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

[mhw21zap]

I had a similar situation. This was with price protection. The dealer told me they would not take it off the sticker price but send me a check once they got it from Ford. Thought I was screwed but got a 1700 dollar check 6 weeks later. Not sure if it's the same with the private offer.

It does sound like the same sort of issue (rebate, private offer). From what I understand, EcoBoost engines got a $1,700 deal and hybrids got a $2,700 deal. Am I correct to assume that you have the EcoBoost?

I must say, since posting, I have had three different people come forward and say that it's possible that a check will in fact come. You were to mention a first-hand account. I Don't want to get too overly excited, but I am definitely happy to hear that this wasn't a one-off isolated incident and that more importantly, people have received a check 4 to 6 weeks after making a purchase from Ford. This is essentially what my dealer said would happen, despite my obvious reluctance to believe him..

Thank you for letting me know, if anyone else has any ideas or stories, please post them cuz I'm sure I'm not the only one still waiting

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[Rolmav]

The dealer installed options the OP is refering to are not the dealer installed options listed on the actual window sticker, they are the options ~$914 worth of options (beginning with tailgate letters) he agreed to purchase and signed in the first doc on post #36 below. It appears the dealer provided (and installed) them as they were not on the window sticker, then after the lengthy build/buying cycle, failed to charge for them in the truck purchase agreement.

The OP agreed to the purchase, signed an order for them, has possession, however has not paid. I believe it's been established here that the additional order can be invoiced separately, though generally the dealership will bundle them all into the vehicle purchase agreement.

It has also been mentioned that the OP has some leverage now for the dealership to help pursue the Special Offer on his behalf in exchange for getting paid that ~$914....

.

Okay, that was my bad. I didn't notice that the letters and other stuff were not on the window sticker.

 

[Maverickent]

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...

Well said. We don't know every detail of the situation.

 

[Roadking]

They are dealer installed. They called me to pick it up, and I signed all the paperwork and am home now. They didn't quote me yet on the amount, I ended the call and told them I'll call them back.

I need to determine my approach. Talk directly with the owner? This is messed the heck up.

I AGREE that this is messed up for you. But getting to talk to the owner……..Good luck with that…….

It stinks they are pulling that kind of BS. Stealers they are..

 

[RLader]

Not exactly/fully correct. True that the Dealer does NOT hold the "Title" with name of buyer and seller and so on.
What the Dealer holds is even more important. The "CO" or Manufacturers Certificate of Origin for each vehicle. This is NOT easily replaced. This is what is taken to a DMV to GET A Title.

Never been given a "CO" with all the vehicles I have bought. I have always walked out with a title application. With that in hand the vehicle is mine and the lender shown on the title app. If anything is owed to me or the dealer they give me a "We owe or I owe". That covers things the dealer has agreed to provide, such as a trailer hitch or me bringing the second key.

 

[RLader]

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.

Wouldn't that apply more to real property than personal property. In this case he paid what he was asked to pay. Equitable doctrine applies where you don't own the property and improve it, then ask for reimbursement from the owner. These improvements occurred while it belonged to the dealer. But this all appears to be over a $199 tire lock. Give it back to them or negotiate a fair price, at worst.

 

[B. Maverick]

Wouldn't that apply more to real property than personal property. In this case he paid what he was asked to pay. Equitable doctrine applies where you don't own the property and improve it, then ask for reimbursement from the owner. These improvements occurred while it belonged to the dealer. But this all appears to be over a $199 tire lock. Give it back to them or negotiate a fair price, at worst.

Equitable remedies - which is what "unjust enrichment" is - apply to all civil suits. I don't want to bore you with the technical stuff, but many cases are "in equity" rather than "in law." It depends, of course, on the jurisdiction. Family law and probate, for example, are equitable. In a civil suit that is "in law," there are equitable remedies in the background.
I believe there are some jurisdictions in the US that still have courts of equity and courts of law. In California it's all folded together in one unhappy family.
By the way, what you have described might be called "quantum meruit." You get paid for the worth of your work. I wish more of my clients knew about that.

 

[RLader]

This isn't what happened. The issue is dealer installed items that the OP asked for, but these added items aren't listed in the final sales agreement. So technically OP has no way of establishing they are in the purchase price agreed to. Right now seems like dealer has the upper hand here IMO.

Did the OP also say that the dealer had not installed some of the items listed on the invoice as dealer installs, but were included in the amount on the invoice? This has gotten way too convoluted.

 

[B. Maverick]

There recently was a report, on NPR I think, about buyers who sign all the contracts and forms for financing, drive home, and the financing falls through. They want the car back. If it doesn’t come back, they report an auto theft to the police and have you arrested. Sounds like you worked with a dealer who plays this kind of game. Although you don’t deserve it, expect the dealer to involve you with the justice system.

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...

