Are people signing their No-Resale Policy?

[rdr854]

I did not sign a non-resale agreement directly related to the Lightning, but did sign a pre-printed purchase agreement with a generic non-export/resale clause that had been in place since 2013 that is designed to stop the export of new cars for profitable resale. This is based upon the 2013 copyright and form printing dates.

According to a 2013 DOJ press release issued by the US Attorney for the District of New Hampshire, “U.S. Customs laws and regulations, the export of new motor vehicles is prohibited. As a result, most dealerships are contractually prohibited by the manufacturer from selling new automobiles intended for export, and dealerships are required to prevent such sales or suffer financial and other penalties imposed by the manufacturer. One method dealerships often use to ensure the sale of new motor vehicles for domestic use only is a “no-export agreement” signed by the purchaser, prohibiting the vehicle’s export for a certain period of time.”

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[cvalue13]

Ford merely “supports” dealers that choose to use a no-sale contract. That is, it is up to the dealers alone as to whether to use the no-sale, and Ford will merely nod its head approvingly if asked whether it is ok.

Months ago, my dealer attempted to have me sign one of these a ROFR contract (below) early in the ordering process. Back then, they didn’t “require” me to sign it only because I pointed out how their contract did not work for a vehicle not yet delivered. At that time, they agreed, but said they’d re-raise for execution it once the vehicle was delivered.

When I eventually took delivery, there was no mention of the ROFR. I didn’t ask, either, whether that was a change in policy or instead a mistake on their part.

FYI, for those stating otherwise or wondering: these no-sale and ROGR contracts are enforceable as a matter of law (and while I am not licensed in every state I would be deeply surprised to find enforceability to be otherwise in any U.S. state). Enforceable as a matter of law is a different topic from whether they are practically enforceable. That said, most buyers would self-enforce for fear of litigation. Meanwhile, unless Ford has agreed to pay the dealer’s legal costs for enforcement, I don’t see dealers being super eager to incur legal fees to claw back money from customer-sellers.

 

[Rob G]

I was not asked to sign anything related to resale when I completed my purchase.

 

[jazzmanmonty]

Curious if any of this pops up for people that completed checkout online? Would love to get a review of the online checkout process from someone.

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