Dealership Sold my Order

I’d try to find out who the regional Dealer manager is for Ford who oversees your dealer and talk to him/her. Bad business on that dealer’s part to take the fast quick and likely more money. Word of their practices will get out and ultimately screw them in the long run.

JoeFury

I don’t know if anyone can offer any advice. I reserved a 2022 Ford Bronco in 2020 directly from Ford. It was converted to an order and was built. I was given the VIN number and window sheet directly from ford. The dealership receiving the delivery of my Bronco started refusing the sale after I left a bad review for poor customer service and requested a new salesperson. I was told they would not do business with me and were canceling my order. I contacted Fords corp Customer service 3/18 and was told my bronco will be delivered on or around 3/21/22and that my reservation is still confirmed and was advised by the Ford representative to go to the dealership on this date to claim my bronco and involve the police if The dealership does not let me claim order. I was told by the Ford corp that vehicle was mine and would sold to me and I am protected by my preorder and They are denying me my the property I contracted through Ford. Please let me know if this is something I can get any suggestion on routes to take. I was told on 3/28/2022 the the bronco had been sold.

Retired cop here. Absolutely a civil matter not a criminal matter. Extremely unethical by them and I am sure it will catch up with them.

tlowell01

@JoeFury , that is awful.

Another option in addition to consulting with an attorney might be to contact one of your local news stations, especially if they do any consumer protection segments.

Great advice about contacting the media

I'm finding it hard to understand what it is that Ford told you. They SHOULD know that this is a civil matter, not criminal, and they completely misinformed you about the fact that this isn't YOUR Bronco. It belongs to the dealership until they sell it to you, and Ford knows that as well. The dealership can do business with whomever they please. So all they have to do really is give you any deposit you paid back (assuming that you didn't sign something saying the deposit was non-refundable), and they have a Bronco to sell on the lot for MSRP+ADM. I'm very confused here...either the person you talked to at Ford was clueless, or you misunderstood what they said. In either case, you've got very little room to work with. Talk to an attorney, but I suspect he's going to tell you to cut your losses and move on. Your other option is to pressure them by making a big public splash about this like you are here, also post on Brongo6G, put lots of negative reviews up, etc. That MIGHT get them to sell you the Bronco just to get the negative publicity to stop ... maybe.

I don't recall the OP ever stated that they were charging ADM..everyone is just making that assumption. Regardless, it's likely the Bronco is sold..they won't cancel a sale to get it back to sell it to him.

JoergH

Here's the problem, technically speaking, you don't own that Bronco, the dealership does, until they sell it to you. Your order sheet if signed by the dealership may or may not constitute a legal agreement that's binding with the dealership. Question, did the dealer take a deposit from you when you converted your reservation to an order? If they did, then you have a much stronger case.

I've seen this same thing happen in the housing market with new home builds. Builders coming to the closing table & raising the price at closing so the owner can't afford it, losing their financing, all just so the builder can sell the home for a much high price than originally agreed upon. Or the builder just simply selling the home to someone else at a higher price. It really sucks and while technically not illegal cuz you haven't actually paid for it yet, it certainly is unethical.

I'm thinking the "criminal act" on behalf of yhe dealership is "grand theft of a vehicle". They atleast had to give you the option to purchase where you would have been given your deposit back from the dealership then recieved the 100.00 back from ford. If you have not done this, than thier selling your vehicle to another person amounts to theft. Dealers will say that this belongs to them and theres a truth in that. But the vehicle would not have been there for them to sell as they didnt order it, you did. I would definitely lawyer up, call the states AG, Better Business bureau for the city and state, and file an injuction to return the vehicle with any costs associated with depreciation from bieng used and have the sales man and sales manager arrested for theft. If everything the OP is saying is true. You will need to produce all your communications from ford with date and timestamps. It will be a process.

Slownstddy

I'm thinking the "criminal act" on behalf of yhe dealership is "grand theft of a vehicle". They atleast had to give you the option to purchase where you would have been given your deposit back from the dealership then recieved the 100.00 back from ford. If you have not done this, than thier selling your vehicle to another person amounts to theft. Dealers will say that this belongs to them and theres a truth in that. But the vehicle would not have been there for them to sell as they didnt order it, you did. I would definitely lawyer up, call the states AG, Better Business bureau for the city and state, and file an injuction to return the vehicle with any costs associated with depreciation from bieng used and have the sales man and sales manager arrested for theft. If everything the OP is saying is true. You will need to produce all your communications from ford with date and timestamps. It will be a process.

