RunNgun

So a few months ago I created a thread detailing the numerous repair jobs my 2012 mustang has had to the point that I filed a lemon law suit with the BBB to have it replaced. I won and a judgement was awarded for me to pick any Ford vehicle of equal or greater value from a dealership of my choosing. I picked a 2015 GT in competition orange, and after waiting 2 weeks for Ford and the dealership to get their affairs in order, was contacted today by the dealership informing me that they "humbly decline" to comply with the process. Uhm, wat? Come to find out they claim that since they are not the dealership who originally sold me the car they can not be compelled to replace it, only the dealership of origin can be legally obligated to this process.

Sigh, ok so back to the original dealership. Unfortunately they dont have any 2015 GT's I want, but of course the other dealership does, so I tell them thats the car I want and to please go get it and just process the transaction locally, kinda like any other dealer trade when they have to ferry in a car from a competitor. They refused. Their response? "You cant make us lose money on this deal"... Again, uhhmmm, WAT?

Basically the sales manager confessed that they're trying to earn their holdback incentive by replacing me with a car from their lot. For starters, I really doubt there's any holdback for a vehicle that is being replaced by Ford, but hey what do I know, maybe they just get it every time a car leaves the lot. I'd still have to assume that this is largely a losing deal for them because I'm driving off in a 2015 car for $5000 (mileage fee's for my replacement). In fact, while informing him I was doing a collateral swap with my lender he insisted that I just let them buy back my mustang and finance me for the new one. I'm pretty sure these guys are under the impression they are selling me a car and really fail to grasp the gravity of the situation (precisely why the 1st dealership bowed out at the last minute once they realized what a losing proposition this was for them).

So, where does that leave me? In complete limbo. The 3rd party Ford rep tasked with this process is confused, the BBB is slack, and the dealership is doing what dealerships do, which is trying to screw me by making me pick a car I dont want and lord knows what else once I get to the paperwork. I've been reading all sorts of horror stories were people were conned into paying additional fee's, paying differences between MSRP and invoice etc etc etc, despite the fact that it's clearly spelled out how this process works. I guess thats the problem with the whole "dealer franchise" model, they work as wholly independent subsidiaries who think they can basically do what they want and can more or less ignore corporate. In fact I've even read stories where the dealers still refused to handle an order mandated straight from top brass at corporate, afterall "we're a private business, you cant tell us what to do!".

General Sales Manager wants to have an off-the-record chat with me in person today, of which I have neither the time nor patience for but hey at least it's face time with the GM which is rare. Pretty sure next stop this morning is going to be at a lawyers office with the BBB judgement in hand ready to file a breach of contract.

CiniZter

Hang in there. just be consistent with your follow ups.

JeffreyDJ

I've never been through the process, but is the BBB agreement legally binding? If so, it seems (as you indicated) they're just trying to give you the run around and/or game the system. It may be worth threatening a lawyer for enforcement if you can't get things moving.

Automatic 5.0

$5000 mileage fees? That sounds kind of fishy, too. You bought the car in the first place and it has been a troublesome and worrysome purchase. And $5000 in the big picture of what Ford rakes in every year seems very petty for them and a big deal to an individual consumer.

cdynaco

Do the numbers work? If the numbers work, then do it this way. Assuming you get proper value for your lemon, they get to sell a vehicle, get a commish on the financing, everybody's happy without you having any attorney expenses and the nightmare and months that involves.

Then go right out and refinance at a Credit Union for 2.25%.
https://www.lmcu.org/banking/autoloans.aspx

BOOM! DONE!

AlsCobra

You should have encouraged the position of just a buy back. You also should have handled this with the dealer you bought the car from. Also you should contact the area Ford rep. Get him and the GM in on the dealings. If you rely on the dealer alone to handle this, you're pissing in the wind. There should be you, the area Ford rep, and sales mgr having a meeting and working out the deal. Along with any paperwork from your lawyers or BBB. Good luck because it will be frustrating.

NC14GT

Good luck with everything. I think a lawyer's fee would be money well spent at this point if the upcoming meeting doesn't solve anything. The lawyer shouldn't have to make more than a few phone calls, or write a few letters, to the big guns at Ford. Just see how much that would cost in advance. I know I would do that for $1,000 or so. New car and no more worries.
I will say that is is shameful for Ford to behave in this manner. Typical, but shameful as usual. It sure would be refreshing to read a nice post about a cooperative Ford dealer honoring the car they sell and respecting the process you went through.

Mickstang

Document everything. Who you talked to; when you talked to them; what you said; what they said. The ability to definitely answer any question thrown at you regarding your attempts to resolve this problem will strengthen your case immeasurably. Good luck.

GottaHaveIt

record the conversation