joe53 Posted June 1, 2006 Report Share Posted June 1, 2006 Hi Folks, I have enjoyed all the great info coming out of this site and maybe someone can give me some advise. I had a GT500 ordered on May 5, 06 from a dealer I had contacted by phone and we reached a deal at MSRP + 1500.00. The dealer had gone through the certification process and I was told by the GM that they were a Presidents Award dealer and he assured me he would get two cars. I was buying the second. He entered the order as I wanted the car, complete with priority code, etc., signed the order as per our agreement and faxed me a copy. I sent him a $1000.00 check which he cashed. Today he calls me and says he was mistaken, they did not win the President's Award last year and they will not be getting the second car and he would be sending me a check for my deposit I would guess that he had a better offer and is trying to blow me off. Question is how do I find out if he is a President Award dealer, or not and is it worth with? Link to comment Share on other sites More sharing options...
Fastbackman Posted June 1, 2006 Report Share Posted June 1, 2006 I think he's just trying to back out without looking like he's the bad guy. Don't know for sure how you'd find out about President's award. Most president award dealers have it prominently displayed on their web sites. Link to comment Share on other sites More sharing options...
joe53 Posted June 1, 2006 Author Report Share Posted June 1, 2006 I think he's just trying to back out without looking like he's the bad guy. Don't know for sure how you'd find out about President's award. Most president award dealers have it prominently displayed on their web sites. Thanks. The dealer in question is a small dealer with no web site and probably knows I'm not going to drive the 300 miles to check him out. I'll try to hold his feet to the fire but the GM who made the dealis the owner's son. We'll see what happens, but I'll keep looking. Link to comment Share on other sites More sharing options...
rpretzel Posted June 1, 2006 Report Share Posted June 1, 2006 Just my opinion here... Since official allocations were not released at the time your order was placed, I think the dealer could argue that the deal was contingent on there being sufficient available allocation to fill your #2 spot. It sucks that he said he was a Pres Award winner when he wasn't, but I'm not sure you have much of a case. That is, unless he really is a Pres Award winner and he's lying so he can give the car to someone else. I've heard of a few shady dealers out there, but I can't imagine anyone that would go that far. It's too easy to catch them in the lie. Link to comment Share on other sites More sharing options...
JETSOLVER Posted June 1, 2006 Report Share Posted June 1, 2006 Did any of you people get something in writing that you could use in any way? This is about the sixth or seventh story like this I have read and I still can't wrap my head around this. If you have a signed contract you can enforce it or sue for remedy. If not TFS. Yes? P.S. Go to the Ford web site. I have no doubt they have contact info there. Link to comment Share on other sites More sharing options...
KingCobra Posted June 1, 2006 Report Share Posted June 1, 2006 Unless the contingency of allocation is listed on the contract, I would think he is legally obligated to get you the vehicle, whether by dealer trades, an '08, or whatever. But, I'm not Lawdude. KingCobra. Link to comment Share on other sites More sharing options...
requis Posted June 2, 2006 Report Share Posted June 2, 2006 Just my opinion here... Since official allocations were not released at the time your order was placed, I think the dealer could argue that the deal was contingent on there being sufficient available allocation to fill your #2 spot. It sucks that he said he was a Pres Award winner when he wasn't, but I'm not sure you have much of a case. That is, unless he really is a Pres Award winner and he's lying so he can give the car to someone else. I've heard of a few shady dealers out there, but I can't imagine anyone that would go that far. It's too easy to catch them in the lie. Just a thought, the pre-amble to the contract is moot. If in fact you have given a deposit and the dealer has cashed the monies. Then you have a legally binding document and an agreement to purchase. If the contract / agreement stipulates based on allocation then yes the dealer has an out. If in fact this is not stipulated not only are they in breech of contract but must find you a car adding that they must pay you the difference to acquire the vehicle from another dealership which means whatever markups the other dealer is willing to sell at they would have to cover the cost. In this case I would deffinitely seek legal counsel. Good Luck ! Requis Link to comment Share on other sites More sharing options...
joe53 Posted June 2, 2006 Author Report Share Posted June 2, 2006 Just a thought, the pre-amble to the contract is moot. If in fact you have given a deposit and the dealer has cashed the monies. Then you have a legally binding document and an agreement to purchase. If the contract / agreement stipulates based on allocation then yes the dealer has an out. If in fact this is not stipulated not only are they in breech of contract but must find you a car adding that they must pay you the difference to acquire the vehicle from another dealership which means whatever markups the other dealer is willing to sell at they would have to cover the cost. In this case I would deffinitely seek legal counsel. Good Luck ! Requis Thanks for all the good info. Whether a computer generated order signed by the GM is an enforceble document is a good question for a lawyer. My order clearly says order # 002 and vehicle order confirmation across the top. I'm kinda ignorant when it comes to most of this, but since I have the Ford dealer #, I may try to find out if he was a President's Award dealer for 2005 and if I find out he was, I'll have a lawyer friend (boy, that's scary) send him his check back with some type of demand letter. Link to comment Share on other sites More sharing options...
requis Posted June 2, 2006 Report Share Posted June 2, 2006 Thanks for all the good info. Whether a computer generated order signed by the GM is an enforceble document is a good question for a lawyer. My order clearly says order # 002 and vehicle order confirmation across the top. I'm kinda ignorant when it comes to most of this, but since I have the Ford dealer #, I may try to find out if he was a President's Award dealer for 2005 and if I find out he was, I'll have a lawyer friend (boy, that's scary) send him his check back with some type of demand letter. Do not endorse the cheque this would be equal to accepting the contract cancelation. Cheers, Requis Link to comment Share on other sites More sharing options...
