Has anyone that did the 2004 lightning ford powerlease program looked into a law suit or class action suit?

If someone else has looked into this please let me know so I do not recreate the wheel.

I am one of the 100 powerlease takers that signed up to lease a 2004 lightning which would then give us a certificate to purchase a new lightning or cobra.

I traded a perfectly good 2000 lightning for this option. I would not have made the change or gone to a lease without the ability to be in the front on the line to purchase a next generation lightning.

I just got off the phone with SVT (Matt) and he said that Ford as we all know are not going to produce the lightning and they were suppose to have sent out letters to the powerlease takers explaining their options but the letters have not gone out. I asked Matt if he knew what the options might be and he said he did not. He said they have run it by the Ford legal team and they feel they do not need to offer the powerlease takers anything.

I am not sure about anyone one else but I would not have signed up to lease 2004 L without this program.

Here is the info on the PowerLease program:

If you've been asking yourself, "Do I buy a 2004 SVT vehicle, or wait to get into the next-generation version?"
– then SVT has the perfect answer for you: the SVT PowerLease. For a limited time, Ford SVT is offering an innovative new program called the PowerLease that'll put those who just can't decide into a win-win situation.
PowerLease gives customers the opportunity to drive a new 2004 Mustang Cobra or F-150 Lightning on a short-term lease that will expire when the next-generation vehicles are launched. What's more, PowerLease includes a transferable priority option to lease or buy a next-generation 2006 SVT F-150 Lightning or 2007 SVT Mustang Cobra when they enter production (currently scheduled for late 2005 and mid-2006, respectively).

Here's how it works: Simply visit your SVT-Certified Ford dealer and PowerLease a new 2004 Cobra or Lightning between April 1 and June 30, 2004. Approximately 30 days after the PowerLease program expires (the end of July 2004), your PowerLease Option document will be mailed to you, giving you an option to be "first in line" to order a next-generation model when it becomes available. SVT will remind PowerLease Option Holders about ordering opportunities roughly 4-6 months before the start of production. Should you exercise your Option, you'll receive priority scheduling for producing your new vehicle. In other words, when production of the 2006 SVT F-150 Lightning and 2007 SVT Mustang Cobra begins, orders from SVT PowerLease Option Holders will be produced first.

With an SVT PowerLease, you not only get a great lease rate while you enjoy driving a 2004 Cobra or Lightning, but you're also assured to be among the very first to be driving the all-new, next-generation SVT vehicles as soon as they reach dealer showrooms. But this special offer expires on June 30, 2004, so don't delay.

 

I'm gonna go out on a limb here and say since you are out 1 (one) priority spot in line for a new SVT product and aforementioned priority spot in line has (edit: had) a value of $0 dollars you don't have much of a case. Feel free to consult a lawyer though, as I am not one (I just deal with them a lot). The whole PowerLease thing was an awesome marketing trick.

 

Thanks for your perspective, I hope you are wrong.

I am working under the premise that they are under contract with me to sell me a next generation since they promoted the sell that way and signed a document showing they would sell me the next generation L at msrp.


greg

 

What does the fine print say on the papers?

 

Maybe I was not clear in my original post.

Has anyone looked into this matter?

what are the legal rights of a power leasee when one sign up under a program and the other party does not deliver?

There was not fine print it simply stated that you will be given bla bla bla if you lease bla bla bla

I do not know the answers to these questions which is why I posted

 

I was lucky I guess. They tried to get me to lease mine, but I don’t like to lease anything, so I just bought it, and took advantage of the 0% financing. I have not heard of any law suits on the matter, but my brother (a lawyer) has told me that one way they (ford) has protected themselves from any possible lawsuit is by still making the Cobra's. Since it says you will be first in line for either of these, and the Cobra's will be made, then they can use this argument for satisfying the agreement.

Just my 2 cents.

 

Talk to an attorney about promissory estoppel.

 

Thats a good point. Essentially they have till 2007 to make good on their contract. Till then looks like you have to wait.

 

Thanks for the direction l-menace.

I will await my letter from Ford and hope that others that signed up for the powerlease step up if they feel they did not get what was promised.

promise which the promisor should reasonably expect to induce action or forebearance of a definite and substantial character on the part of the promisee and which does induce such action or forebearance in binding if injustice can be avoided only by enforcement of the promise.


A contract is any promise or set of promises A promise is a transaction between two persons whereby the first person undertakes in the future to render some service or gift to the second person or devotes something valuable now and here to his use.

greg

 

Clause – Any printed or verbal communication that makes the slightest hint that the main party can back out for unforeseen reason not under their control. Lest us forget that any major contract written by a major company such as Ford is guaranteed to be legally written so if due to some business decision (scrap the Lightning) Ford is off the legal hook…


As was mentioned, if the contract stated “any” SVT or listed more then one model (i.e. Lightning, Cobra etc) Ford does not have to give the buyer want the buyer demands but rather Ford “only” has to offer “an” SVT. If the Cobra is produced in 2006.

Here is the key word in bold:

”PowerLease gives customers the opportunity to drive a new 2004 Mustang Cobra OR F-150 Lightning”

The key word is OR, therefore if Ford does not come out with a Lightning in 2006 or ever there is nothing “legally” you can do since you will most likely have the option of the Cobra…

 

thanks for the the response

did you read the agreement?

The OR part of your quote is for the part delivered not the part promised.

”PowerLease gives customers the opportunity to drive a new 2004 Mustang Cobra OR F-150 Lightning” I chose the the Lightning

Ford promised to people that did a powerlease to be the first inline to order the next generation SVT model of our choice. There is no OR in the statement.

The catch me be in the words "when available" but that does let them off the hook by the definition of the law.

Either way I am still waiting on my option to order the new cobra which I understand is not going to be offered either.

Maybe I misunderstood your post, if so please clarify


thanks greg

 

Did you choose Lightning in writing ???

the cool part about dealing with Car dealers is most EVERYTHING they give you is verbal while EVERYTHING You give them has to be signed in blood

Must be great to work that way .. Everything skewed in your favor

Doug

 

Yes, I did choose a lightning. I had the dealer put it in writing on my sales order for the 2004 L that I would be getting a 2006/7 lightning.

Either way it does not change how the law reads as it implies to a promise or fords wording in the agreement.

 

2004 Mustang Cobra OR F-150 Lightning

Ford promised to people that did a powerlease to be the first inline to order the next generation SVT model of our choice.


“OR” means they can offer either vehicle.

“SVT model of our choice” further signifies that you have a choice of whatever SVT model they “may” have. It seems the case may be you will only have “one” choice, the SVT Cobra.

Don’t misunderstand me because I do think it sucks you won’t be getting a Lightning as you had been led to believe by some dealer but at the end of the day any money you spend on a lawyer and/or lawsuit will get you nothing in return.

As far as this statement:

” Yes, I did choose a lightning. I had the dealer put it in writing on my sales order for the 2004 L that I would be getting a 2006/7 lightning.”

If that is true then your dealer might have a legal problem but Ford will not. Ford is not responsible for any promises their dealers make…

Just be happy you at least got the latest Lightning…

 

Also, talk to a lawyer about ripeness.

The action must be ripe, before it is actionable.