OK. I do criminal defense. That's why it's arguably malpractice for me to opine on civil law matters. Folks, the attitude matters. On the other hand, I've known a lot of cops in my practice - I used to be a prosecutor - and they really don't want to turn civil disputes into criminal cases. I suspect this case was a one-off.
Short story: a colleague of mine was a charging deputy. The case involved the purchase of a Chevy pickup. All the paper were signed, the guy gets in the truck, and the dealer decides he owes more money. He says, "Screw you," and starts to drive away. They close the garage door so he can't get out. The dealer calls the cops, and the guy is cited. My friend, looking at the facts, realizes the dealer was guilty of false imprisonment (closing the garage door) and files a complaint against the dealership. Turns out the dealership gave money to the moronic District Attorney (and I'm being generous). He fired her.
What goes around comes around. He got unelected and now commits malpractice as a private attorney.

 

[RLader]

Equitable remedies - which is what "unjust enrichment" is - apply to all civil suits. I don't want to bore you with the technical stuff, but many cases are "in equity" rather than "in law." It depends, of course, on the jurisdiction. Family law and probate, for example, are equitable. In a civil suit that is "in law," there are equitable remedies in the background.
I believe there are some jurisdictions in the US that still have courts of equity and courts of law. In California it's all folded together in one unhappy family.
By the way, what you have described might be called "quantum meruit." You get paid for the worth of your work. I wish more of my clients knew about that.

Bore me. Do I have a chance to ask more for my trade-in than what my dealer gave me because when I got home I had a higher offer for my trade-in. The amount was determined by the Ford website that values your trade-in. Or am I held to the contract I signed and agreed too? If I can't re-do the contract, why can the dealer. The OP said that the dealer had not installed everything that was on the invoice but he paid the invoice price, plus additional fees and charges. The dealer has the customer at a disadvantage to begin with, why should he also get a free do-over?

 

[RLader]

If you already signed the contract tell them to kiss off. I had a dealer forget to add sales tax to a newly purchased truck a few years back. They told me I was required to sign a new sales order. They threatened to "take me to court". I said fo for it and guess what, I never heard from them again.

Don't let them talk you into signing a new contract. If it's not included in the bill of sale, there is nothing they can do.

In our state the dealer would have the right to ask you to pay the sales tax. However he can not make you pay it. It is his liability and no longer your problem if you don't want to pay it, as you seem to have found out.

 

[B. Maverick]

Bore me. Do I have a chance to ask more for my trade-in than what my dealer gave me because when I got home I had a higher offer for my trade-in. The amount was determined by the Ford website that values your trade-in. Or am I held to the contract I signed and agreed too? If I can't re-do the contract, why can the dealer. The OP said that the dealer had not installed everything that was on the invoice but he paid the invoice price, plus additional fees and charges. The dealer has the customer at a disadvantage to begin with, why should he also get a free do-over?

Your options will depend on Alabama law. Generally, you and the seller are bound by the contract. But lawyers make their livings off the exceptions to the rule. Were you in my jurisdiction, I would suggest that because you agreed to a price - if I understand this right - you are bound. A contract is an offer and an acceptance. They offer to sell you your unicorn with a certain sum for your trade-in, and you say, Sure. You sign. Bingo. Offer and acceptance, that is, an enforceable contract. But there are always ways to contest a contract. Because I despise lawyers and the crap they do, I wouldn't suggest you go very far with it unless it's a hell of a lot of money or the dealership needs to be slapped for being sleazy. But there are likely lawyers who might look at the issue for you without demanding your first born for payment. But I've met more sleazy lawyers than sleazy car dealers, though that might be because I haven't bought a lot of cars. (I once bought a Subaru from a guy who asked me what is black and tan and looks good on a lawyer; the answer, a Doberman Pinscher.)
Once, when I was a prosecutor, the defense attorney told me he had to plead the case out. Why? I asked. He's a used car salesman, he said, the jury's going to hate him.
Fighting about the little stuff is never worth it; choose your battles carefully.

 

[RLader]

Your options will depend on Alabama law. Generally, you and the seller are bound by the contract. But lawyers make their livings off the exceptions to the rule. Were you in my jurisdiction, I would suggest that because you agreed to a price - if I understand this right - you are bound. A contract is an offer and an acceptance. They offer to sell you your unicorn with a certain sum for your trade-in, and you say, Sure. You sign. Bingo. Offer and acceptance, that is, an enforceable contract. But there are always ways to contest a contract. Because I despise lawyers and the crap they do, I wouldn't suggest you go very far with it unless it's a hell of a lot of money or the dealership needs to be slapped for being sleazy. But there are likely lawyers who might look at the issue for you without demanding your first born for payment. But I've met more sleazy lawyers than sleazy car dealers, though that might be because I haven't bought a lot of cars. (I once bought a Subaru from a guy who asked me what is black and tan and looks good on a lawyer; the answer, a Doberman Pinscher.)
Once, when I was a prosecutor, the defense attorney told me he had to plead the case out. Why? I asked. He's a used car salesman, he said, the jury's going to hate him.
Fighting about the little stuff is never worth it; choose your battles carefully.

Agree, choose your battles wisely.

 

[JG307]

I don't know if I heard of anyone getting private offer after the sale. Would be interested to know it has happened that way for anyone.

I'm not going to read this whole 8 page mess, I just wanted to peek in and say I got my private offer after the sale. I made a thread about it if anyone is interested.

If no one has suggested it already, please contact Ford chat support and ask if they have your private offer certificate number. That would at least prove to the dealer you are owed that money.

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