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HELP ME! WHAT ARE MY RIGHTS?

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Old 5/4/05, 05:46 PM
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Hello Everyone. I need some serious advice, let me cut to the chase.

In mid-January I ordered a 05 GT Deluxe from a dealer (whose name I won't say yet) on X-Plan. To dot all my t's and cross all my i's, I made sure I had documentation (several emails, DORA, etc.) stating that the dealer honored x and would be happy to assist in my order. I gave them my ford-partner pin number, a $500 dollar deposit, and a pay stub proving that I work for a ford partner company... all of which I have copies of. They went over the estimated x price with me (which is in their records) and even gave me a new estimated x plan price when I decided that I wanted the Shaker 500 a few weeks into the order.

Everything was going smooth, despite the fact that my daily driver blew a head gasket three weeks into the order process. I decided to sell the car and wait for the Mustang to arrive, bumming rides to work and taking public transportation (not fun, but I was waiting patiently).

Fast forward to last week. I had been following the status of the order step-by-step. The dealer gave me a VIN and also said the car would be coming early May. I asked for a purchase order or invoice that I could give my credit union to finalize financing so I could have a check ready when it arrived. They said no problem.

A week went by and nothing, no invoice. I called back and got a run around. Two days passed, no email, call, or fax, so I bug them again. Now my car has been built and shipped… it should arrive tomorrow. I finally reach someone today who said that there was a problem with my order. "Sir, there must be a mistake, we are not honoring x=plan for 05 GTs"... I say "umm... yeah you do..", but I get referred to the sales manager on duty who says there is a mistake and that they are definitely not honoring x-plan, even stating, and I quote, "why would I settle for a $1300 ford commission when I can get a $9000 mark-up". I am IN OUTRAGE at this point.

It looks to me that they are trying to take the allocation they put in my name, under x-plan nonetheless, and shaft me to sell it for a mark-up. Can they do this? Do my emails and other documentation constitute a verbal and non-verbal agreement? I mean ... HOW CAN THEY DO THIS? Can they really put an order in the queue for an x-plan customer and then take it away? WHAT ARE MY RIGHTS AS A CONSUMER? Man.. I've been carless for 3 months waiting for this X-PLAN ORDER!

Please refrain from asking who the dealer is or sending words of encouragement... I need some good info so I can talk to the head honcho (main sales manager) tomorrow who is going to make the final call on this (according to the sales manager I spoke with today).

THANKS!
Old 5/4/05, 05:53 PM
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Do you have a signed buyers order stating the agreed price?
Old 5/4/05, 05:58 PM
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Originally posted by donkey@May 4, 2005, 7:56 PM
Do you have a signed buyers order stating the agreed price?
Good question.

Now, do not let them do this. They cant get by with it. Talk to the sales manager. If no luck, demand to speak to the owner. Also demand to speak to a Ford Rep. Do not leave without your Stang. Goodluck and keep us up to date.
Old 5/4/05, 06:00 PM
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You're getting screwed. :angry: If you've got a signed purchase agreement at X-Plan, then there's no way they can back out of it.
Old 5/4/05, 06:00 PM
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What I have is the following:

1) A true copy of the factory invoice showing the Partner Recognition Program/ X Plan price on the line labeled "X Plan" (this is in my file at the dealer... they would not give me a copy of it, I asked them today). This is what I went over with the original sales person.

2) Emails from the sales person with lines such as "The X Plan price will be $24,387.05." and "This dealership will honor the X Plan pricing and there isn't any additional mark-up above that price, whatever is on the invoice is what we charge. In addition, this dealership also waives our dealer fees for our X Plan customers for an additional savings." (theres more where that came from).

3) My DORA with a handwritten "X-PLAN" notation on it, as well as the xplan price in it.

4) They have copies of my paystub and X-Plan pin, which shows intent.

I do not have a "signed" purchase agreement... that is what I requested when I got the runaround.
Old 5/4/05, 06:04 PM
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If you have it in writing, make a BIG stink about it.

