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Discussion Starter #1
We recently purchased a 2012 Ford Focus (about a month ago). We received a call from the Ford dealer today saying that they made an error with the paperwork and set us up with the wrong interest rate with Ford Credit Canada, and Ford Credit will not accept the paperwork as is.

Given that we have already purchased this car (a month ago), signed all of the paperwork prepared by the dealership (who assumably is some kind of authorized agent of Ford Credit), is it really our problem if they made a mistake? Will we be forced to accept a higher interest rate?

To me this seems like it is an issue between Ford Credit and our dealership, rather than an issue between us and the dealer or Ford Credit. Though I am not an expert.

Any insights would be appreciated.

Thanks.
 

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I'd call a commerce lawyer and get a consultation ^^^
 

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i always heard once its signed, its final. there was a guy on the mustang forum that traded for a 2011 mustang gt and the paperwork was screwed up and had the price for a base model ranger or something like that. Instead of 31k he was charged like 21k and after the trade he only owed like 6k or something.
 

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Discussion Starter #5
i always heard once its signed, its final.
That's what I'm thinking. Otherwise, what's the point of having a contract in place if one party can just back out of it after the fact?

My only concern is what the consequences are if Ford Credit "will not accept the paperwork as is", as the dealer says. I believe them when they say this, as Ford Credit has indicated that they do not yet not have an account set up for us or for our vehicle. And if they don't have an account, I assume there is no way for us to make our monthly payment.
 

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I would say if they try to raise your interest rate, try to give them the car back. They won't like that very much ;)
 

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I would call the dealer and tell them that you will let them know what you are doing once you have consulted with an attorney. Then I would call one or two and discuss it with them to see what your options are.

If you are able to get financing with a credit union you would be better off to do that and then just take ford a check. Credit Unions usually have better rates anyway.
 

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Sounds like a bait and switch to me. You are not obligated in anyway to accept anything other than what you signed for....though Canada laws may be different...but this is a huge no no in the US. Only suckers get duped with this, though if they get caught the penalties are so high I doubt any dealerships do this here.
 

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This is a mistake, however it is not a mutual mistake. You got the interest rate you agreed to pay. It is a unilateral mistake, the dealer alone made the mistake by offering you a lower rate than they intended to. Normally the party making a unilateral mistake is stuck with it.

I would recommend you talk to a lawyer and confirm this under Canadian law. Then have him send a letter to the dealer telling them to:

POUND SAND!

Getting a lawyer is worth it because it is not you telling them how it is going to be, it is the lawyer and he has his letterhead that reinforces his statements.
 

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If it is simply a calculating error as in the calculator made a mistake and the dealer did not do the math in the correct order, then you are responsible.

However, if they gave you say, a 2.9% rate and now looking back at the contract and saying you should have only qualified say for 6.9%, then it is there problem.

A simple math mistake is just that, a mistake, but a promise of a preferred interest rate then switching upwards is their problem.

There is no difference then them selling you a $30,000 car for $25,000 and then calling you back to say that they did not make enough money on the sale, so would you please come in so they can make more money.

In my case, I bought the vehicle on the day that Ford offered the $1,000 incentive on the Focus, I picked up the car at 0930 and upon getting home and getting the e-mail from Ford of the $1,000 offer, do you think the dealer honored this? not a chance I had already signed and taken delivery of the vehicle.

Rather then spend $3-500 for a lawyers opinion and subsequent letter I would call Ford corporate HQ and ask them what gives, is this really the way they do business, then I would call the local networks if they are not going to make things right.
 

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If they try to bump you up in the rate of interest, I believe it was said a couple times already, POUND SAND!

If it was a calculation error, and you agreed to the bottom line of $XX,XXX.00 it is their fault again, and state that you agreed to the bottom line dollar figure!

Either way, I would do as some said, consult an attorney or at least say that you will before returning to the dealership.

DO NOT SIGN ANYTHING IF THE COST CHANGES IN ANY WAY!
 

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The contract is signed.
 

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I wouldn't waste a penny on a lawyer. The contract is signed, so it's a done deal. I wouldn't worry much (even if the dealer devolves into threatening you).

If the shoe was on the other foot, wouldn't they say the same to you? Best of luck with this.
 

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This is called a "Spot Delivery" scam and is one of the most common financing scams dealers use.

Unfortunately, you probably signed an agreement that says the deal is contingent on the financing being approved. Or perhaps they had you sign a "borrowed car agreement" (BCA). Either way, it's very sneaky and the dealership knows it.

Check your agreements carefully and see whether you signed a true loan agreement or not.

Your options right now are:

1) Sign a New Loan Agreement with the Dealer
2) Setup Your Own Financing
3) Return the Vehicle

Here's an article on the spot delivery scam:
http://www.realcartips.com/carloans/405-car-financing-spot-delivery-scam.shtml
 

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This is a tactical move on their part to get you to cave in and pay more money.

Chevy tried to pull the same move on me, so I went in and ripped the contract up, ignored their counteroffer, then went and got my Focus the next night.

What someone suggested i do after the fact is this:
Go into the dealership, argue your case that a deal was signed and they should honor it. If they still say no, then do this- Go into the showroom, call for everybody's attention, and simply warn everyone to not sign a contract since that Ford dealership will not honor it.

A family friend of mine did this a few years ago, and needless to say they ended up honoring his original contract.
 

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Give the car back do not sign higher interest rate

Sent from my Nexus S 4G using Tapatalk
 

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This is a tactical move on their part to get you to cave in and pay more money.

Chevy tried to pull the same move on me, so I went in and ripped the contract up, ignored their counteroffer, then went and got my Focus the next night.

What someone suggested i do after the fact is this:
Go into the dealership, argue your case that a deal was signed and they should honor it. If they still say no, then do this- Go into the showroom, call for everybody's attention, and simply warn everyone to not sign a contract since that Ford dealership will not honor it.

A family friend of mine did this a few years ago, and needless to say they ended up honoring his original contract.

love it!
 
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