[stangsrule]

Ok heres what I have so far on the contract I am going to type out for the dealership to sign. It reads..

This vehicle will be sold to this customer at a price of (price here) over MSRP, along with the cost of added options, and may not be changed.
This customer is guaranteed the first allocation of this vehicle, regardless of unforseen events, or in the event of another person paying more for the vehicle, putting more money down on the vehicle, or making a promise to do so.
This contract may not me altered without the combined consent of the customer and buyer.

Ok so there it is so far... i just typed it out.
Opinions and advice would be great on this.
I plan on faxing a copy to my dealer and getting the sales manager or the Gm to sign it. Does it matter which one signs it?
If theres anything I forgot or need to know please post it.
Thanks

 

[stangsrule]

BTW. I added this on my other post.. but..
I just noticed on the buyers order that it states no other agreement of any kind, verbal understanding or promise whotsoever will be recognized..
Does this mean that another contract would not be legal?
If it does.. should I just add these statements INTO the buyers order on the notes section?
That is what the dealer said he could do. I just want to make sure that THAT would be binding for the dealer.....

 

[HorseTraderDave]

BTW. I added this on my other post.. but..
I just noticed on the buyers order that it states no other agreement of any kind, verbal understanding or promise whotsoever will be recognized..
Does this mean that another contract would not be legal?
If it does.. should I just add these statements INTO the buyers order on the notes section?
That is what the dealer said he could do. I just want to make sure that THAT would be binding for the dealer.....

You are making it too complicated IMHO. Just make sure you get the Sales Manager to sign it. If you give them a very formal contract with all kinds of stipulations in it...they may say "no thanks". Keep it simple. The bottom line is that you get the pricing listed, agreement to sell for that price, and no dealer add-ons later.

Good luck.

 

[stangsrule]

Ok . But if they put this in the notes section of the buyers order will that be binding for them?
Just wondering.
Oh and also the sales manager happens to be the salesperson that I am dealing with.. So (I Know this sounds stupid) .. but do i need for it to say manager next to the signature or can he sign where it says salesperson on it?
It doesnt have a place for the manager to sign on the buyers order....

 

[rpretzel]

Call me paranoid, but I required a separate contract. My dealer had no problem with it whatsoever.

I attached a sample text version.

 

[HorseTraderDave]

Ok . But if they put this in the notes section of the buyers order will that be binding for them?
Just wondering.
Oh and also the sales manager happens to be the salesperson that I am dealing with.. So (I Know this sounds stupid) .. but do i need for it to say manager next to the signature or can he sign where it says salesperson on it?
It doesnt have a place for the manager to sign on the buyers order....

I'd ask him to sign it something like....

John Doe - Sales Manager - XYZ Ford

 

[HorseTraderDave]

Call me paranoid, but I required a separate contract. My dealer had no problem with it whatsoever.

I attached a sample text version.

I think this is very good rpretzel. If you can get a dealer to sign it, great. This is pretty open..so I can see why they would not have an issue. Some people want terms such as "If the car does not arrive by October 1st, I get my money back". In that case, the dealer would have a car with specific options and would be left trying to sell it (although they likely would not have any problem selling a Shelby). I even found one guy several years ago that asked the dealer to sign a contract saying that if the dealer took the vehicle off the delivery trailer without the customer being there, they would have to pay the customer $2,000. Ouch....what if the customer is away on vacation...then the delivery trailier is sitting in the parking lot for a week? LMAO.

Dave

 

[rpretzel]

..."If the car does not arrive by October 1st, I get my money back"...
...if the dealer took the vehicle off the delivery trailer without the customer being there, they would have to pay the customer $2,000...
Dave

That's some pretty insane stuff. I'm paranoid, but I'm also realistic.

My main goal was to make sure the dealer stuck to giving me the first allocation and the price originally quoted. I got screwed by a dealer before this one, so that's why I went with the contract.

 

[Wirelessscottie]

Keep it simple. Remember the 'four corners doctrine'. ALL of the agreed to terms and conditions need to be within the four corners of the agreement, i.e., you can not refer to outside documents, etc.

So, it doesn't matter if the agreement is on fancy parchment paper, a dealer order form or a restaurant napkin. If the document accurately explains what is expected of each party, you have a binding contract. I have never met a dealer who wouldn't 'add in' all the extra terms and conditions on the order form to satisfy the buyer.

BUT, you do need a consideration for the performance of entering into the contract. If the dealer is to 'perform' by taking your order, placing it, and ultimately delivering the car, you need to provide some 'consideration' on your end. In almost all cases this is satisfied with a deposit of some type. For a car probably north of 50k, a $ 100.00 deposit probably isn't adequate consideration. More likely a $ 5,000.00 deposit would be more appropriate.

It takes TWO to make a contract so unless you get it in writing, and then do something on your end to perfect the agreement, your contract may not stand up at the end of the day.

Good luck.

 

[stangsrule]

Oh yes I am putting down a deposit
he was going to write this stuff down in the "notes" section of the buyers order.
Would it still be binding there?

 

[f4X]

Keep it simple. Remember the 'four corners doctrine'. ALL of the agreed to terms and conditions need to be within the four corners of the agreement, i.e., you can not refer to outside documents, etc.

So, it doesn't matter if the agreement is on fancy parchment paper, a dealer order form or a restaurant napkin. If the document accurately explains what is expected of each party, you have a binding contract. I have never met a dealer who wouldn't 'add in' all the extra terms and conditions on the order form to satisfy the buyer.

BUT, you do need a consideration for the performance of entering into the contract. If the dealer is to 'perform' by taking your order, placing it, and ultimately delivering the car, you need to provide some 'consideration' on your end. In almost all cases this is satisfied with a deposit of some type. For a car probably north of 50k, a $ 100.00 deposit probably isn't adequate consideration. More likely a $ 5,000.00 deposit would be more appropriate.

It takes TWO to make a contract so unless you get it in writing, and then do something on your end to perfect the agreement, your contract may not stand up at the end of the day.

Good luck.

Man wireless...have you taken law classes (or maybe a lawyer?) I couldn't agree more! VERY good advice.

that is all

 

[Wirelessscottie]

No, not a lawyer. Just a high school graduate. However, I have been self employed since I was 19 (now 54) and you manage to pick up at least a few things running your own business.