Get the local media involved, a local consumer crusader, that'll fix them
Old 5/4/05, 06:07 PM
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Remember they don't have to honor x-plan pricing, dealer participation in that program is voluntary. But they do have to honor a legally binding contract to purchase a vehicle - a signed buyers order. I would skip the sales manager or the head of finance and go straight to the owner. All documents ( including that signed buyers order ) and a calm discussion should solve this. If you have any chance of calling in a favor from a friend or relative that has any connection with the dealership or the family that owns it or knows anyone in the family of anyone that works there - now would be the time to use it.

Without a signed purchase agreement or buyers order they can still back out.
Old 5/4/05, 06:09 PM
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Originally posted by iag0@May 4, 2005, 4:03 PM
What I have is the following:

1) A true copy of the factory invoice showing the Partner Recognition Program/ X Plan price on the line labeled "X Plan" (this is in my file at the dealer... they would not give me a copy of it, I asked them today). This is what I went over with the original sales person.

2) Emails from the sales person with lines such as "The X Plan price will be $24,387.05." and "This dealership will honor the X Plan pricing and there isn't any additional mark-up above that price, whatever is on the invoice is what we charge. In addition, this dealership also waives our dealer fees for our X Plan customers for an additional savings." (theres more where that came from).

3) My DORA with a handwritten "X-PLAN" notation on it, as well as the xplan price in it.

4) They have copies of my paystub and X-Plan pin, which shows intent.

I do not have a "signed" purchase agreement... that is what I requested when I got the runaround.
Take in what you do have, such as e-mails stating the sales price, etc.......and drop it (copies) on the desk right in front of the sales mgr./owner of the business. They will honor the sale......maybe with a little nudging of legal action as well. Ask them if they've ever heard of the better business bureau/attorney general? I think you'll be fine......
Old 5/4/05, 06:14 PM
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Originally posted by Giddyup@May 4, 2005, 8:12 PM
Take in what you do have, such as e-mails stating the sales price, etc.......and drop it (copies) on the desk right in front of the sales mgr./owner of the business. They will honor the sale......maybe with a little nudging of legal action as well. Ask them if they've ever heard of the better business bureau/attorney general? I think you'll be fine......
I already took everything, highlighted every darn reference to "X Plan" and gave it to the sales manager I spoke to today. I should expect a call tomorrow morning from the main sales manager. I do remember signing documents when I first placed the order, but for the life of me I cannot remember exactly what the heck it was (man I sound like a uneducated bum... but it was months ago). They also wouldn't go through my sales file with me today, so I couldn't look at the past documents.

