Need Help! Picked up my Maverick today but dealer wants me to pay for dealer installed options after bringing home

[B. Maverick]

California lawyer here. In all candor, I do my best to avoid civil litigation. But there are some rules that probably apply. Disclaimer: I am not admitted in Illinois, so I'm not offering legal advice you can take to the bank. Or to court.
The preliminary question: are the additions they failed to charge for items the OP ordered.
If they are not, I think they are SOL. That's not a legal term. I am not aware of a jurisdiction in the US that gives a seller special status because it's moronic.
If they are items OP ordered, the analysis is necessarily different. That they let you take the Mav without charging you for the additions you ordered makes them look kind of stupid, but it doesn't necessarily mean you don't have to pay them. In that case, use the payment as a cudgel to get them to follow through with the private offer. In this scenario, they aren't evil to request the payment for things you ordered. But they look like idiots. Use that to get them to follow through with the private offer.
Good luck with this.

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[B. Maverick]

Unjust enrichment is an equitable doctrine. (Don't ask; we don't have time.) That the dealer apparently peed on its shoes may, in some jurisdictions, limit the application of that doctirne.

 

[JBillinois]

This is good stuff everyone. Yes, I ordered those options and the total inclusive price was $25,800 at that time. I paid $27k when I got it and they did not list those options when selling me the vehicle. At no point did I have a good feeling about this dealer (new to the area in 2021, this was the closest dealer), and they had my Maverick and I obviously wanted it after 17 months of waiting.

I'm upset at passing the buck to the Ford Company, I was very upset at the time of sale and made it known. I drove home after signing the contract.

This is where I currently stand.

I appreciate everyone's perspectives.

 

[Johnkn]

California lawyer here. In all candor, I do my best to avoid civil litigation. But there are some rules that probably apply. Disclaimer: I am not admitted in Illinois, so I'm not offering legal advice you can take to the bank. Or to court.
The preliminary question: are the additions they failed to charge for items the OP ordered.
If they are not, I think they are SOL. That's not a legal term. I am not aware of a jurisdiction in the US that gives a seller special status because it's moronic.
If they are items OP ordered, the analysis is necessarily different. That they let you take the Mav without charging you for the additions you ordered makes them look kind of stupid, but it doesn't necessarily mean you don't have to pay them. In that case, use the payment as a cudgel to get them to follow through with the private offer. In this scenario, they aren't evil to request the payment for things you ordered. But they look like idiots. Use that to get them to follow through with the private offer.
Good luck with this.

The dealer installed options are described, priced and signed for in the first doc in post #36.

.

 

[gte105u]

This is good stuff everyone. Yes, I ordered those options and the total inclusive price was $25,800 at that time. I paid $27k when I got it and they did not list those options when selling me the vehicle. At no point did I have a good feeling about this dealer (new to the area in 2021, this was the closest dealer), and they had my Maverick and I obviously wanted it after 17 months of waiting.

I'm upset at passing the buck to the Ford Company, I was very upset at the time of sale and made it known. I drove home after signing the contract.

This is where I currently stand.

I appreciate everyone's perspectives.

Based upon this, if they decide to pursue those additional options you will need to pay them. They are not part of the final sales price. Dumb move on their part but what you agreed to does not include those options. Tell them you'll deduct it outbid the offer they owe you but ultimately you will need to come to resolution on this.

 

[TRUCKHEF]

Got the truck at your house? Bill of sale all signed and filed away? Tell them to pound sand.

 

[dcs12345]

I’d tell them to take it out of the private offer money once they figure that out….

 

[Cheesehead]

I’d tell them to take it out of the private offer money once they figure that out….

Quid pro quo.

 

[barxlt]

Tell them when they find your private offer and give you credit you will talk about it . I would not give them a penny.

 

[Maverick Life]

@B. Maverick and @gte105u appreciate the insights from legal perspective -thank you!

Having followed the thread with great interest I'm curious whether the Oct-21 document listing these options and showing a final net price might jeopardize any dealer claims of enrichment against OP. Regardless of the omission of these options from the final contract, wouldn't it be difficult to make a case that OP was unjustly enriched by paying a price $1200 higher than the dealer expected to receive for the vehicle (and those dealer installed accessories clearly itemized here)?

