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Legal Action?

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Old 09-04-2006, 10:48 PM
  #1  
burdweiser
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Default Legal Action?

I went to trade in my V6 for a GT this weekend and my deal fell through. I went by the dealership today because My girl bought a white V6 mustang for 19K$. While I was there, they told me there was a problem with the car I ordered. It turns out it was a GT that had a Saleen package on it and they could not sell it to me at that price. I have already signed all of the paper work for the contract (so did the dealership) and now they are telling me they can't give me the car! They would have to sell it to me for 40K$! I said no way, they have to find me another car in what I ordered. The person at the dealership told me that they are unable to locate any black on black manual GT's in TX. I was told that they would look more tomorrow (tues)! That is the last day of the sale and most dealerships are out of GT's. The guy who locates vehicles at other dealerships says that none of the other dealerships are cooperating because they are so busy with sales. I believe him. I wasted 3 days because they told me they had the car I wanted... and paid for!!
Is there anything legally I can do? I could have gone to another dealership that day and bought what I wanted! I am so PISSED![>:]
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The hard part about considering legal action is that the guy who sold me the car is a friend at the local Ford dealership. But they should have been able to see that the car was a GT converted to a Saleen. They even went back and saw that it was on the bottom of the invoice!
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Old 09-04-2006, 10:59 PM
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peteway
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Default RE: Legal Action?

I'm not lawyer but it seems that if you have signed papers then you should have some options. maybe you can get some cash for breach of contract.... I dunno. But signed papers has to be worth something...
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Old 09-04-2006, 11:19 PM
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Tri C
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Default RE: Legal Action?

Well, burdweiser, I am a lawyer and I'm going to make a few assumptions here. You say that you ordered the car? It sounds more like the dealer merely located a car for you at another store. Having just gone through a similar experience of trying to find a stick GT, I'm here to tell you that if a Deluxe stick '06 GT shows up in the Ford computer system it is most likely a Saleen, Roush, or otherwise modified unit. The trouble is - nobody can tell that just be looking at the computer listing.

Correct me if I'm wrong but this smacks of your dealer having made a deal with you with BEFORE contacting the other store (at which time they learned it was modded). A material mistake of fact such as this can (rightly) void your contract. Yeah, they should have checked before agreeing to the deal with you but they apparently didn't.

I ended up with an automatic convertible last week because my dealer was unable to trade for a stick coupe. Either they had been sold or dealers wouldn't trade them. This worked out fine - it's a helluva car and I saved over $7000 in finance charges.

My best advice to you is to take what you can get tomorrow because the financing deal ends at COB.
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Old 09-04-2006, 11:23 PM
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Default RE: Legal Action?

i hope it works out for you.....i hope you get the car
of your dreams, don't settle for anything less
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Old 09-04-2006, 11:26 PM
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Apoptosis
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Default RE: Legal Action?

shouldn't he be able to get the same price because he already has the papers signed and the money exchanged? I think they were just trying to unload a saleen on you. They know people hate waiting, so why not trry and get a few extra bucks out of it.
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Old 09-04-2006, 11:51 PM
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burdweiser
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Default RE: Legal Action?

The dealer did do a locate to find the vehicle at another lot. But the invoice they got did show that there was a Saleen package added to the car, they just did not read it at the bottom! They overlooked it. I am mainly pissed because I could have gone down the road that day and got the GT I wanted. Instead, I am sitting on my hands, hoping they find the car I want now when I am 99% sure that there are no 2006 GT's with the options I wanted.
I was not interested in getting a Saleen, but it was originally a GT. If they cannot find the car I want, I want to fight to keep the car I signed a contract for and keep the amount the same for what I paid!
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Old 09-05-2006, 12:04 AM
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classj
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Default RE: Legal Action?

I doubt you will get the saleen car for the GT price. The dealer is not going to lose 10K on a car before it leaves the lot.

If you didnt sign a contract with a vin you dont have a leg to stand on. Even then, might not be worth it.

Go online to fords computer, start looking at a ton of sites and find the car you want. Within a day of calling around you should be able to find one.

I would call as many dealers as possible tommorow. Tell them, I will come down today and give you a deposit if you can get a car. If a dealer knows they have a sure sale, they will find you a car or arrange something so you do not lose the deal. They can put a credit app in and take a deposit I believe and hold the deal.
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Old 09-05-2006, 12:16 AM
  #8  
burdweiser
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Default RE: Legal Action?

The contract I signed with the dealership has the VIN number of the vehicle on it. I have the mountain of paper work for the transaction. The invoice with the VIN number shows that it has a Saleen package on it.
I spent several hours calling dealerships in Houston, Dallas, Beaumont, Freeport, Corpus Christie and Austin and did not find the same vehicle I walked into the dealership and asked for. Last Friday, there were plenty! I could have gone somewhere else! Instead, they told me they located a vehicle, so we signed the contract to buy it, now they said they can't do it because they didn't pay attention to the invoice!
The VIN number on the contract is the same VIN on the invoice they have. It was a GT, they just didn't call ahead or pay attention to the invoice to see that a Saleen package was added!

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Old 09-05-2006, 01:15 AM
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Default RE: Legal Action?

I would say that if you went through all of the paperwork, right down to completing all of the docs in the financing dept., AND the VIN was on all of those docs, you should get that car.

The only "out" the dealer could use is to say that they can't finance you. At that point, I'd call your bank or credit union. I'd give up the Ford incentives to get that car, then resell it for dealer invoice, and make a profit towards a GT. They won't be that hard to find forever. The model year is just starting.
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Old 09-05-2006, 01:43 AM
  #10  
burdweiser
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Default RE: Legal Action?

We did go through all of the paper work. The vehicle is financed through Ford Credit (which shows the VIN) and Buyers Order Invoice to show the vehicle (with the VIN). I already signed my title for my trade in over to the dealership (my 2005 V6 mustang) and I signed for the new title to go to Ford Credit until the vehicle is paid off. We have a complete transaction. I read through the mountain of paper work and the only time the price can change after you order the vehicle is if the Manufacture changes the price on the vehicle. This car was originally a GT, then the Saleen package was put on after it was delivered to the dealers lot. I did not order this from the factory, it was located at another dealership and was going to be shipped to me. I think the only think I may have a problem with is the Arbitration Clause in the contract. It is very vague.
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