I bought a new Mach-E on Tuesday, 6/14

kennelh

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Hmm, we financed the car with Ford Motor Credit, so apparently they were able to do that on 6/14. Should we be worried about something there?
Maybe @hybrid2bev can give some insight on whether Ford Motor Credit would approve the financing in this situation.
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StillWaitingForMachE

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So I found myself in the exact same situation.

- Warranty has not started as dealer cant Register the car sold with Ford.

- Dealer has provided me a brand new Ford Explorer at no cost until the car is returned

- Dealer was willing to refund my money until the car is ready for pickup.

- Dealer has agreed to pay my interest incurred prior to refund

- Dealer will be providing winter tires at cost in the fall

- Dealer has promised to provide a gift card for a nice family meal when I pick up the car.


The situation sucks, I fell in love with the car in the short two days I had it. However, they are trying to keep me happy.
Sounds like they are least took good care of you. Did you get it at MSRP?
 

StillWaitingForMachE

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One final thought:

Because it was not returned to the dealer since it technically should never have left, if the car did experience a HVBJB failure and was bricked, could Ford (AND the dealer) refuse to warranty it on account of it should have never left the dealer and the dealer made an effort to get it back?

Just wondering...but something to consider.
 

tesla2mme

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everyone else has said this but DO NOT give them the car back unless you get a car in-kind. If itā€™s an ICE car then you need them to give you a gas card too.

Fuck them, and the Mustang they rode in on.
 


hybrid2bev

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Maybe @hybrid2bev can give some insight on whether Ford Motor Credit would approve the financing in this situation.
Sorry Iā€™m not sure what the question is.

As far as I know thereā€™s no stop sell itā€™s only a stop delivery order. The dealer can sell you the car you just canā€™t have it until itā€™s fixed.

Ford Credit would not know what day you took delivery (physical possession) only the sale date/contract date.
 

FLmac

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One final thought:

Because it was not returned to the dealer since it technically should never have left, if the car did experience a HVBJB failure and was bricked, could Ford (AND the dealer) refuse to warranty it on account of it should have never left the dealer and the dealer made an effort to get it back?

Just wondering...but something to consider.
I would think since it canā€™t be warranty registered it technically wonā€™t be in their name. Iā€™m sure they would figure it out but Ford roadside or FMC wouldnā€™t be able to help since they donā€™t show it being owned. I also think getting any warranty work done at another dealer wouldnā€™t happen because they wouldnā€™t be paid. Just speculation.

Did they pay ADM or MSRP?
 

DennisD

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The dealer covered their butt by asking the customer to bring the vehicle back in for service and thatā€™s all they can do. If the customer doesnā€™t take the advice from the dealer and the vehicle leaves the customer stranded somewhere, whoā€™s fault is it?

Like I said before, a mistake was made by the dealerā€¦..simple as that.

They did the right thing by asking the customer to bring the vehicle back. The wrong thing would be if they didnā€™t ask the customer to bring it back.

What if the vehicle didnā€™t have a stop sell on it and after a few days, something goes wrong with the vehicle and it has to go in for service. Are you saying that the same or any dealer should provide a free loaner vehicle and maybe even a gas card if said loner is an ICE vehicle?

Like I said beforeā€¦..LOANER VEHICLES ARE A PERK OFFERED BY SOME DEALERS. Dealers are NOT required to provide a loaner vehicle when a vehicle is in for warranty work.

The bottom line is that this is nothing more than a warranty claim.

Let me tell you how the real world works and not some fantasy of the past.

This dealer does not care if the OP purchases another vehicle from them or not nor would they care if the OP backs out of the sell entirely.

They would just repair the vehicle and re-sell it.
The Dealership did the wrong thing and if they are a reputable Dealer, they should/will make it right.

Now while you are correct in many of your assumptions, you seem to exhibit a sense of anger (with the cap locks thing) suggesting that this is a fantasy in the past to make things right. I am not sure whom you are directing your anger to?

Now if the person did not take delivery of said vehicle, that would be a whole different story. But because they (the Dealership) sold it under false pretenses, the only way IMO to cover their butt would be to bend over backwards to make it right.

The Dealership did not ask for it back to cover their butt, they asked for it back because that is the law/rule. They in effect broke the law/rule when they sold it.

If they want to cover their butt, they best do everything they can to make the customer happy so as to not have this blow up in their face. I am guessing the Dealership would want this hushed and nothing spoken on this to Ford and pretend nothing happened wrong on their end.

That (in the real world) is how things are usually handled. ;)
 

hotfartz

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Wondering if someone from Ford could help sort this.

Selling a new car under recall is one thing. Leaving someone to foot the bill for their mistake is another.
 

