Just got an email from dealer refunding my deposit on R Model after 6 months!

[BlazeYellow]

I placed an order for an R Model the first week the order banks were open. The dealer took my $2K deposit on 6-1-2015 assuring me they had an allocation for an R Model.
I passed on the opportunity to place orders with 2 other dealers that called me back after placing the first order.

The order info is:
Order # 0529, Dealer # F23261

The last update from Jim was:
As of the August 12th update:
In Order Processing - Unscheduled- Material Hold

I just got this email from the dealer a few minutes ago:
"Our representative for Ford just told us they will not give us and allocation for and R even though we paid and have deposit sorry. We will refund your deposit."

UNBELIEVABLE - Can anyone help me??

 

[TMSBOSS]

Not to make you any more upset than you should be, but. Did they have an allotment and are looking for a better selling price?

With the info from Jim, it sure looks like the dealer had an allotment.

Can you ask for a copy of the message from Ford??

 

[F18SMM]

That is what I was thinking, found somebody willing to pay much more.
Not sure there is much that can be done, unless you signed a contract.

 

[BlazeYellow]

I have a signed sales contract and they accepted a $2K deposit on 6-1-2015.

 

[steveespo]

I have a signed sales contract and they accepted a $2K deposit on 6-1-2015.

This is one case I would try and escalate with Ford Customer Service. If a dealer is backing out of a signed agreement then Ford may have a talk with said dealer.
Steve

 

[VoodooBoss]

Bummer. Do you have the option to accept a regular GT350?

 

[ArizonaBOSS]

 

[GProcac571]

This is EXACTLY what happened to me here in Alexandria, VA with Ourisman Ford. I'll call them out by name anytime. $2,500 deposit, all order forms signed and completed. ALL BEFORE the HP #s were made public. That was done specifically so I would be ahead of the game. Then, that very week the #s were released...dealer says that same BS to me. On top of this they wouldn't assist me in finding another dealer at all anywhere that did have an allotment for an R. They were useless and wouldn't help when they screwed up.

Only with the help of other car club members and Boss 302 fans was I able by some miracle to find a dealer that had an allotment as well as match the 5k markup as was originally promised by Ourisman Ford. After calling (7) separate states and (9) dealers across the US of A, thy were offering an R for order anywhere from 10k - 40k above MSRP. I did all the HW calls and stated my plight more times than I care to think about. Hell I even called the Ford customer service line and this is what I was told and yes I quote "every dealership is independently owned and operated, so we do not have control over there pricing." So according to a dealers "higher chain" in the command structure...they don't care how or what their product is sold to the public as, when it came down to it. I literally asked, "so you don't care what they charge? You don't care how a product as advertised by Ford for 49k - 65k as affordable to more of the public??" and I got a Nope! Wish I could pull from Ford that recorded conversation.

Anyway, my advice is: you'll have to call around to dealerships yourself and post on any FB site/forum what you want to do and see if someone has a lead. I found a few friends that put me into the hunt and in the end I found a dealer and one that as I stated wouldn't rake me over the coals for more than 5k over MSRP. A few months ago I got a call back from Ted Britt Ford here in VA saying they would do 10k for an R, but not sure if that is still available.

 

[REAL 1]

I placed an order for an R Model the first week the order banks were open. The dealer took my $2K deposit on 6-1-2015 assuring me they had an allocation for an R Model.
I passed on the opportunity to place orders with 2 other dealers that called me back after placing the first order.

The order info is:
Order # 0529, Dealer # F23261

The last update from Jim was:
As of the August 12th update:
In Order Processing - Unscheduled- Material Hold

I just got this email from the dealer a few minutes ago:
"Our representative for Ford just told us they will not give us and allocation for and R even though we paid and have deposit sorry. We will refund your deposit."

UNBELIEVABLE - Can anyone help me??

This is terrible and unacceptable. I would insist on copies of the communications from Ford both awarding the allocation and pulling the rug out. I am suspicious they are looking to sell the R from your order over MSRP. Did you pay an ADM?

 

[BlazeYellow]

I did not pay any ADM. The sales contract is at sticker. When I started looking in late May the salesman had posted on the forum located here: http://fordshelbygt350forum.com/index.php that he had an allocation for 1 non R and 1 R. I contacted him and placed the order which included a signed sales contract and a $2K deposit. He repeatedly assured me they had an R allocation.
Guys, I sold 3 of my vintage Mustangs, including 2 K Code HiPo cars , in order to be able to afford this car. They would NOT have been sold if the dealer had not repeatedly assured/guarantedd/given his word to me that they had an R allocated.
I just want the car I ordered.

 

[302 Hi Pro]

Edit:

After reading more post and information, I'm not sure that an actual contract does exist.

Please see my post listed below.

Whatever happened, I do feel for Blaze Yellow who sold his collection in anticipation of receiving an R.

