Issues With My New 2016 Sport

[Badluck 77]

Here's a pic of the brochure we have...apparently the same thing the dealer was using as opposed to the order sheet.

 

[Junkmann2]

You better get this resolved quickly, because the longer that you have the car, the harder it will be. I don't see any easy fix, other than to either take it back to the factory for an upgrade, or to get yourself into another car. I am usually the last person to suggest consulting an attorney, however, in this case it might be worth the cost of a consultation. Just make sure that you don't loose the book that shows this. I would also suggest that you go beyond the salesman and get either the General Manager or the dealership owner involved, unless it is a major chain dealership. If you financed the car through Ford Credit, I would also let them know. I wouldn't want to be in your shoes on this matter. I can see it turning ugly quickly. Also, take photo copies of the page and the front cover, and make sure to keep the brochure in a safe place. I wouldn't even bring it into the dealership, and only the copies. If Ford made a printing error, and you relied on that information, you might have an action. I can see them trying to give you a monitory settlement, but not a new car.

 

[Nasty]

Tell them you want to add it so that way we can find out what parts are needed lol.

 

[blwnsmoke]

Is there a date on the brochure or any type of version #?

 

[Napalm]

it pains me to say this but I bet you will need a lawyer involved. FYI what state are you in?

 

[blwnsmoke]

Let's not start throwing "get a lawyer" around as I don't think this will get him anywhere (always a last resort and one will get defensive very quickly if you through a lawyer around). If you don't think Ford has protection covering their rear ends on just about everything you would be nuts. Unless of course you are talking about getting a lawyer in regards to fighting the dealership.

For example, at the back of each brochure:

"Information is provided on an “as is” basis and could include technical, typographical or other errors. Ford makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the information, materials, content, availability, and products. Ford reserves the right to change product specifications, pricing and equipment at any time without incurring obligations. Your Ford Dealer is the best source of the most up-to-date information on Ford vehicles."

This still falls back on the dealer as they should have used the Order Guide, not a brochure. Wasting money on a lawyer isn't going to solve anything but waste the OP's money. Where the OP would have a claim is when he ordered a 401A package, the order shows a 401A package and the Explorer shows up with a 400A package. That would be a build issue and the OP would have a lot of ground to stand on. A Typographical error where the dealer did not do their job in looking at the official ordering guide falls on the dealer, not Ford.

 

[blwnsmoke]

I think the OPs best course of action is to print off each of the order guides and go to the dealership with them. Then state he wants 1 of 2 fixes. 1)Get his money back and return the vehicle. 2) Order another vehicle with the 401A package so he gets what he wants.

Negotiate a better price with the 401A package if that is the route you want to do. Obviously the 401A package comes with a lot more then just memory seats so I don't believe it is fair for the dealer to eat the whole cost increase but some of it is fair IMO.

Either way, each day that this goes on makes it worse for you, even with dealing with the finance company.

 

[peterk9]

In the brochure's fine print;

Information is provided on an “as is” basis and could include technical, typographical or other errors. Ford makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the information, materials, content, availability, and products. Ford reserves the right to change product specifications, pricing and equipment at any time without incurring obligations. Your Ford Dealer is the best source of the most up-to-date information on Ford vehicles.

The last sentence doesn't help much if the salesman is also depending on the brochure for his info.

Peter

 

[Explawyer]

I think the most likely solution would come in the form of a small refund from the dealer. Let the dealer then fight with Ford to be reimbursed.

I don't want to get into the discussion about whether its a good idea to get a lawyer, but I will say that many states have consumer protection laws that would likely be triggered in this sort of event.

 

[blwnsmoke]

I think the most likely solution would come in the form of a small refund from the dealer. Let the dealer then fight with Ford to be reimbursed.

Except that this is a Dealer issue and not Ford. Dealer isn't going to get anywhere with Ford as the dealer again did not use the order guide.

 

[Explawyer]

Except that this is a Dealer issue and not Ford. Dealer isn't going to get anywhere with Ford as the dealer again did not use the order guide.

Possibly. I am purposely being a bit broad in my comments because I don't want this to turn into legal advice. My broader point was that most states have consumer laws that protect the purchaser from misrepresentations of the dealer, but not the manufacturer.

That said, it was the manufacturer that provided the dealer with promotional material that was incorrect. I would think that someone from Ford would recognize this and assist the dealer with a resolution. I am sure there are disclaimers and limitations between Ford and the dealer, but that does not mean that Ford would not provide some assistance to the dealer regardless.

 

[blwnsmoke]

Possibly. I am purposely being a bit broad in my comments because I don't want this to turn into legal advice. My broader point was that most states have consumer laws that protect the purchaser from misrepresentations of the dealer, but not the manufacturer.

That said, it was the manufacturer that provided the dealer with promotional material that was incorrect. I would think that someone from Ford would recognize this and assist the dealer with a resolution. I am sure there are disclaimers and limitations between Ford and the dealer, but that does not mean that Ford would not provide some assistance to the dealer regardless.

