Z-plan falling through; where do I stand?

[spittle8]

That's a shame, I almost asked to leave the car with the dealer until the PIN came through, but they made it sound so simple and routine. I'll talk to legal counsel tomorrow before I talk to the dealer. I want to keep the car and I don't want to screw the dealer, but I don't want to pay more than what I'd get with another dealer, and if possible I'd like to shed the service plan and alarm.

Thanks again.

[suss6052]

Originally Posted by Nik00117

Depends on if you drove the car home or not, if you did and registered it that creates an entire legal issue. Although you could play hard ball with them (Legal costs is alot)

They said they already put 250 miles on the car, so that means they took it home and probably also started to register it through the dealer when they went to buy it. That seems to indicate to me that the car can no longer be sold as new should they try and return it.

http://www.dmv.ca.gov/pubs/vctop/d05/vc11709_2.htm

"Notice to Public: Contract Cancellation Option

11709.2. Every dealer shall conspicuously display a notice, not less than eight inches high and 10 inches wide, in each sales office and sales cubicle of a dealer's established place of business where written terms of specific sale or lease transactions are discussed with prospective purchasers or lessees, and in each room of a dealer's established place of business where sale and lease contracts are regularly executed, which states the following:

“THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION

California law does not provide for a "cooling-off" or other cancellation period for vehicle lease or purchase contracts. Therefore, you cannot later cancel such a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign a motor vehicle purchase or lease contract, it may only be canceled with the agreement of the seller or lessor or for legal cause, such as fraud."

However, California law does require a seller to offer a 2-day contract cancellation option on used vehicles with a purchase price of less than $40,000, subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agreement for details.”"

The only loophole the op appears to have is if they can get the dealer to agree to change the contract, but chances are it won't be in their favor. The legal cause is the fact that they ended up having lied about qualifying for Z plan since they couldn't get a pin in the end and therefore the Z-plan price no longer applies, and they may at the least be liable for paying back Ford for the dealer commission, if not the remainder of the price difference outside of the rebate and other discounts qualified for.

[spittle8]

I did not lie about qualifying for the Z Plan, my grandfather worked for Ford for over 30 years and died on the job. I definitely qualify, but there is no way my grandma is going to remember his full SSN and the day he started working for Ford after he's been dead for almost thirty years.

[rangerbay]

Originally Posted by spittle8

Even if they weren't supposed to sell me the car without a PIN, I'm stuck paying the new price without the Z plan, which is already inflated? Surely that can't be legal.

If the vehicle was put in your posession by the dealer, with the knowlege that you were misguided by the dealership on the 4 digits of the social security, and then pumped up the price with worthless add ons, I would tell them a deal is a deal. They are feduciary, and as such cannot transact a contract and deliver the car to you. I don't know for sure if they have a case that would play out well for them in court. They wont be losing money if they keep the deal as you accepted. Service contracts and alarm systems are HIGHLY profitable! Sull up and be willing to go to court. You can represent yourself in small claims.

[spittle8]

Gotcha, thanks a lot!

[suss6052]

Originally Posted by spittle8

I did not lie about qualifying for the Z Plan, my grandfather worked for Ford for over 30 years and died on the job. I definitely qualify, but there is no way my grandma is going to remember his full SSN and the day he started working for Ford after he's been dead for almost thirty years.

I don't mean to argue, and I don't doubt that your grandfather worked for Ford, but if you and the dealer signed paperwork that turned out to be false because you didn't have the z-plan pin before going to the dealership then the fault lies with both parties. You for not actually ensuring that you had proof of eligibility and the dealer for being in such a rush to sign the paperwork and close another deal where they essentially sold the car at a decent profit + padded the bottom line with extra cost options.

I made sure that when I asked my living grandfather who had retired from Ford many years ago for the pin that I had all my ducks in a row, my drivers license, address, and everything all matched perfectly and I had my pin before I even set foot on a dealer forecourt with the intent to buy/ order a car, with a specific car /configuration in mind.

I did however go in first to check and see if I really liked the color I was thinking of since they did have a similar one in stock. However it was not equipped properly and was too old (it was a Job 1 car from 11-11 or 12-11, where as I wanted a Job 2 car with the full compliment of upgrades, plus it would be fresher.) There were none within a 100 mi radius as far as I could tell that were exactly what I wanted, so I ordered one.

You might be stuck with the car at the price agreed to, and the dealer might have to eat the commission, or you'll have to pay it back, I'm not really sure how that will work.

[Nik00117]

Pretty much tell them to take the hit, a deal is a deal.

I would personally would not of allowed you drive the car away without the stips being met, and if I did, and it backfired that was my fault.

[spittle8]

Originally Posted by suss6052

I don't mean to argue, and I don't doubt that your grandfather worked for Ford, but if you and the dealer signed paperwork that turned out to be false because you didn't have the z-plan pin before going to the dealership then the fault lies with both parties. You for not actually ensuring that you had proof of eligibility and the dealer for being in such a rush to sign the paperwork and close another deal where they essentially sold the car at a decent profit + padded the bottom line with extra cost options.

I made sure that when I asked my living grandfather who had retired from Ford many years ago for the pin that I had all my ducks in a row, my drivers license, address, and everything all matched perfectly and I had my pin before I even set foot on a dealer forecourt with the intent to buy/ order a car, with a specific car /configuration in mind.

I did however go in first to check and see if I really liked the color I was thinking of since they did have a similar one in stock. However it was not equipped properly and was too old (it was a Job 1 car from 11-11 or 12-11, where as I wanted a Job 2 car with the full compliment of upgrades, plus it would be fresher.) There were none within a 100 mi radius as far as I could tell that were exactly what I wanted, so I ordered one.

You might be stuck with the car at the price agreed to, and the dealer might have to eat the commission, or you'll have to pay it back, I'm not really sure how that will work.

Oh, I don't disagree at all - I dropped the ball and was uncharacteristically uncautious and irresponsible. I let myself be played, but I never lied about my qualifications, I just let myself be convinced it would be simple. My wife & I had just given up on a used car search and she relented to buying new, so I rushed through it all.

[rangerbay]

Originally Posted by spittle8

Oh, I don't disagree at all - I dropped the ball and was uncharacteristically uncautious and irresponsible. I let myself be played, but I never lied about my qualifications, I just let myself be convinced it would be simple. My wife & I had just given up on a used car search and she relented to buying new, so I rushed through it all.

Does your Grandma still receive his pension or some of his social security? If so, ther are social security numbers tied to both of those. You can get his SS#. A pension would have his last date of employement.

Good luck. I think you will come out to the good in this one! Just stick to your guns, and dont back down one inch. I was the manager for a huge boat dealership for many years, and I think your ingood shape on this one.

[Nik00117]

Me too I think you'll be fine stick to your guns.