Dealership attempted markup and then sold my reserved MachE to someone else in under 48 hours

[mateo]

False advertising, even without a contract, is still grounds for lawsuits. But typically I think that sort of thing would come from state attorneys on behalf of consumers. (I'm not a lawyer.)

Basically, if Ford advertises a price as MSRP and says the dealer markup is $0, but in fact it is $10,000, that is false and misleading. In the least, Ford itself (not the dealer) could be sued for that part. Whether or not you could win is another story.

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[RedStallion]

Beware of shady dealers, especially Frontier Ford in Santa Clara, CA. They added a $10K markup, and then sold my reserved car to someone else without telling me (and blamed me for it), all in less than 48 hours. I imagine @Ford Motor Company may be interested in this.

Details:

1. I place my online Mach E order in December 2021.
2. Dealership informs me my car arrived on Friday, 9/30.
3. I go in on Sat 10/1 and I learn of the $10K markup (more than 17%). I ask to speak to the GM.
4. They tell me the GM and sales manager are out of office that day until Wednesday, so they agree to have leadership call me first thing Monday to "see what they can do."
5. I agree and leave, and I email the salesperson as soon as I get home on Saturday to recap our conversation and say, in writing, "I look forward to speaking with your senior leadership on Monday to work this issue out when they call me. As mentioned please do not release the hold on my reservation until I speak with them.”
6. They sell my car the next day, Sun 10/2, without contacting me at all, after I waited nine months for it.
7. I email leadership (GM and sales manager) on Monday, under the impression it's still my car, and find out they sold it, and they blame me for it, saying "You said you didn't want it!"
8. After more useless back and forth, I ask the sales manager how it feels to be engaging in price gouging knowing that Ford is trying to clamp down on dealerships that do it. He replies, "I don't care. We are not Ford."

I have documentation and "receipts", including emails and voicemails, refuting every defense and changing story they have tried to give so far. I also reached out to the local news and Ford executive leadership. I wanted to spread the word to everyone in this community to be wary of this kind of thing. Be very careful which dealership you choose for your Mach E. Get everything in writing, and signed. And if nothing else, choose any dealership other than Frontier Ford in Santa Clara, CA.

Yelp: https://www.yelp.com/biz/frontier-f...opup&utm_medium=copy_link&utm_source=(direct)

Google Reviews: http://google.com/search?q=frontier+ford+santa+clara

That's just outrageous.
Frontier Ford is owned by Berkshire Hathaway Automotive: https://www.berkshirehathawayautomotive.com/dealership/frontier-ford.htm
According to California SOS, this is a Delaware registered company. You can find their information filing on SOS site: https://bizfileonline.sos.ca.gov/search/business
I would contact Berkshire Hathaway Automotive first, if that doesn't work, contact JEFFREY CHARLES RACHOR, who is the CEO. You can find contact information on the Statement of Information form.
The other thing you can do if file a complaint with the California Department of Consumer Affairs.

 

[Mach1E]

That's just outrageous.
Frontier Ford is owned by Berkshire Hathaway Automotive: https://www.berkshirehathawayautomotive.com/dealership/frontier-ford.htm
According to California SOS, this is a Delaware registered company. You can find their information filing on SOS site: https://bizfileonline.sos.ca.gov/search/business
I would contact Berkshire Hathaway Automotive first, if that doesn't work, contact JEFFREY CHARLES RACHOR, who is the CEO. You can find contact information on the Statement of Information form.
The other thing you can do if file a complaint with the California Department of Consumer Affairs.

While you may be able to get the dealer in trouble, what you won’t get is a car.

To sue you have to have lost something. “Not getting to buy something” isn’t really a calculable loss. OP will get the deposit back but no need to sue for that.

 

[SnBGC]

This very unfortunate outcome is the primary reason why I have cancelled all my orders for Ford products. I usually buy 5 or 6 vehicles per year. In 2021, they were all Ford vehicles. So far in 2022......zero Ford vehicles purchased. None planned for 2023 either. Will remain that way until I am able to lock in the purchase price at the time I place my order.

 

[Socalsp3]

While you may be able to get the dealer in trouble, what you won’t get is a car.

To sue you have to have lost something. “Not getting to buy something” isn’t really a calculable loss. OP will get the deposit back but no need to sue for that.

You can prove the opportunity lost of buying for mrsp from another dealer

 

[Rob Daman]

sorry you got scammed.

 

[redranger04g]

Here’s the GM’s Facebook and LinkedIn. The guy looks like a crook. These guys aren’t any better than hackers or scammers. Not sure how this guy sleeps at night making a living screwing over people.

https://m.facebook.com/omar.nabizada.31/

https://www.linkedin.com/in/omar-nabizada-0a8140142

 

[Anthropod]

Here’s the GM’s Facebook and LinkedIn. The guy looks like a crook. There’s guys aren’t any better than hackers or scammers. Not sure how this guy sleeps at night making s living screwing over people.

