Want to provide my experience with Earnhardt Ford (Chandler, AZ) today after having ordered a car through them. Their address is:
7300 W Orchid Lane
Chandler, AZ 85226
Telephone: (480) 893-0000
So, back in May 20, I had ordered a 2015 Mustang GT 50th Anniversary Edition from a dealer in Virginia for an agreed price of $5,000 above MSRP. In May 21st, I contacted various dealers in Arizona inquiring about their allocation for mentioned cars. After having talked to three of them, an internet sales manager (Gilbert De La Cruz) from Earnhardt Ford (Chandler, AZ) agreed to selling me one of their allocations for MSRP. After the agreement, I provided a deposit for $5,0000 (refundable). Given that we had agreed upon MSRP for the car, I had another friend whom was looking for the same car contact the same salesman, whom took a deposit of $5,000 after having agreed to sell him another car for MSRP.
I received the order confirmation with the price of $48,190 (MSRP on it).
I had multiple conversations with the salesman, all in which he stated that agreed sales price was MSRP.
By late October I had requested a non secured loan to pay for the car since the estimated delivery date for the car was November 12th. The bank was requesting a document from the dealer asking for agreed sales price, estimated sales tax, estimated title and registration, estimated dealer document fees so that they provide funding for the loan. I requested mentioned documents through emails, text messages, and voicemails and the salesman kept saying that he would have them ready, which he never did. By November 2nd I sent an email requesting information to be provided no later than 8:00pm on mentioned date. I did not receive an answer back.
My loan was funded on November 18th and money was deposited on my account. A cashier's check was then received on same date so that I could pay the dealer.
On November 20th I received a call from the salesman saying that car had arrived and that I could pick it up by Saturday. I decided to stop by the dealership today (21st) since I wanted to see the car. The salesman said that he could have it ready for me by the end of the day. So, I decided to go out, see the car, and take pictures. I was so excited to se a Sold sticker, knowing that I was the buyer. After having spent about 20 minutes looking at the car and taking pictures, I went inside the dealer. Another sales consultant (Ron Qayumi) came to "help me out" and he pointed to another 2015 Mustang GT, saying that all cars have an added mark up due to being a new commodity. I stated that I had agreed to MSRP with internet sales manager and that I was not going to pay more than agreed.
He mentioned that he said that he was going to help me out. Went some place and came back saying that markup was $10,000 since I was getting a limited edition car, to which I said no. I said that I was paying MSRP. He went some place and came back and said that we could work something out at $6,000 mark up, which , once again, I said no since I had an agreement with internet sales manager at MSRP. He, once again, went some place, and came back, at which time he said $5,000. One more time, I said no, that I was not paying anything more than MSRP.
I then went outside, just to clear my head. The Internet Sales Manager with whom I had made the original agreement with, came out and started apologizing saying that the Sales Manager had overridden his offer to me since he was not going to let got a limited edition car for less than $5,000 markup. I told salesman that I was not going to pay above MSRP since we had an agreement and that he needed to help out. After our conversation, he went inside and came out saying that mark up would be $3,000, to which I said no. He went inside and came back and said that he could make it work of I was willing to give $1,000. I said no, because we had an agreement, but, since I wanted the car, I would give the dealer $500 above MSRP. He went inside and came out with the Sales Manager.
Once the Sales Manager (John Ferrier) came out, things went downhill rather quickly. First he said that, since there was no written agreement, it would be a "he said/she said" thing which meant nothing. At mentioned time I said that I had the order confirmation with the MSRP price, to which he said that I only had an order confirmation and that it meant nothing. I then said that, I gave a $5,000 deposit after having agreed on price and that I would have never given the dealer any money if there was no price agreement, to which he said that a deposit does not guarantee anything. He then said that, he did not care if there was an agreement for MSRP, that he was just not going to let car go for less than $5,000 over MSRP. At that point I mentioned that such a way of conducting business was not professional; that they had actually baited me in to the dealer and now where trying to get more money from me since I had given a deposit. He said that they never do such a thing, to which I said that you are actually doing it to me as we speak. He got upset over my remark and said "take it or leave it", to which I replied that I was not going to make a decision like that, that I had agree on MSRP, and that I was willing to give $500 over MSRP. He said no and said that he was done with me. At that point, I told him that I was leaving the dealer and that I was going to have a conversation with my attorney since a contract had been made at time of receiving order confirmation with MSRP price and having handed $5,000 to them. He mentioned that they had a legal team and that I was more than welcome to do so. He asked me to go inside and get my deposit refunded, to which I said no since I had to talk to my attorney. Sales Manager then left.
I went to my car and called Ford Customer Service to inquire about what were my options. They said that there was nothing that they could do since dealers are independent contractors and Ford can not dictate they way to do business. They suggested that I called the Business Better Bureau.
I called the Business Better Bureau and they stated that they could not help and that I needed to contact the State Attorney's office.
I then called the State Attorney's office, whom oriented me as to what to do. I then left the dealer for a lunch.
After having talked things over with my wife, I decided to pay the $5,000 so that I could have my car. So, I decided to stop by the dealer after lunch. I talked to Ron, whom said he was going to see what he could do. A few minutes later Gilbert De La Cruz brought me a bottle of water.
After having waited for more than 20 minutes, the Sales Manager (John Ferrier) comes out and asked me to sign a document, to which I said no since I needed to know what it was. He, once again, on a disgruntled manner, asked me to sign the paper, to which, once again, I said no. He said that he was not selling me the car because I had called the cops on him, to which I said that I had not called the "cops". He then said that, if I had not called the cops, I had called my attorney, to which I said that I had not contacted my attorney. He then says that "his guys" over heard my conversation with someone that I was talking to about the incident, asking for advice as to what were my "consumer rights". I said that, as he mentioned, as a consumer I do have rights and that there was nothing wrong with me trying to find out what my options were. I then said that, it did not matter with whom had I talked, but that I was willing to give $5,000 above MSRP, to which he said that he was not selling the car to me despite the car having been ordered for me. He then walked out to the front lobby. As I am walking out of the lobby he tells me whether I wanted a receipt for the reimbursement for my deposit, to which I said "no thanks" and left.
Later in the evening I received a text message from original salesman, apologizing for what had happened and that both him and Ron where trying to work out a deal for me with another Sales Manager.
I don't know what to do at this time. I am so frustrated with this whole thing. I just saw it coming after they refused to provide any documentation. And to think that I had an order with another dealer for $5,000 above MRSP...
It is sad to see that Ford is not willing to step in for their customers by saying that dealers are independent contractors and there is nothing that they can do. It is sad to see that, despite having a written agreement, shady people do not want to honor an agreement just because "he is not willing to let it go below a markup of $5,000".
As a Mustang fan, I had been looking forward to this car for a long time. It was a long 6 month wait since it was ordered for nothing. So, now I have a loan to pay and no car.
Gilbert De La Cruz, Ron Quyami, John Ferrier
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