Need Possible Legal Advice - Weird Scenario
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Senior Member
Joined: Sep 2006
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From: Metro Detroit
Need Possible Legal Advice - Weird Scenario
Hello,
Been almost 8 years since I've last posted. Here's a scenario I'd love some input on. Really what I am looking for is whether my brother or I have anything to worry about. I'll try to keep it short and concise.
I leased a 2019 f150 on A plan. The plan was through my wife's Aunt who is retired from Ford. I turned the lease in and did not re-lease. I was thinking about buying outright but at the time wasn't sure. Because I didn't buy new or re-lease again, I had a $400 disposition fee I was stuck with. Fine, I get it. In order to have that fee waived, I either had to lease a new Ford vehicle, buy a new Ford vehicle or purchase a factory certified used vehicle. I got a new A plan code in my name good for a year while I pondered my decision.
I decided to buy a 2017 f250 that was not Factory Certified, so I was still stuck with the $400 fee and had no use for my A plan PIN. My brother wanted to order a 2022 F250 Platinum from the same dealer I was purchasing my used f250 from. The sales rep at dealership suggested we order the 2022 F250 in both our names (his idea, not ours) which would allow me to waive the $400 disposition fee and allow me to extend my A plan to him, again because the new truck would be in both our names. Great! It saves me $400 and my brother close to $9,000... We place the order in both our names and wait 6 months for the truck to come in.
Here's where it gets interesting: The sales rep calls my brother and tells him his 2022 Platinum truck is in and ready to be picked up. My brother asks the sales rep no less than 3 times before taking delivery, does my brother (me - who has the A plan PIN) need to come down and sign the paperwork also? He reminds the rep that the A plan code is in my name, not his. Rep tells him no, you are all set. My brother comes down, signs the paperwork solo, hands over the payment and drives off with the truck.
Now, the sales rep is blowing up my brother's phone saying he needs to get an A plan in his name or come pay the difference. We reminded the rep of the arrangement THAT HE RECOMMENDED and confirmed prior to taking delivery that he said I didn't need to be there to co-sign. Rep is insisting that we need to go back to the dealership and either give him an A plan code in my brother's name (which we don't have) or pay the difference. WTF? - Does the dealer / rep have any recourse on this because this was obviously their mistake, or can they can come after my brother. Again, we have the truck, signed purchase agreement with A plan pricing and the title is already in his name free and clear. Should we just tell the rep to go pound sand? Anyone ever have a situation like this?
Been almost 8 years since I've last posted. Here's a scenario I'd love some input on. Really what I am looking for is whether my brother or I have anything to worry about. I'll try to keep it short and concise.
I leased a 2019 f150 on A plan. The plan was through my wife's Aunt who is retired from Ford. I turned the lease in and did not re-lease. I was thinking about buying outright but at the time wasn't sure. Because I didn't buy new or re-lease again, I had a $400 disposition fee I was stuck with. Fine, I get it. In order to have that fee waived, I either had to lease a new Ford vehicle, buy a new Ford vehicle or purchase a factory certified used vehicle. I got a new A plan code in my name good for a year while I pondered my decision.
I decided to buy a 2017 f250 that was not Factory Certified, so I was still stuck with the $400 fee and had no use for my A plan PIN. My brother wanted to order a 2022 F250 Platinum from the same dealer I was purchasing my used f250 from. The sales rep at dealership suggested we order the 2022 F250 in both our names (his idea, not ours) which would allow me to waive the $400 disposition fee and allow me to extend my A plan to him, again because the new truck would be in both our names. Great! It saves me $400 and my brother close to $9,000... We place the order in both our names and wait 6 months for the truck to come in.
Here's where it gets interesting: The sales rep calls my brother and tells him his 2022 Platinum truck is in and ready to be picked up. My brother asks the sales rep no less than 3 times before taking delivery, does my brother (me - who has the A plan PIN) need to come down and sign the paperwork also? He reminds the rep that the A plan code is in my name, not his. Rep tells him no, you are all set. My brother comes down, signs the paperwork solo, hands over the payment and drives off with the truck.
Now, the sales rep is blowing up my brother's phone saying he needs to get an A plan in his name or come pay the difference. We reminded the rep of the arrangement THAT HE RECOMMENDED and confirmed prior to taking delivery that he said I didn't need to be there to co-sign. Rep is insisting that we need to go back to the dealership and either give him an A plan code in my brother's name (which we don't have) or pay the difference. WTF? - Does the dealer / rep have any recourse on this because this was obviously their mistake, or can they can come after my brother. Again, we have the truck, signed purchase agreement with A plan pricing and the title is already in his name free and clear. Should we just tell the rep to go pound sand? Anyone ever have a situation like this?
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Joined: Jan 2007
Posts: 10,636
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From: Vernon, NY
I've done my own "attorney" work for myself ONLY... and this is treading on fine lines. This wouldn't be waters I'd begin to tread on -- and this is from a guy who is willing to go out on a limb to save $$$$$ -- But hey, that's just me. 
If it goes to court, the outcome could depend on a few factors, but if it was by the books, the dealer is at fault for willfully allowing this to happen -- no restitution will need to be paid by you to the dealer.
Biggest part of this also depends on the jurisdictional laws and if the judge sees contempt on part of you trying to "abuse" the system -- restitution will need to be paid by you to the dealer.
Can go both ways or down the middle. This is money we are talking here, so it's not criminal, it would be a civil case. Judge may see fit where you pay half the restitution and slap the hammer.
*Also don't forget court costs and if you decide not to fight it yourself, attorney costs.
If it goes to court, the outcome could depend on a few factors, but if it was by the books, the dealer is at fault for willfully allowing this to happen -- no restitution will need to be paid by you to the dealer.
Biggest part of this also depends on the jurisdictional laws and if the judge sees contempt on part of you trying to "abuse" the system -- restitution will need to be paid by you to the dealer.
Can go both ways or down the middle. This is money we are talking here, so it's not criminal, it would be a civil case. Judge may see fit where you pay half the restitution and slap the hammer.
*Also don't forget court costs and if you decide not to fight it yourself, attorney costs.
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Joined: Aug 2005
Posts: 21,337
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From: DFW
They presented you with a contract. (their terms) and you agreed to it.... pretty simple to me? I think they would have to get you to sign a separate contract to agree the first one is null/void.
I don't claim to be an expert, just my personal opinion
I don't claim to be an expert, just my personal opinion