I guess I was just naive... oh well any other ideas? I want to be as prepared as possible.
Old 5/4/05, 07:10 PM
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Anything else? :bang:
Old 5/4/05, 07:22 PM
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Hopefully you did not give him what you had and left it with him. If you did it may disappear by tomorrow.
Old 5/4/05, 07:23 PM
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wait for them to honor your x-plan pricing and if you do end up getting it, nail them on the customer satisfaction survey
Old 5/4/05, 07:36 PM
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Tell them you want to speak to the owner of the dealership. If they wont have him call you. Get the regional reps phone number. There is no way they should be able to screw you like that. Go all the way up the ladder and do it quickly if you want your car. If you have all that documentation, them ordering it on xplan, etc. Oh well if they dont take it, its there fault for ordering under xplan for you. They are just trying to get over. If that doesnt work. Tell the owner your going to contact the news. I know in my area, we have a show called contact 2. They go to whoever the complaint is on tv and ask them to fix the issue, or have it televised on tv what they did. If they do fix it, they show how they had the issue resolved on the news. Anyway just do whatever you have to, they are trying to dupe you.
Old 5/4/05, 07:53 PM
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LAWYER...they arent good for much but this is one of the times they are. When the dealer calls you back explain that you are calling Ford, your attorney and your local tv stations. Most local stations have a consumer scam line kind of thing and I would bet with the attention the mustang is getting in the media they may respond. Have you done any business with this dealer or know anyone that does regular business? if so speak with them as well and get them to call on your behalf. And if you get no satisfaction by tmorrow night post the d*ck's name on here along with an email address and we cann al send him emails bugging the christ out of him until they respond the way they should. GL and stick to your guns.
Old 5/4/05, 07:55 PM
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Originally posted by Webba@May 4, 2005, 7:56 PM
LAWYER...they arent good for much but this is one of the times they are. When the dealer calls you back explain that you are calling Ford, your attorney and your local tv stations. Most local stations have a consumer scam line kind of thing and I would bet with the attention the mustang is getting in the media they may respond. Have you done any business with this dealer or know anyone that does regular business? if so speak with them as well and get them to call on your behalf. And if you get no satisfaction by tmorrow night post the d*ck's name on here along with an email address and we cann al send him emails bugging the christ out of him until they respond the way they should. GL and stick to your guns.
Hey now...no need to be attacking lawyers!
Old 5/4/05, 08:23 PM
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Dealers are independant businessmen. They have the option of accepting or denying "A", "X" or "D" plan buyers. Granted, this dealer was wrong to tell you he would accept the plan and then turn you down after waiting all this time for the car, but there is no law that says he can't do it.

I would suggest that you contact the Zone Manager and try to get him to reason with this dealer. I understand that you are reluctant to name the dealer in this chat room, but if you call my office, I will get you in touch with the Zone Manager by giving you his/her name and phone number. You need to move quickly before this dealer sells you car. (407) 875-7424
Old 5/4/05, 08:24 PM
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OK, First take a deep breath.

NOW, her is the skinny from someone who's been there and done that. Right now you are basically handcuffed. I know that is not what you want to hear. Don't overreact. Take your documentation into the Manager you ordered the car from and ask him what the staus is. If he says no X-plan, let it be known that you still intend to purchasee the car. Before you get irate or "call the media" (PS they don't care) drop me a PM and I'll give you some contact info at Ford Progam Managers division. You see Ford dealers have it at their discretion whether or not they wish to participate in A/D/X/Z-plan, but once they take the order under a plan they are obligated by Ford to Fulfill it. Ford however, WILL NOT force them to sell the car at that price. What they will do is pull their incentives (i.e GT allotment, Shelby's, etc). Most GM's are not willing to risk a $100k profit on a GT over a $9k profit on a Mustang.
Just drop me a line and I'll help as best I can.
Old 5/4/05, 08:31 PM
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Guys, This type of deal is what orginally happen to us at Jerome-Ducan Ford. The very same story. A reasurance that all would be fine at time of delivery, NOT!

This has been beat to death on many Sites.

It has been stressed to all order the new Mustang.

Without the "Vehicle Purchase Order" signed my the Sales Manager or General Sales Manager, you are out of luck. Yes it stinks, but that is the game some of these heartless Managers play.

You need that before you leave, that is your ticket to a legal document.

Not Ford, Not a Court, and for sure No TV Station will care or do anything for you.

All Ford will say is move on to a better Dealship. Easier said, than done with an O5 Mustang.

We got lucky and within a week purchased from another honest Dealer. They will have our future buisness.

iaq0I hope you give the name of the dishonest Dealership so others may know not to give them buisness. That is your only recourse at this point.

Good Luck
Old 5/5/05, 04:39 AM
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Originally posted by Badsnke98@May 4, 2005, 10:34 PM
Guys, This type of deal is what orginally happen to us at Jerome-Ducan Ford. The very same story. A reasurance that all would be fine at time of delivery, NOT!

This has been beat to death on many Sites.

It has been stressed to all order the new Mustang.

Without the "Vehicle Purchase Order" signed my the Sales Manager or General Sales Manager, you are out of luck. Yes it stinks, but that is the game some of these heartless Managers play.

You need that before you leave, that is your ticket to a legal document.

