Maverick Resale Restriction by Dealer

[SuperA]

My friend picked up his '23 rolled over '22 Maverick today and was told he must sign a Resale Restrictions Form to get the truck he ordered. I didn't when I picked up my '22. Has anyone else experienced the same this year?

The restriction is he can't sell for a year, and if he does and gets over MSRP he must give that extra $$ back to the dealer. And he must give 30 days notice to the dealer if he decides to sell before the year is up, and the dealer has first right of refusal to purchase it.

I've heard of a similar restriction on popular vehicles, but not on the Maverick until now. I've attached a redacted copy of the document he had to sign.

If you don't sign it, will they still sell you the truck?

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[SValline]

This is the best part - LOL - what the heck do they call ADM??? They always use the line the manufacturer didn't price it correctly, so that's why they are charging $xxxxxxxxx over MSRP. Seems speculative to me.

 

[SuperA]

If you don't sign it, will they still sell you the truck?

 

[FabMav]

They refused unless he signed it right then. He had no choice but to sign it in order to drive it away, which is what ge did (reluctantly).

 

[Call sign "Slick"]

Good luck trying that in a "free state" like Texas. I'd roll it up around a #2 pencil and tell them to shove up their arse.
Totally unenforceable! I've got a boner on for my dealer already! I (after i asked to have priority code moved from a 10 and they wouldn't budge)

 

[OrangeBlue]

It's a bold strategy, Cotton!

Just tell them that it is sold, get to court and then waste all their time and explain that it was not sold and ask for compensation due to lost work and fees.

 

[OrangeBlue]

Pot kettle ftw.

You're either not a lawyer, a horrible one, or just like to mouth off. A good lawyer would know your own limitations. That means there is no way you are familiar with every state's laws enough to make the claim you did.
I'm going with internet blowhard pretending to be a lawyer but could be wrong.

 

[Dmat]

This does feel unenforceable on one major point. Most contracts must have something to gain for both parties. Contracts that unilaterally benefit one side will usually invalidate the contract. It does seem like this could be considered as signing under duress too. This being only shown as final documents are being signed and prevent the entire transaction if not completed might meet the standards required. Even if this was trying to be enforced. There would likely be little to gain. I mean sure you might sell it for 5k over msrp but once you consider the taxes and fees that were rolled into the total, were talking 2-3k at most now over what you paid. I'm pretty sure a lawyer will eat most of that taking you to court.

Also feel like someone just took this template for another car and is trying to apply it to everything sold at that dealer.

 

[JimParker256]

Good luck trying that in a "free state" like Texas. I'd roll it up around a #2 pencil and tell them to shove up their arse.
Totally unenforceable! I've got a boner on for my dealer already! I (after i asked to have priority code moved from a 10 and they wouldn't budge)

Um, you DO realize that dealers can only set priorities between 19 and 10, right? I'm confused as to why would you want them to "have priority code moved from a 10?" Ten is the highest priority a dealer can set, and 19 is the lowest. If you don't want your truck, you can always refuse it if it comes in...

 

[JimParker256]

I especially like the part where the "contract" states that you agree you're not signing under duress, right after they told you that it was "mandatory" that you sign it, or you don't get your truck...

 

[Skyline]

Sounds like that was a contract of adhesion and since he wanted the truck, he had no choice. The other aspect of it is that, he probably opted for Ford Financing to purchase the Mav; that in itself puts a lien on the truck's title, preventing the sale. So, he got the Mav that isn't really his anyway in that case...

When you rely on people/entities to get a loan to purchase something, you're pretty much at their mercy. Some weasels like to abuse that, while other don't. This is why I purchased mine for cash, as far as the dealer is concerned, the hell with them...

 

[gte105u]

I especially like the part where the "contract" states that you agree you're not signing under duress, right after they told you that it was "mandatory" that you sign it, or you don't get your truck...

Duress is not typically "I wanted to buy it and they wouldn't sell it to me if I didn't agree". Depends on a ton of factors, but if the buyer could walk away without significant harm it would likely be hard to prove duress. Considering just about every major purchase made includes some sort of contract, saying that not signing the document would prevent you from getting the item is a hard sell for duress in and of itself.

But I do appreciate the irony of a contract rider saying it's not under duress, which could in and of itself be forced to be signed under duress.

 

[JimParker256]

Duress is not typically "I wanted to buy it and they wouldn't sell it to me if I didn't agree". Depends on a ton of factors, but if the buyer could walk away without significant harm it would likely be hard to prove duress. Considering just about every major purchase made includes some sort of contract, saying that not signing the document would prevent you from getting the item is a hard sell for duress in and of itself.

But I do appreciate the irony of a contract rider saying it's not under duress, which could in and of itself be forced to be signed under duress.

Yeah, I am not a lawyer, so I was mostly commenting on the irony of having a clause in a contract that says "this contract wasn't signed under duress." Those words don't mean that the buyer might have been forced to sign the contract while the seller held a gun to my head... (Nor does it prove the opposite.) I just found it ironically humorous.

 

[jons]

This is complete BS and is not enforceable

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