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Ford litigates premature sale of the GT

Started by deathsled, February 25, 2020, 12:14:23 PM

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deathsled

Shelbydoug, all of your arguments are sound. I haven't read the contract but suggested what I would have built in for Ford. You could counter argue that this was a contract of adhesion and therefore the language is void. And yes filing frivolous pleadings can get you sanctioned but not necessarily disbarred. The penalties would be fined imposed by the court. Another defense could be necessity. What if you declared bankruptcy before the two year period and the US Trustee seized the poor GT to resell it and satisfy some of the debt. Then what? There are a lot of loopholes that would need to be fixed. This is not an easy case for Ford.
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

FL SAAC

+1 Stephen


Quote from: stephen_becker on February 26, 2020, 12:14:43 PM
Hey Ford - Its called KARMA and its a bitch. You idiots screwed up the NFGT allotment system so bad and forgot those of us FGT owners that still are the original owners of 05/06 FGT's (that you all promised you would not forget). As they say in politics, the fix was in from the start.
Living RENT FREE in your minds

All Time Post Count King !

Home of the "Amazing Hertz 3 + 1 Musketeers"

FL SAAC Simply the Best, much Better than ALL the Rest.

I have all UNGOLD cars

I am certainly not a Shelby Expert

shelbydoug

Quote from: deathsled on February 26, 2020, 12:19:23 PM
Shelbydoug, all of your arguments are sound. I haven't read the contract but suggested what I would have built in for Ford. You could counter argue that this was a contract of adhesion and therefore the language is void. And yes filing frivolous pleadings can get you sanctioned but not necessarily disbarred. The penalties would be fined imposed by the court. Another defense could be necessity. What if you declared bankruptcy before the two year period and the US Trustee seized the poor GT to resell it and satisfy some of the debt. Then what? There are a lot of loopholes that would need to be fixed. This is not an easy case for Ford.

A documented history of sanctions for filing frivolous (plural) law suits would need to be looked at as a pattern of harasment and future more stringent actions considered?

How many sanctions are you allowed? You don't want to establish a history of them.
68 GT350 Lives Matter!

shelbydoug

Quote from: stephen_becker on February 26, 2020, 12:14:43 PM
Hey Ford - Its called KARMA and its a bitch. You idiots screwed up the NFGT allotment system so bad and forgot those of us FGT owners that still are the original owners of 05/06 FGT's (that you all promised you would not forget). As they say in politics, the fix was in from the start.

I have to agree with you on this one.

Not that anyone particularly cares what I think (including me) but I don't like this pattern of elitism that Ford has been establishing really over the last thirty years or so.

68 GT350 Lives Matter!

Don Johnston

Does anyone have a copy to share  of the Ford contract that shows the wording about the two provision?

deathsled

Quote from: shelbydoug on February 26, 2020, 01:00:14 PM
Quote from: deathsled on February 26, 2020, 12:19:23 PM
Shelbydoug, all of your arguments are sound. I haven't read the contract but suggested what I would have built in for Ford. You could counter argue that this was a contract of adhesion and therefore the language is void. And yes filing frivolous pleadings can get you sanctioned but not necessarily disbarred. The penalties would be fined imposed by the court. Another defense could be necessity. What if you declared bankruptcy before the two year period and the US Trustee seized the poor GT to resell it and satisfy some of the debt. Then what? There are a lot of loopholes that would need to be fixed. This is not an easy case for Ford.

A documented history of sanctions for filing frivolous (plural) law suits would need to be looked at as a pattern of harasment and future more stringent actions considered?

How many sanctions are you allowed? You don't want to establish a history of them.
You are correct. A pattern of such filings invites the scrutiny of the state Bar in addition to punishing fines. Something a lawyer definitely does not want.
"Low she sits on five spoke wheels
Small block eight so live she feels
There she's parked beside the curb
Engine revving to disturb
She's the princess from his past
Red paint gold stripes damned she's fast"

stephen_becker

Quote from: Don Johnston on February 26, 2020, 01:29:33 PM
Does anyone have a copy to share  of the Ford contract that shows the wording about the two provision?

Ford has told the owners that if they decimate/distribute/copy/show/share etc  a copy of anything to do with ordering and purchasing a NFGT that they maybe held accountable in a court of law - That was a big thing when they first came out over on that fordgtforum - Anybopdy that posted anything about price, terms, etc. was immediately removed from the forum.