I believe in the OPing that he said it wasn't delivered to the dealership yet. I don't know if the OP paid an additional deposit beyond the original $100. However, if it is just the original $100 Ford put specific language in there basically saying that this $100 doesn't guarantee you a Bronco. If the OP then paid an additional deposit when the reservation was converted to an order, then it's going to depend on the language associated with that. BTW, this is the reason that some folks are urging people to get a signed purchase agreement at the time that they order their Bronco. The order sheet, may, or may not, hold up in court depending on your state and a lot of other things. On the other hand, if you can find a friendly cop who's willing to show up to the dealership with you, more power to you.

We are missing so much of this situation because we only have half the story.

I will say that the car was never his, the suggestion to involve the police is a bit off the wall, and I’m concerned about the interactions the original poster had that would result in a negative review (before the vehicle was built). Also, I did not see the original poster say anything about the dealer charging above MSRP, unless I missed it.

The only recourse is to get any deposit back from the dealership.

Slownstddy

I'm thinking the "criminal act" on behalf of yhe dealership is "grand theft of a vehicle". They atleast had to give you the option to purchase where you would have been given your deposit back from the dealership then recieved the 100.00 back from ford. If you have not done this, than thier selling your vehicle to another person amounts to theft. Dealers will say that this belongs to them and theres a truth in that. But the vehicle would not have been there for them to sell as they didnt order it, you did. I would definitely lawyer up, call the states AG, Better Business bureau for the city and state, and file an injuction to return the vehicle with any costs associated with depreciation from bieng used and have the sales man and sales manager arrested for theft. If everything the OP is saying is true. You will need to produce all your communications from ford with date and timestamps. It will be a process.

Surely this is meant to be sarcastic...right? The dealer can't steal something that belongs to them.

frdfan

Slownstddy

I'm thinking the "criminal act" on behalf of yhe dealership is "grand theft of a vehicle". They atleast had to give you the option to purchase where you would have been given your deposit back from the dealership then recieved the 100.00 back from ford. If you have not done this, than thier selling your vehicle to another person amounts to theft. Dealers will say that this belongs to them and theres a truth in that. But the vehicle would not have been there for them to sell as they didnt order it, you did. I would definitely lawyer up, call the states AG, Better Business bureau for the city and state, and file an injuction to return the vehicle with any costs associated with depreciation from bieng used and have the sales man and sales manager arrested for theft. If everything the OP is saying is true. You will need to produce all your communications from ford with date and timestamps. It will be a process.

Surely this is meant to be sarcastic...right? The dealer can't steal something that belongs to them.

You stole the words from my mouth.

frdfan

Surely this is meant to be sarcastic...right? The dealer can't steal something that belongs to them.

Actually no. Not sarcastic. This is a case involving intent. The dealership may have ordered stock orders they intend to sell, but in this case (if its real) is not ordered by the dealership. The ownership criteria really comes down to the dealers roll in acting as an agent with FMC in completing a transaction according to the state laws, taxes and required licensing. Imagine ordering something from walmart.com and you go to pick it up at your local store and they sold it to someone else. The dealerships "ownwersip in the vehicle is only valid if the customer cancels the order and doesn't satisfy the credit the dealership is given from FMC for the vehicle. Then the dealership has to satisfy that credit by selling the vehicle themselves. If the OP gave the dealership a good faith deposit at the time of order conversion, then the dealer must honor that as if it were a contract to satisfy that credit. As stated multiple times in this thread, check with your states AG to verify the laws there.

Slownstddy

Actually no. Not sarcastic. This is a case involving intent. The dealership may have ordered stock orders they intend to sell, but in this case (if its real) is not ordered by the dealership. The ownership criteria really comes down to the dealers roll in acting as an agent with FMC in completing a transaction according to the state laws, taxes and required licensing. Imagine ordering something from walmart.com and you go to pick it up at your local store and they sold it to someone else. The dealerships "ownwersip in the vehicle is only valid if the customer cancels the order and doesn't satisfy the credit the dealership is given from FMC for the vehicle. Then the dealership has to satisfy that credit by selling the vehicle themselves. If the OP gave the dealership a good faith deposit at the time of order conversion, then the dealer must honor that as if it were a contract to satisfy that credit. As stated multiple times in this thread, check with your states AG to verify the laws there.

Yeah, okay. It doesn't work like that, but go right ahead and keep thinking that you know what you know.

As a private business, the dealer doesn't have to sell squat to the OP or anyone else for that matter if they so choose. Until we hear from the OP about what went down at the dealership, we'll never know--and this 3 page thread is nothing but speculation.

frdfan

Yeah, okay. It doesn't work like that, but go right ahead and keep thinking that you know what you know.

As a private business, the dealer doesn't have to sell squat to the OP or anyone else for that matter if they so choose. Until we hear from the OP about what went down at the dealership, we'll never know--and this 3 page thread is nothing but speculation.

Well, I atleast, can repectfully disagree with you. Its up to the OP to handle his business and arguing about each others posts is pointless. You enjoy yourself.

