement, when the owner, agent or employee did not have knowledge of the false, misleading or deceptive character of the advertisement and when the newspaper, periodical or radio or television station, or other advertising medium did not have a direct financial interest in the sale or distribution of the advertised product or service.
(d) Any party claiming to be exempt from the provisions of this section shall have the burden of proof with respect to such claim. (1969, c. 833; 1977, c. 747, ss. 1, 2.)

There’s a law firm that put a paper together to help frame up the tests that common law does in NC, and is very informative. Stop me if any of this sounds familiar.

http://crlaw.com/news/wp-content/uploads/2016/12/Presentation-5-J.-Patrick-Haywood-Mark-K.-York.pdf

Unfair or deceptive act or practice:
 A practice is unfair when it offends established public policy or when the act or practice is “immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.”

Unfair or deceptive act or practice:
 A party is guilty of an unfair act or practice when it engages in conduct which amounts to an inequitable assertion of its power or position.

For an act or practice to be deceptive it must have “the capacity or tendency to deceive” but proof of actual deception is not required.

Deliberate acts of deceit or bad faith do not have to be shown, rather, the claimant must demonstrate that the act or practice possessed the tendency and capacity to mislead or created the likelihood of deception.

It is not required that the claimant actually relies on the deception in order to prevail; actual reliance is not a factor to be considered.

And if they want to take the risk and roll the dice, well here’s what they’re gambling on and if you, or somebody before you communicated this to the dealership that email becomes discoverable and could prove willfulness. That’s why I always do a seat belt check by politely asking the dealership to put in writing.

§ 75-15.2. Civil penalty.
In any suit instituted by the Attorney General, in which the defendant is found to have violated G.S. 75-1.1 and the acts or practices which constituted the violation were, when committed, knowingly violative of a statute, the court may, in its discretion, impose a civil penalty against the defendant of up to five thousand dollars ($5,000) for each violation. In any action brought by the Attorney General pursuant to this Chapter in which it is shown that an action or practice when committed was specifically prohibited by a court order, the Court may, in its discretion, impose a civil penalty of up to five thousand dollars ($5,000) for each violation. Civil penalties may be imposed in a new action or by motion in an earlier action, whether or not such earlier action has been concluded. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The clear proceeds of penalties so assessed shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1977, c. 747, s. 3; 1983, c. 721, s. 1; 1998-215, s. 99.)
§ 75-16. Civil action by person injured; treble damages.
If any person shall be injured or the business of any person, firm or corporation shall be broken up, destroyed or injured by reason of any act or thing done by any other person, firm or corporation in violation of the provisions of this Chapter, such person, firm or corporation so injured shall have a right of action on account of such injury done, and if damages are assessed in such case judgment shall be rendered in favor of the plaintiff and against the defendant for treble the amount fixed by the verdict. (1913, c. 41, s. 14; C.S., s. 2574; 1969, c. 833; 1977, c. 707.)
§ 75-16.1. Attorney fee.
In any suit instituted by a person who alleges that the defendant violated G.S. 75-1.1, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the prevailing party, such attorney fee to be taxed as a part of the court costs and payable by the losing party, upon a finding by the presiding judge that:
(1) The party charged with the violation has willfully engaged in the act or practice, and there was an unwarranted refusal by such party to fully resolve the matter which constitutes the basis of such suit; or
(2) The party instituting the action knew, or should have known, the action was frivolous and malicious. (1973, c. 614, s. 1; 1983, c. 417, s. 2.)

 

[Blessedintx]

I just got off the phone with my dealer and was told that Ford just started requiring Ford surface care for all new vehicles. He said that this just started within the last month. It's a $795 charge..

Anyone else hear of this?

Total bullshit!

 

[Blessedintx]

Transfer the order to another dealer. It doesn't change you "place in line". I would not buy from a dealer who out and out trys to scam me.

 

[YazYaz]

That's interesting. Why do you think that? Have you seen any articles saying a VIN is required? Or have you read something in a Buyer's Order form that makes it contingent on a VIN?

Now that "build-to-order" is becoming more common, this statement from one of the articles I read seems most on point: "The agreed purchase price should also be recorded in the buyer's order, as should the vehicle's VIN if it has been assigned one." What Is a Buyer's Order? (reference.com)

I've also read the terms (including boilerplate) of my own Buyer's Order pretty carefully. It has all the characteristics of a binding contract. Interestingly, though, there's no dedicated blank to put a VIN in. I would expect one if a VIN was required.

If you have something that supports your claim, I would really like to hear about it. It would certainly change my view of how this all works.

[ I asked @Stevospeedo the same questions but he hasn't responded. You can see my response to him here: https://www.mavericktruckclub.com/forum/threads/ford-surface-care-mandatory.5304/post-112591 ]

Let me preface my reply by stating that what is the law and what a court will rule are two different things. In most cases, I don't think you would need a legal Buyer's Order for a court to rule in your favor. If you have any kind of signed document (even on a piece of scrap paper) showing an agreement between a dealer and yourself on the price of a yet to be built vehicle (unless the MSRP changed) I think you would be fine.

With that said, every State has laws, regulations and codes pertaining to the sales and purchase of automobiles. Within these laws, regulations and codes are "definitions". Almost all states define "Buyer's Order" as having to include a VIN#. Take for example the State of Viginia. The relevant code is 46.2-1530: (I will not post the entire section for the purposes of brevity)

§ 46.2-1530. Buyer's order.
A. Every motor vehicle dealer shall complete, in duplicate, a buyer's order for each sale or exchange of a motor vehicle. A copy of the buyer's order form shall be made available to a prospective buyer during the negotiating phase of a sale and prior to any sales agreement. The completed original shall be retained for a period of five years in accordance with § 46.2-1529, and a duplicate copy shall be delivered to the purchaser at the time of sale or exchange. A buyer's order shall include:

1. The name and address of the person to whom the vehicle was sold or traded.

2. The date of the sale or trade.

3. The name and address of the motor vehicle dealer selling or trading the vehicle.

4. The make, model year, vehicle identification number and body style of the vehicle.

5. The sale price of the vehicle.

6. The amount of any cash deposit made by the buyer.

7. A description of any vehicle used as a trade-in and the amount credited the buyer for the trade-in. The description of the trade-in shall be the same as outlined in subdivision 4.

I simply wish people of this forum would stop writing that a Buyers Order need not contain a VIN#. That is flase.

 

[mrjspence]

You would only have to pay for that option If it were a dealer stock truck, They tell you anything else tell them to shove it up their ass

You’re correct but my 2 custom orders were from KG as well. Out of principal of them doing this, I decided not to purchase from them. I found a smaller locally owned dealership who wasn’t playing games and was willing to sell me a stock unit in transit at MSRP.

 

[Mymaverick2021]

You’re correct but my 2 custom orders were from KG as well. Out of principal of them doing this, I decided not to purchase from them. I found a smaller locally owned dealership who wasn’t playing games and was willing to sell me a stock unit in transit at MSRP.

Thankfully you can still find some dealers that are happy to make their money off the MSRP and still make U the consumer feel like your getting a deal

 

[jbpoole]

Transfer the order to another dealer. It doesn't change you "place in line". I would not buy from a dealer who out and out trys to scam me.

I'm hearing that you cannot transfer an order from one dealer to another dealer.

 

[Blessedintx]

I'm hearing that you cannot transfer an order from one dealer to another dealer.

I was told by Grapevine Ford (Texas) that you can. But how much do they really know?

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