One summer in college, I worked for enterprise rent a car as a car prep (cleaned out and washed cars). Every new employee had to watch a video that was a feel good make the customer happy video. Afterwords the manager came in and said yeah, all that is a bunch of BS. He then gave me a speech about how I couldn’t look at the customers as humans, but as my adversaries. Keep in mind I was just cleaning cars. He then basically said if there’s any damage that I see report it as soon as possible so we can blame the next customer. He was actually nice to me over the summer, but I saw him be really horrible to many a customer. He got promoted during my time there. My guess is this GM is cut from the same cloth.

Just FYI, I never reported any damage, and I was never asked why not.

 

[SWO]

Dealers are destroying Ford's brand image with these stunts.

 

[Anthropod]

Dealers are destroying Ford's brand image with these stunts.

They sure are, and it's hard to separate the dealer and Ford from the issues. Who's to blame? The dealership I have been working with seems to be on the up and up. I don't have the car yet, so I don't know if they will play any games, but they have been very transparent and forthcoming with information without making stuff up.

 

[Mach1E]

You can prove the opportunity lost of buying for mrsp from another dealer

You can.

And that opportunity lost is worth $0.

Car sales aren’t binding contracts. Either party can walk away at any time.

It sucks, but this crap happens all the time. And what you don’t see are ANY winning lawsuits.

Again, you CAN try to get the deal in trouble (BBB, Ford, state attorney etc).

But without a binding contract, how could you FORCE them to sell you anything?

 

[SWO]

They sure are, and it's hard to separate the dealer and Ford from the issues. Who's to blame? The dealership I have been working with seems to be on the up and up. I don't have the car yet, so I don't know if they will play any games, but they have been very transparent and forthcoming with information without making stuff up.

The lobbyists for the dealers/state laws are mostly to blame, IMO. Ford is fighting this with one hand behind their back, though I think Farley has been pushing them.

 

[mateo]

Again, it is illegal to advertise one price and sell for another. There doesn't need to be a contract.

Whether or not the dealership itself is "advertising" MSRP might be questionable, but Ford DEFINITELY did when it says that the dealer additional price is $0. It is a scam and illegal. @Ford Motor Company should be held accountable for this fraudulent behavior. Don't trick people into saying the dealer markup is $0 when it's not. They would be better off removing that deceptive line item.

Some recent similar cases:

https://illinoisattorneygeneral.gov/pressroom/2020_08/20200812.html

https://patch.com/rhode-island/cranston/2-rhode-island-car-dealerships-accused-deceptive-pricing

https://www.cbsnews.com/boston/news/massachusetts-deceptive-advertising-car-sales/

> Massachusetts Attorney General Maura Healey told the I-Team her office has received dozens of similar complaints like Sturzenacker's. Healey said "It's illegal for a dealership to advertise one price and you walk in the door and be told a different price. You have to be honest about the price you're selling a car for. We heard certain dealers who are not complying with this."

 

[Mach1E]

Again, it is illegal to advertise one price and sell for another. There doesn't need to be a contract.

Whether or not the dealership itself is "advertising" MSRP might be questionable, but Ford DEFINITELY did when it says that the dealer additional price is $0. It is a scam and illegal. @Ford Motor Company should be held accountable for this fraudulent behavior. Don't trick people into saying the dealer markup is $0 when it's not. They would be better off removing that deceptive line item.

Some recent similar cases:

https://illinoisattorneygeneral.gov/pressroom/2020_08/20200812.html

https://patch.com/rhode-island/cranston/2-rhode-island-car-dealerships-accused-deceptive-pricing

https://www.cbsnews.com/boston/news/massachusetts-deceptive-advertising-car-sales/

> Massachusetts Attorney General Maura Healey told the I-Team her office has received dozens of similar complaints like Sturzenacker's. Healey said "It's illegal for a dealership to advertise one price and you walk in the door and be told a different price. You have to be honest about the price you're selling a car for. We heard certain dealers who are not complying with this."

I’ve said multiple times “it’s illegal” and you can “get the dealer in trouble.”

But you know what you don’t see in any of the examples you posted above?

The consumer getting $$ or a car.

Dealer gets a fine and is told “not to do it again.”

That doesn’t help the OP get a car.

 

[ripperAZ]

Ford Customer Experience Representative at 800-334-4375.
This is the phone number to use to change your dealership. Once an order has been placed I would also mention the behavior of the dealer and use local media like an on your side advocate that many TV stations have to inform others of the dealers obvious nonsense.

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