Not Ford, Not a Court, and for sure No TV Station will care or do anything for you.

All Ford will say is move on to a better Dealship. Easier said, than done with an O5 Mustang.

We got lucky and within a week purchased from another honest Dealer. They will have our future buisness.

iaq0I hope you give the name of the dishonest Dealership so others may know not to give them buisness. That is your only recourse at this point.

Good Luck
If the TV station isnt going to help why post the name to us??! Same thing except by posting in on a local station you reach more buyers in the dealers area. I am not saying this will make the dealer honor the agreement but it will put the hurt on him in lost sales. If you cant get satisfaction you can at least get revenge and hurt the dealer where it counts...his wallet. And with the buzz the mustang has generated I would doubt that a local station wouldnt look into this. Look at the garbage they put on tv now to sell time. The stupidest things are on there.....i.e. Paris Hilton. I know it is a long shot but I would still try it worst case.
Old 5/5/05, 05:49 AM
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Originally posted by iag0@May 4, 2005, 5:49 PM
Hello Everyone. I need some serious advice, let me cut to the chase.

In mid-January I ordered a 05 GT Deluxe from a dealer (whose name I won't say yet) on X-Plan. To dot all my t's and cross all my i's, I made sure I had documentation (several emails, DORA, etc.) stating that the dealer honored x and would be happy to assist in my order. I gave them my ford-partner pin number, a $500 dollar deposit, and a pay stub proving that I work for a ford partner company... all of which I have copies of. They went over the estimated x price with me (which is in their records) and even gave me a new estimated x plan price when I decided that I wanted the Shaker 500 a few weeks into the order.

Everything was going smooth, despite the fact that my daily driver blew a head gasket three weeks into the order process. I decided to sell the car and wait for the Mustang to arrive, bumming rides to work and taking public transportation (not fun, but I was waiting patiently).

Fast forward to last week. I had been following the status of the order step-by-step. The dealer gave me a VIN and also said the car would be coming early May. I asked for a purchase order or invoice that I could give my credit union to finalize financing so I could have a check ready when it arrived. They said no problem.

A week went by and nothing, no invoice. I called back and got a run around. Two days passed, no email, call, or fax, so I bug them again. Now my car has been built and shipped… it should arrive tomorrow. I finally reach someone today who said that there was a problem with my order. "Sir, there must be a mistake, we are not honoring x=plan for 05 GTs"... I say "umm... yeah you do..", but I get referred to the sales manager on duty who says there is a mistake and that they are definitely not honoring x-plan, even stating, and I quote, "why would I settle for a $1300 ford commission when I can get a $9000 mark-up". I am IN OUTRAGE at this point.

It looks to me that they are trying to take the allocation they put in my name, under x-plan nonetheless, and shaft me to sell it for a mark-up. Can they do this? Do my emails and other documentation constitute a verbal and non-verbal agreement? I mean ... HOW CAN THEY DO THIS? Can they really put an order in the queue for an x-plan customer and then take it away? WHAT ARE MY RIGHTS AS A CONSUMER? Man.. I've been carless for 3 months waiting for this X-PLAN ORDER!

Please refrain from asking who the dealer is or sending words of encouragement... I need some good info so I can talk to the head honcho (main sales manager) tomorrow who is going to make the final call on this (according to the sales manager I spoke with today).

THANKS!
If the senior manager does not honor the X-plan, demand to speak with the Dealer Principal. Don;t settle for excuses as to why he can not be seen.
The dealer did accept a deposit which is more binding than just accepting an order. I'm not a lawyer by any stretch but I have been a sales manager at a Ford store since 1986 and I have had more than my share of customer disagreements which we usually resolve in favor of the consumer.
Don;t make threats as that will just allienate the manager and make him not want to help you even more. If that does not work, thank him for his time, gather up all of your documentation, and send off a nice letter to the States Attorney as well as the local newspaper's consumer advocate.

GOOD LUCK!


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