Possible legal issues with dealer. Help is appreciated

[68RustBucket]

My mother ordered her 2005 Redfire GT Convertible back in late december / early january. She had a VIN for the car, and was told when the car would come in. It was supposed to be here 2 weeks ago now. The dealer (Kindle Ford in south jersey) said it would be another few days, so we waited. Then they said this again. Now, they are telling her that it'll be another 3 weeks and have attempted to sell her a couple other mustangs that were not what she ordered. After talking to the dealer for sometime, she noticed that the VIN on the car they said would be there in 3 weeks has a different VIN than what she originally ordered. This news is leading me to believe that they sold her car to someone else. Since she put a down payment on the car 6 months ago, is it legal for them to take such an act?

I would appreciate if anyone could point me towards any laws that may refer to this sort of situation. This dealer has put her through enough stupid **** now and its getting out of hand. My ma just wants her mustang already, and i want her to be happy. Any help is greatly appreciated

 

[SpazHairlip]

Do a car facts search on the VIN number of the car she had on order. If it's out there and belongs to someone else, sue them.

 

[TEAShea]

It is important to read the written agreement between your mother and the dealership. What does it say? Is it a firm agreement, with the VIn listed?

TEAShea

 

[Jenns01TA]

Most important part, did Mom put any money down on that particular vehicle? EDITED >> Yes she did.... Okay....

I am not sure the plan that it was ordered under, however, I do not think you have actual legal recourse unless she put money down and the contractural obligation stiplulates the exact VIN. The car, technically is not yours (possession defined under Uniform Commercial Code) until you have completed the contracts and signed all the paperwork.

If she did put a deposit down then you may have some recourse. Limited to getting your deposit back. >>>> EDIT - This is going to be your limited recourse, boss, sorry..

For legal language you can reference the Uniform Commercial Code.

Good Luck. I would, personally, consider going to a new dealer. If this is the service and treatment you are getting on a pre-sale, imagine what you'll get if you encounter a service issue?

Jennifer

 

[Wsmatau]

Jenn is exactly right. Although it doesn't seem right, unless you have a buyers agreement that designates a specific car (VIN) you don't have any legal recourse. Even a DORA doesn't signify a contract. I would suggest searching forums for a good recommendation for another local dealer. Best of luck!

 

[Arkham]

You may want to instead call up Ford and yell at them. They would have a bigger stick than going for a lawyer.

 

[vetteski]

Did she get an order confirmation at the time of placing the order? Did she go to the dealership inventory manager and get a copy of the invoice from Ford with her name and the VIN on it? Call Ford Customer Relations and file a complaint....its easy. Then find out who the Ford zone dealer operations manager is and call them and complain....referencing the number from Ford Customer Relations. Then fill out a form for the Better Business Bureau and get a complaint number from them...thats easy, too. Then write a letter to the GM and dealership owner and tell them what you think of them. Its crap when you place an order with a deposit and the dealership does not sell you the vehicle. Even if it is not illegal it is certainly unethical...and other business customers should know about it. So I would burn them as bad as they burned you. But I'm a vindictive SOB. Just ask GM Ron Campbell or owner LG Chavez of Burt Ford south of Denver. I got my GT after I found it sitting on the lot and after 5 hours of pure BS during the purchase...and this was a simple non-negotiable z-plan purchase. Give me a break. Good luck. Its true....all dealerships do suck. Their words are worthless.

 

[GT-03]

As mentioned, a lot of this depends on the amount of documentation from the dealer you have (not your own notes). While a DORA isn't a contract, is it evidence and evidence the dealer freely gave you.

I don't know... if it were me, I would send a letter to the dealership stating that I feel that I have a prior claim against the title of the vehicle, specifying the VIN, based on their accepted deposit from me. I would mention that you might take legal action against them, plus action against the person they re-sold your car to, too. Casually mention that this other customer will not be very happy to learn that the dealer just put them into the middle of a lawsuit.

Of course, as with any sort of legal rumbling, you can end the letter with an offering of a possible compromise. Maybe an additional $5K off the substitute Mustang GT convertible and a free "loaner" Mustang while you wait.

You know, this is really the nightmare we all have when we order a "special" car.

 

[ILikeBond]

Even in the absence of a written contract specifying that particular vin, you might be able to make out a claim for detrimental reliance if it takes you additional time, effort, and, most importantly, more money, to secure the same car with the same options elsewhere.

 

[ursastang]

Any lawyers on the boards?

I'm hesitant to give advice that concerns legal stuff.

I do know, however, that if you can get in front of the dealer principal of the dealership and give them the opportunity to talk about it, things often work out OK. Most (not all) dealer principals are actually pretty good people. I've worked for several good ones and one bad one.