CT Pats Fan Posted June 2, 2006 Report Share Posted June 2, 2006 Joe, sounds fishy. Everybody working at the dealer knows whether or not they are a Presidents Award dealer. I'd drive the 300 miles and check it out. They would have something prominently displayed...it's a sign of achievement for the dealer. Go to www.fordvehicles.com and do a search for the dealer. See if there is any link under the flm.dealerconnection.com link. If there is, my guess is that a President's Award logo will be there. Something like this: Link to comment Share on other sites More sharing options...
joe53 Posted June 3, 2006 Author Report Share Posted June 3, 2006 Joe, sounds fishy. Everybody working at the dealer knows whether or not they are a Presidents Award dealer. I'd drive the 300 miles and check it out. They would have something prominently displayed...it's a sign of achievement for the dealer. Go to www.fordvehicles.com and do a search for the dealer. See if there is any link under the flm.dealerconnection.com link. If there is, my guess is that a President's Award logo will be there. Something like this: Thanks for this info. I'll try the link. I have the Ford dealer #, would that make it easier for anyone to find out if dealer is President's Award? Link to comment Share on other sites More sharing options...
TwinTurboBoss Posted June 3, 2006 Report Share Posted June 3, 2006 . Link to comment Share on other sites More sharing options...
joe53 Posted June 4, 2006 Author Report Share Posted June 4, 2006 Thanks, TTB I do have a vehicle order confirmation in hand, complete with my name, vehicle codes as the gm and I specd out by phone and he faxed me the order with his signature. The order # is 002 which I assumed was the dealer's # 2 car, as a President's Award winner. I then fedex'd my deposit check which he deposited. Deal done, unti his call conveniently forgetting that he did not win the President's Award. One question is how do I know if the order was F4'd and submitted? Any way with the dealer's id # that I can find out if he is indeed a President's Award winner? I don't plan to cash the dealer's check he is sending me, but return it to him with a letter asking him to follow through on the committment for and 07 Shelby. One thought was to ask him to have his regional Ford rep send me a letter complete with business card stating that the dealer was not a President's Award winner and would only get one car. Only then, after talking to the rep would I let him out of the deal. Any thoughts? Link to comment Share on other sites More sharing options...
speco2005 Posted June 4, 2006 Report Share Posted June 4, 2006 Thanks, TTB I do have a vehicle order confirmation in hand, complete with my name, vehicle codes as the gm and I specd out by phone and he faxed me the order with his signature. The order # is 002 which I assumed was the dealer's # 2 car, as a President's Award winner. I then fedex'd my deposit check which he deposited. Deal done, unti his call conveniently forgetting that he did not win the President's Award. One question is how do I know if the order was F4'd and submitted? Any way with the dealer's id # that I can find out if he is indeed a President's Award winner? I don't plan to cash the dealer's check he is sending me, but return it to him with a letter asking him to follow through on the committment for and 07 Shelby. One thought was to ask him to have his regional Ford rep send me a letter complete with business card stating that the dealer was not a President's Award winner and would only get one car. Only then, after talking to the rep would I let him out of the deal. Any thoughts? This is going on alot it seems. I have said all the way back into feb when guys were saying they had deals, I didnt understand how it could be happening since every dealer I visited and talked to would not place an order for they had no info. Car dealers can be the most dishonest salesmen in the world, we need to remember that. Link to comment Share on other sites More sharing options...
Jolly Roger Posted June 4, 2006 Report Share Posted June 4, 2006 This is going on alot it seems. I have said all the way back into feb when guys were saying they had deals, I didnt understand how it could be happening since every dealer I visited and talked to would not place an order for they had no info. Car dealers can be the most dishonest salesmen in the world, we need to remember that. Sounds like you had a deal. If the dealer truly isn't getting a second car, then it sounds like it is his responsibility to find one for you. Lot's of dealers are trading with or selling cars to each other. I don't know if you'll get anywhere with that approach, but it's a consideration. Personally, I think your dealer is blowing sunshine up your , and he found someone else willing to pay more or someone he couldn't refuse selling the car to for some reason. Good luck! Link to comment Share on other sites More sharing options...
joe53 Posted June 4, 2006 Author Report Share Posted June 4, 2006 Sounds like you had a deal. If the dealer truly isn't getting a second car, then it sounds like it is his responsibility to find one for you. Lot's of dealers are trading with or selling cars to each other. I don't know if you'll get anywhere with that approach, but it's a consideration. Personally, I think your dealer is blowing sunshine up your , and he found someone else willing to pay more or someone he couldn't refuse selling the car to for some reason. Good luck! I think you hit the nail on the head! I'll let you know how it all shakes out. Link to comment Share on other sites More sharing options...
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