98SVT - was 06GT

#22
I'm told contract basically states that Ford will have first right of refusal if you decide to sell in first 2 years. I believe that repurchase by Ford is full price paid less damage - so you can't total it and get your $ back.
I know of one car that was purchased by someone on the list who didn't have the money. He sold it before he took delivery. End buyer paid him a LARGE fee and had him order it the way he wanted it. Agreement was that is stays in original name for 2 years but end buyer has car.
Previous owner 6S843 - GT350H & 68 GT500 Convert #135.
Mine: GT1 Mustang Track Toy, 1998 SVT Cobra, Wife's: 2004 Tbird
Member since 1975 - priceless

Shelby_r_b

Quote from: shelbydoug on February 26, 2020, 01:04:03 PM
Quote from: stephen_becker on February 26, 2020, 12:14:43 PM
Hey Ford - Its called KARMA and its a bitch. You idiots screwed up the NFGT allotment system so bad and forgot those of us FGT owners that still are the original owners of 05/06 FGT's (that you all promised you would not forget). As they say in politics, the fix was in from the start.

I have to agree with you on this one.

Not that anyone particularly cares what I think (including me) but I don't like this pattern of elitism that Ford has been establishing really over the last thirty years or so.

+1s all around!
Nothing beats a classic!

SCJSTU

Quote from: stephen_becker on February 26, 2020, 03:54:29 PM
Quote from: Don Johnston on February 26, 2020, 01:29:33 PM
Does anyone have a copy to share  of the Ford contract that shows the wording about the two provision?

Ford has told the owners that if they decimate/distribute/copy/show/share etc  a copy of anything to do with ordering and purchasing a NFGT that they maybe held accountable in a court of law - That was a big thing when they first came out over on that fordgtforum - Anybopdy that posted anything about price, terms, etc. was immediately removed from the forum.


That's a bunch of crap right there
1969 Shelby GT350 convertible 4 speed/ AC
Built Jan 1969 Red/Black

1967 S-Code 4 spd Black/Parchment
2004 Mustang Mach 1
1956 Ford F-100 Big Window 392 Hemi
1957 F-100 Fridge
1963 Falcon Ranchero
1961 Econoline PU
1961 Falcon 2 dr wagon
1970 Challenger R/T vert 4 speed
1970 Chevy Blazer 2WD

shelbydoug

Quote from: SCJSTU on March 04, 2020, 03:44:06 PM
Quote from: stephen_becker on February 26, 2020, 03:54:29 PM
Quote from: Don Johnston on February 26, 2020, 01:29:33 PM
Does anyone have a copy to share  of the Ford contract that shows the wording about the two provision?

Ford has told the owners that if they decimate/distribute/copy/show/share etc  a copy of anything to do with ordering and purchasing a NFGT that they maybe held accountable in a court of law - That was a big thing when they first came out over on that fordgtforum - Anybopdy that posted anything about price, terms, etc. was immediately removed from the forum.


That's a bunch of crap right there

Maybe so but few can afford to battle their team of lawyers which are on permanent retainer.

Remeber the movie, "The Mouse That Roared"? You'd be like Peter Sellers in the rowboat with the two other guys attacking New York with bow guns. Forgedaboudit!
68 GT350 Lives Matter!

FL SAAC

I believe that the contract they used is called the FUNNEL contract
Living RENT FREE in your minds

All Time Post Count King !

Home of the "Amazing Hertz 3 + 1 Musketeers"

FL SAAC Simply the Best, much Better than ALL the Rest.

I have all UNGOLD cars

I am certainly not a Shelby Expert

6s2055

" The Mouse That Roared "! Now that was a great satire! You have to be an old member to remember he movie!
Fits the topic! New members....younger than 60....will not understand!

JD

Quote from: 6s2055 on March 13, 2020, 03:34:40 PM
“ The Mouse That Roared “! Now that was a great satire! You have to be an old member to remember he movie!
Fits the topic! New members....younger than 60....will not understand!

Yes a Funny movie
'67 Shelby Headlight Bucket Grommets https://www.saacforum.com/index.php?topic=254.0
'67 Shelby Lower Grille Edge Protective Strip https://www.saacforum.com/index.php?topic=1237.0