I get what you are saying now.

Hopefully the OP can get some type of satisfactoryx resolution. I'd go in requesting it be reordered and the dealer eats half the price difference of 400 and 401A package. Except for the additional wait time, I think that is fair for both parties unless the OP just wants out of the deal all together which that would be the 2nd option I'd fight for if there first was not something they want.

 

[Badluck 77]

I'm in Jersey. No plans to get a lawyer involved. They immediately offered a 1 month payment waiver but we declined. There is only one solution here. memory seats. Either as a ford aftermarket install or in the form of a 401a that they eat the cost on. The dealer used the wrong selling tools, and someone at ford signed off on a mis-printed brochure.

I'll keep you all posted on the status of this issue.

Anyone have any ideas on the 3rd row seat problem we're having?

Thanks.

 

[Napalm]

that's why I asked about your state - state laws have pretty big effects on what is easly agreed to and what will require more paperwork. I've not known dealers to be that happy to fix their own mistakes. which is why I said you might need to consider finding a lawyer.

Hope like hell you don't need one - but it never hurts to shop ahead and pick out one to use if you need to.

 

[Napalm]

have you called the dealer again to see if they have new information?

only thing that comes to mind first is that perhaps a sensor is misaligned or damaged. so the seat stops moving via motor.

Why do you have to pull the head rest strap - I thought with the power fold all you do is press the button? do you have to pull the strap and then hit the button?

I don't have that feature so I only used it once on a test model. but I vaguely remember having to hold the button to operate the seats. I don't recall.

 

[Explawyer]

I'm in Jersey. No plans to get a lawyer involved. They immediately offered a 1 month payment waiver but we declined. There is only one solution here. memory seats. Either as a ford aftermarket install or in the form of a 401a that they eat the cost on. The dealer used the wrong selling tools, and someone at ford signed off on a mis-printed brochure.

If the only acceptable solution for you is to have memory seats in your vehicle (which is totally reasonable since that is what you were told you were getting), then I would guess that the result would be a "collateral swap" on your deal, which would entail them taking your car back and giving you a new one. The problem with that solution is that you would be hard pressed to have the dealer eat the entire cost (because the upgraded package include more than just the memory seats).

So if I was in your situation, I would probably shoot for the resolution that was proposed earlier in this thread, which would be a new explorer and a split of the difference between you and the dealer for the 401a package. If you agree to pay that difference in cash (like a down payment) then you could swap the collateral and keep your current loan as is.

Best of luck to you, I am sure this is a pain in the taillight, and it sucks to have this happen and not be excited about your new and expensive purchase.

 

[blwnsmoke]

The question you really need to ask is what would you have done if you knew that you needed to get the 401A package? Would you have ordered it as such with that package or skipped the Explorer all together?

If you would have skipped it all together, then request the sale to be canceled and get your money back. If you would have ordered it with the 401A package, then why should the dealer eat the whole $4,000 price difference between the two packages? You would have ordered it as such so the reasonable thing to do is request some compensation for having to reorder (split the difference or even better, try to get a Ford ESP for free - they range from $1,600 - $2,000 for a 6 or 7year warranty covering you for 125,000 miles). Whether that be you keep this Ex until your proper one comes in or they put you in a demo/loaner vehicle while you wait for the new one. These are reasonable.. I don't think a $4,000 benefit in your pocket is reasonable for a memory seat issue.

You can also get the Zone rep involved who can change your Priority to a Priority 1 so it gets built usually within 10 days and the dealer would have it in 3-4 weeks.

 

[Badluck 77]

You need to pull the strap to lower the headrest, otherwise the headrest jams into the 2nd row and stops the fold function.

Spoke to the dealer again today, they pushed it to the rep, the rep pushed it up to their regional rep, they came back and said that the brochures are not set in stone, sorry. They offered 1-2 months payment waiver. Not acceptable. Need the seat option. They are now looking at the possibility of adding it in using Ford parts. On both cases i'm now going above all of their heads. Stay tuned.

If we knew the memory seat option didn't come with the truck at this price, we would have walked and went with a competitor that did...for less or the same amount of money. We came out of a Caddy, that was $2k less, and had a lot more options (heated and cooled seats, homelink, 4/50k bumper to bumper, included service for 45k miles, memory seats, adaptive headlamps, cargo cover, heater steering wheel, power fold mirrors, onstar).

 

[peterk9]

The 3rd row headrests on mine fold down automatically as did the ones on my 2011 Limited. Not sure why the Sport doesn't have this. You'd think it would be standard with the power fold feature.

Peter

 

[blwnsmoke]

The 3rd row headrests on mine fold down automatically as did the ones on my 2011 Limited. Not sure why the Sport doesn't have this. You'd think it would be standard with the power fold feature.

Peter

Same on mine, they fold as soon as I hit the button. No need to pull starp.