No Sale Clause
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In Canada the Dealerships are making the buyer sign a two year lease to prevent them reselling the vehicle even if you paid cash in full. Mine waived it as I know the owner and gave him my word I would not sell for one year.
2021 Mustang Mach E First Edition, 2016 Nissan Leaf, 2003 Toyota Tacoma, F-150 Lightning Lariat ER
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The clause is an option that dealers can include in the sales contract. There are multiple threads on that here.
That is a very wishy-washy clause in a contract of adhesion, which was written by the dealer. Therefore, any ambiguity goes to the benefit of the buyer.
I kind of expected it say, "You sell the truck, the dealership takes all profits from the sale plus a punitive damages (arguably unenforceable, but still) for violating the agreement.
That clause goes to your the intent of the day of the day of sale. IT is good in that it does a good job of getting you to agree to repay incentives or allowances the dealer looses? So? Anyone know what incentives or allowances dealers are given for the sale of an Lightning?
So what if you have an "economic downturn," die, or simply change your mind? Without getting into defense of contracts, I'd say you can sell the truck, so long as you didn't intend to, even though you were considering it, on the day of sale.
Finally, harms must be foreseeable. So, it really should say, "any foreseeable harm" the dealer may suffer. It would be great to get the dealer to state they cannot foresee any harms other than the incentives and allowances. I don't foresee any but I am not in the dealership business. Is Ford taking their dealership foreseeable? That would be a big bill.
*situations vary and this does not constitute legal advice - merely some yahoo (me) pontificating on a truck forum.
I kind of expected it say, "You sell the truck, the dealership takes all profits from the sale plus a punitive damages (arguably unenforceable, but still) for violating the agreement.
That clause goes to your the intent of the day of the day of sale. IT is good in that it does a good job of getting you to agree to repay incentives or allowances the dealer looses? So? Anyone know what incentives or allowances dealers are given for the sale of an Lightning?
So what if you have an "economic downturn," die, or simply change your mind? Without getting into defense of contracts, I'd say you can sell the truck, so long as you didn't intend to, even though you were considering it, on the day of sale.
Finally, harms must be foreseeable. So, it really should say, "any foreseeable harm" the dealer may suffer. It would be great to get the dealer to state they cannot foresee any harms other than the incentives and allowances. I don't foresee any but I am not in the dealership business. Is Ford taking their dealership foreseeable? That would be a big bill.
*situations vary and this does not constitute legal advice - merely some yahoo (me) pontificating on a truck forum.
Well to make it even more grey, I decided to trade-in the Lightning.
Now we can argue if that is the same as reselling it.
I am concerned that when I master reset the truck, the dealer will got a notice.
However I paid cash at MSRP, so I took no special incentives or discounts.
Now we can argue if that is the same as reselling it.
I am concerned that when I master reset the truck, the dealer will got a notice.
However I paid cash at MSRP, so I took no special incentives or discounts.
I was wondering how they would know. Granted, I get a recall notice for used vehicles that I have bought, so manufactures are in the state's registration, but unless proactively looking...?
Does that mean they could shut the vehicle off? Damn!
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First time member. Sorry to jump in here but wanted to add my 2 cents;
I actually went into my local dealer in Toronto/Canada. MSRP for the Lariat 511A was $110k before fees/taxes. Total is $127k after everything. I want to buy the vehicle for cash and they said that they can't sell it to me for cash without a condition that will put a lien on the truck for 6months+15,000km. That's the only way they will sell it. After 6months+15k km, they will transfer the ownership under my name. This seems very questionable. I can finance it with an open loan but they still want me to sign that no-resale contract. They won't budget. And because, they ordered my truck (due to be delivered in 2 weeks) they have effectively used up my reservations. So, I can't go to another dealership. I would have re-reserve and take delivery sometime in 2024. I called Ford and they said they can't transfer my reservation to another dealership because the order is processed.
Has anyone in Toronto/Canada experienced this?
So to answer your question @Busted, in this case, I would have to go back to the dealer to get the ownership transferred to my name before I could sell it.
I actually went into my local dealer in Toronto/Canada. MSRP for the Lariat 511A was $110k before fees/taxes. Total is $127k after everything. I want to buy the vehicle for cash and they said that they can't sell it to me for cash without a condition that will put a lien on the truck for 6months+15,000km. That's the only way they will sell it. After 6months+15k km, they will transfer the ownership under my name. This seems very questionable. I can finance it with an open loan but they still want me to sign that no-resale contract. They won't budget. And because, they ordered my truck (due to be delivered in 2 weeks) they have effectively used up my reservations. So, I can't go to another dealership. I would have re-reserve and take delivery sometime in 2024. I called Ford and they said they can't transfer my reservation to another dealership because the order is processed.
Has anyone in Toronto/Canada experienced this?
So to answer your question @Busted, in this case, I would have to go back to the dealer to get the ownership transferred to my name before I could sell it.
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