302 Hi Pro

 

[BlazeYellow]

The dealers regional Ford rep called me and stated that the dealer never had an allocation for an R model. I reiterated that they had repeatedly stated that they "absolutely" had an R allocation. I told him that the dealer had stayed in contact with him several times over the past several months so why had he not told them at any point that they did not have an R allocation and he stated that they didn't tell him it was for an R. Here's a copy of one of the email's from the dealer owner to the rep asking about my order. It is dated Aug 20. I am still withholding the dealers name until we can see what happens.

"Duff,

I hate hate hate to keep bugging you about this, but the business man we have a deposit from for a Shelby, which I keep emailing you about, read that the first one rolled off the assembly line today, and he is already asking us about his. In the past, as a small dealership, we have always been one of the LAST dealership to get our Shelby. I'd really like to be one of the first this time, and make it special for this gentleman. Here is the order information. My salesman is a Shelby enthusiast (actually owns one), and got this prospect from a Mustang Forum. I think these two guys know more about this car then you and I put together.

Order number 0529 Body P8J year 2016

Many thanks if you can help us."


Obviously by his opening statement of "hate, hate, hate to keep bugging you" that this is not his first inquiry about getting my order released! Why didn't the rep tell him they didn't have an R allocation if that is indeed true?
The regional rep, Duff, is supposed to set up a conference call on Tuesday between him, the dealer and myself.
I greatly appreciate all you comments and concerns. Not sure it will work out but I've sold/lost ownership of 2 great K Code HiPo cars (one 65 and one 66) that I would not have sold. The 3rd car was a Dusk Rose 67 - don't miss it as much. LOL

 

[four-walling]

The regional rep, Duff, is supposed to set up a conference call on Tuesday between him, the dealer and myself.

That is positive news.

Auto manufacturers keep an allocation pool of vehicles to handle such things as VIP customer requests, lemon law replacements, dealer "favors", and heat cases such as yours.

Here is a chance for Duff to be the good guy and allocate a car for you and be a hero in your eyes.

Good luck!

 

[REAL 1]

Blaze: My advice. The time of playing nice is over.

You ordered an R. You have a signed contract for an R. You deposited money for the R. You detrimentally relied on the representations of the dealer and the CONTRACT in selling prized collector cars to buy the R.

Here's how I would handle it. I would immediately retain an attorney Monday. Maybe too late for a letter to the dealership by the attorney but they could fax one over. I would arrange to have the conference call placed to you at your "attorneys" office. Very simply, you want your R. You are entitled to your R. You are entitled to your R at the at time it would have been delievered based on "theoretical build date.

The Rs market value at present is $90K at least due to ADMs. Dealers have created the damage spread themselves here. Ironic. Your damages is the value of the car with the average ADM. This adds roughly $40K to the list right now. Solution. It's easy. They get you an R at list as agreed.

That's how I would handle it. You may of course handle it as you wish.

 

[four-walling]

Blaze: My advice. The time of playing nice is over.

You ordered an R. You have a signed contract for an R. You deposited money for the R.

It is curious how machinations of buying a car differ from state to state.

In CA, a deposit don't mean sh*t.

If you order a vehicle, say a Porsche, in an oddball color with strange optional equipment, the dealer is stuck with it if the prospect who ordered the car doesn't want it.

In CA, there is no such thing as a non refundable deposit.

Furthermore, a prospect cannot contract on a vehicle that does not have a VIN#.

Also, that car contracted with a VIN# had better show up at the dealer within 24-48 hours, or the buyer can walk.

 

[302 Hi Pro]

Yellow Blaze:

These last few posts have valid points both pro and con to your situation. This is why you should to take your Contract to an Attorney in your State for a consultation.

The Attorney will review the language in your Contract with the Dealer, and will be the best person to advise you if you have any recourse. There are Attorneys in every state that specialize in Automotive Consumer Affairs.

On another note, you just might have a Dealer who truly didn't know and made an honest mistake and has no R allocation.

It is a shame, but this could go either way, that is why you need a consultation.

Good luck and please keep us posted.

302 Hi Pro

 

[BlazeYellow]

I sent the following email this morning to the dealer's Ford rep and the dealer owner.
I have covered their names at this time.

Good morning Mr. XXXXX and Mr. XXXXX,
After having a couple of days to reflect I think the best solution to move forward is to reconfigure the order to a non R model.
Unless someone has come up with a creative way to acquire an R Model please reconfigure the order as follows:


900A Shelby GT350 - Shadow Black
60T Track Package
47S Over the Top Racing Stripes - Blue with Black accent 853
21S Full Vehicle Cover


Mr. XXXXX, Would you be able to expedite this order in any way since technically it has been in for 6 months?
Mr. XXXXX, Any concessions on pricing would be greatly appreciated.


Hopefully this solution will allow all of us to put this unfortunate situation to rest without any further complications.


Please advise ASAP.


Respectfully,
Jimmy Austin


I'll let you know their reply.

 

[VoodooBoss]

That's your best course of action. Good luck.

 

[302 Hi Pro]

Very well, let us know how that works out for you.

All the Best,
302 HP

 

[TMSBOSS]

Agree.. Lawyers usually attract other lawyers. I am yet to see a lawyer speed up a decision. They are thorough, deliberate and steady.

Good luck with your purchase.