I recognize that dealer costs would probably come into the decision but this (in my legal ignorance) would suggest the dispute over enrichment would somehow involve the manufacturer - the party that both invoiced the dealer and promised to protect sales price on behalf of OP. ...right? In short, wouldn't it be easy for OP to demonstrate that there is already a remedy available to the dealer for the missing charges over installed accessories (i.e. private offer) and the dealer is choosing not to pursue it?

 

[gte105u]

@B. Maverick and @gte105u appreciate the insights from legal perspective -thank you!

Having followed the thread with great interest I'm curious whether the Oct-21 document listing these options and showing a final net price might jeopardize any dealer claims of enrichment against OP. Regardless of the omission of these options from the final contract, wouldn't it be difficult to make a case that OP was unjustly enriched by paying a price $1200 higher than the dealer expected to receive for the item (and those accessories clearly itemize here)?


I recognize that dealer costs would probably come into the decision but this (in my legal ignorance) would suggest the dispute over enrichment would somehow involve the manufacturer - the party that both invoiced the dealer and promised to protect sales price on behalf of OP. ...right? In short, wouldn't it be easy for OP to demonstrate that there is already a remedy available to the dealer for the missing charges over installed accessories (i.e. private offer) and the dealer is choosing not to pursue it?

It's not ever clear cut in these situations. That's why lawyers make so much. Here are a few thoughts on it.

1. The order sheet was the intent. It is not the final agreement. That is the contract which lists the vehicle options and price.

2. There were numerous changes to the final options and final costs, many of which were outside of dealer control (or would be argued outside of dealer control like model year change costs, incentives from Ford, etc.).

3. The final price and contract does not reflect the added dealer options which the OP received. That would therefore be the basis of the unjust enrichment. You cannot ask for something (which the OP did), receive it (which the OP did), and not pay for it (which is the case here because it is not reflected in the final sales contract price).

4. Not liking how the dealer handles the process would not be a strong legal defense. Dealer will claim they are charging based upon Ford's invoicing to them, which is in line with their standard terms. If this went to court, OP could counter sue, and may win that but it doesn't change the Dealer's claim.

5. Letting the OP drive off without paying for the services provided is bad business, but doesn't really change the Dealer's position for being owed. Plenty of goods and services are invoiced after receipt by customer.

6. Most likely for $900 dealer wouldn't sue, they would turn over to collections. The harassment and 7 year hit on credit for that is likely much worse than the cost on this. If OP had any major purchases, moving, changing jobs, etc. over next 7 years that impact to credit will be worth way more than the $900 in dispute.

Just my opinion, would use the options payment as leverage to help get the private offer addressed. Go up the chain at the dealer to GM or owner if needed.

 

[Maverickent]

There are a few variations of this scam. I heard a story on NPR where a guy got arrested, because the dealership couldn't reach him, to tell him he owed them more money. The dealer reported the car stollen and police officers pulled him over, but he had all the paperwork with him showing he was legit. But he still went to jail until they determined he was the owner. I would contact this agency before talking to the dealer. If they call you again, say you are exploring your legal options before paying anything. And that you'll be in touch:

https://www.usa.gov/state-consumer/illinois

 

[bluesteel]

There are a few variations of this scam. I heard a story on NPR where a guy got arrested, because the dealership couldn't reach him, to tell him he owed them more money. The dealer reported the car stollen and police officers pulled him over, but he had all the paperwork with him showing he was legit. But he still went to jail until they determined he was the owner. I would contact this agency before talking to the dealer.

He showed the police the paperwork when he was pulled over and they still arrested him? Would be interested in hearing more on that one!

 

[gte105u]

He showed the police the paperwork when he was pulled over and they still arrested them? Would be interested in hearing more on that one!

That's a BS use of the criminal justice system to resolve a clear civil issue by dealer. But from police perspective, until the registration transfer is complete its hard to sort out who is right and wrong. Contract paperwork can be forged, payments can not clear, financing fall through. It's not the police job to wade through that. They had credible information that a potential crime was committed and acted on it.

Now being arrested and thrown in holding vs. going down to station to answer questions may be the difference in how the person reacted when the police stopped them...

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