AKgrampy

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Sorry Iā€™m not sure what the question is.

As far as I know thereā€™s no stop sell itā€™s only a stop delivery order. The dealer can sell you the car you just canā€™t have it until itā€™s fixed.

Ford Credit would not know what day you took delivery (physical possession) only the sale date/contract date.
I believe the question is, and I may be wrong, but in this case the dealer did deliver the car unknowingly. It appears when they attempted to process the sale thru Ford they could not due to the recall. The car was financed thru FC. I think the questions is are there any ramifications for the consumer?
 

hybrid2bev

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I believe the question is, and I may be wrong, but in this case the dealer did deliver the car unknowingly. It appears when they attempted to process the sale thru Ford they could not due to the recall. The car was financed thru FC. I think the questions is are there any ramifications for the consumer?
Thatā€™s a solid maybe.

Ford Credit is not a direct lender. Financing contracts are bought by Ford Credit from the dealers. If the dealer is not able to process the sale with Ford Motors, the dealer could request Ford Credit to ā€œflat cancelā€ the contract. Which means the contract sale to Ford Credit is nullified.
 

GreaseMonkey

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They did leave us hanging, havenā€™t they?

@dracisk , care to share what happened? You can charge for tickets at this point :) you know, towards gas for the summer.
 
OP
OP

dracisk

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Sorry, I've been reading all the replies but having a hectic weekend. To answer one of the most recent questions we paid $3k ADM. We haven't heard from the dealer since Friday afternoon. The last we heard they were looking for a loaner for us. Supposedly they were going to call us Saturday morning. šŸ˜‚ šŸ¤·ā€ā™€ļø We still have the car.

I have to put a child to bed but will come back shortly and answer more questions.
 
OP
OP

dracisk

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https://www.autofraudlegalcenter.com/10-day-rule-when-can-sellers-cancel-car-dealership-financed-contract/#:~:text=If you buy a car,language of the purchase contract.

I see that you are a lawyer and you should be "up to speed" on the above link. Not sure on what happens if you pay cash though?
Yes, I'm a lawyer but my area of expertise has nothing to do with this situation and law school was 20 years ago. šŸ˜‚ I don't think I have any friends who specialize in this area of law, unfortunately. I agree with the poster who said that what you posted concerns spot delivery, the rules about which vary state by state. We're in Maryland, which has a 4-day rule.

You can absolutely keep it but they will not be able to punch it sold with Ford until the recall is fixed which means they will not be able to register it. I am sure they can get you a loaner but unsure if it would be an EV since they are so hard to get. Try to see if you can get a normal gas loaner. Otherwise youll be driving around in expire tags once the paper ones go out.
@Rfehl62 Can you (or can someone else) elaborate on this ^? Our temporary tag expires on 8-13-22, and it seems the recall issue won't be resolved by then. Are we not going to be able to get permanent license plates from our DMV? We're traveling this week and could try to get our plates next week, but we were hoping to know what to expect.

Also, if the financing hasnā€™t gone through, and you havenā€™t truly bought the car yet, itā€™s probably not insurable by you. What happens if you total it?
We insured the car before we drove it off the lot. The bank we got the loan with (via Ford Motor Credit) is listed as the lien holder on our policy.

OP didnā€™t say if they did a trade-in on the MME purchase. If they did, then that could be the loaner and driven on a dealer plate.

Then again, any used car on the lot can be a loaner.
We traded in a 2008 Honda that needs work. We bought the MME now because we're going on a road trip on Tuesday (along with a longer one in July) and we didn't want to take the Honda. I hope it's true that any used car on the lot can be a loaner. They have some used Teslas....

It appears when they attempted to process the sale thru Ford they could not due to the recall.
That may be true, but no one from the dealership told us that. They called us 3 days after we took possession of the car and told us we need to bring it back because there was a recall. They sent us a photo of the recall notice. No more details or explanation than that. I'd love to know about any ramifications to us if don't return the car -- that's why I posted here in the first place.

We're certainly not trying to screw the dealer. This is our first transaction with them and it was OK aside from this major screw-up (though completing the actual transaction of buying the car took FOREVER). We just don't want to bring the car back to them and be left without a reliable car for months. Also, we like the car. :) If they'd called us Monday (6/13) and told us not to come in Tuesday to buy the car we'd have found another option so we'd have a car that we could take on a road trip this week. We'd love an EV loaner, but if that's not possible an ICE loaner with a gas card would also work. I don't think we'd ask for any part of the penalty they're subject to. As an aside, I'm not even sure what bringing the car back to them actually accomplishes. They already delivered the car to us, so aren't they already subject to the fine?
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