Slownstddy

Well, I atleast, can repectfully disagree with you. Its up to the OP to handle his business and arguing about each others posts is pointless. You enjoy yourself.

Not trying to be rude, but this is not “grand theft of auto” at all. I’ve explained this on multiple posts on this thread and suggesting having the sales man and manager arrested for theft is horrible and blatantly wrong advice. OP can’t “have” anyone arrested, they could only file a police report and/ or go before a magistrate and attempt to obtain a warrant, which would undoubtedly result in them denying the affidavit.

Utah’s code section for theft
76-6-404. Theft -- Elements.
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

76-6-412. Theft -- Classification of offenses -- Action for treble damages.

It comes down to you having to physically own the property for it to be considered stolen from you. Do you have keys for the bronco? Do you have a title for the bronco? Do you have a written purchase agreement for the bronco? Are you even paying for the bronco yet? If the answer is no to those question, then it isn’t your bronco, which means the property does not yet belong to you, thus cannot be stolen from you. This is 100% a civil matter and would be an argument based on whatever agreement was made between OP and dealership. A deposit only shows YOUR intent to purchase a product at arrival, not their intent to sell the product to you. I’m done beating this dead horse at this point. OP, for your own sake, ignore the people telling you to arrest the dealership, or Henry Ford, or whatever other absurd idea comes next…

Out

thgdfathr

Slownstddy

Well, I atleast, can repectfully disagree with you. Its up to the OP to handle his business and arguing about each others posts is pointless. You enjoy yourself.

Not trying to be rude, but this is not “grand theft of auto” at all. I’ve explained this on multiple posts on this thread and suggesting having the sales man and manager arrested for theft is horrible and blatantly wrong advice. OP can’t “have” anyone arrested, they could only file a police report and/ or go before a magistrate and attempt to obtain a warrant, which would undoubtedly result in them denying the affidavit.

Utah’s code section for theft
76-6-404. Theft -- Elements.
A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

76-6-412. Theft -- Classification of offenses -- Action for treble damages.

(1)	Theft of property and services as provided in this chapter is punishable: (a) as a second degree felony if the: (i) value of the property or services is or exceeds $5,000; (ii) property stolen is a firearm or an operable motor vehicle; or (iii) property is stolen from the person of another;

It comes down to you having to physically own the property for it to be considered stolen from you. Do you have keys for the bronco? Do you have a title for the bronco? Do you have a written purchase agreement for the bronco? Are you even paying for the bronco yet? If the answer is no to those question, then it isn’t your bronco, which means the property does not yet belong to you, thus cannot be stolen from you. This is 100% a civil matter and would be an argument based on whatever agreement was made between OP and dealership. A deposit only shows YOUR intent to purchase a product at arrival, not their intent to sell the product to you. I’m done beating this dead horse at this point. OP, for your own sake, ignore the people telling you to arrest the dealership, or Henry Ford, or whatever other absurd idea comes next…

Out

But now the question becomes, CAN he sue Henry Ford?!

mike8675309

Well, you made a big mistake making a public negative comment on the dealership when you had a vehicle ordered. That's as bad as adding a bunch of credit cards after you get approved for a house mortgage, but before you own the house.

More like cussing the waiter before your food comes out. But moving forward, you should sue them on one of those court shows like Judge Judy. That would get you the best bang for your buck on negative press for the dealer.

Something similar happened to me. I bought a 2021 Big Bend online, and put down a $500 deposit with the dealership I was working with. They told me no one else will be able to buy it this way, and this is really the only way of saving my spot for this vehicle. I was called about a month after I put down my deposit and told that the 2021 was having issues in production and the 2022 option would be much faster, but it was about $1,000 more. I agreed to the 2022 because it did come with a tow package. 3/21 my sales person notified me my car is ready for pick up! I can come whenever! …not even 24 hrs later I’m getting a call from the manager telling me there was a mistake and my car had been sold. I have had to order a brand new vehicle, start this process all over again and I sold my car on 3/22 thinking I had something new to pick up. What a joke. I’ve been told by some of my friends since mine was purchased at sticker price, the dealership probably sold my car to someone who offered more than what they would get with me and chalked it up to a mistake in the system. I still have no bronco, but…I am fighting like hell till I get it. They have some making up to do. Best wishes to you!!

Jpulido91

I would say consult a lawyer and involve the police to possibly sue or press charges

Police? There was no crime committed. Was a contract signed when the order was placed? i think we are hearing 50% of the actual story.

KennyMac

More like cussing the waiter before your food comes out. But moving forward, you should sue them on one of those court shows like Judge Judy. That would get you the best bang for your buck on negative press for the dealer.

If you want to get on one of those shows, all you have to do is file something in small claims court that sounds interesting. They have producers watching court records. My wife took a daycare parent to small claims court for back payment and about a week after filing a letter came from Judge Judy producers wondering if she would want to do it all on the show.