You Can Buy Yourself This Ford GT This Weekend (But You Shouldn't Be Able To)

Pretty sure Ferrari write similar clauses in their contracts for short-run special models.
He's only 6ft. I'm sure there are taller owners :)

He's not very tall. But he's big. :) I'd be curious to see him or someone like him inside a GT.

Lol, that doesn’t work that way. If you agree not to sell the car and signed a document stating so, then you open yourself to consequences.

All GTs are essentially leased vehicles for 2 years. You can do whatever you want besides selling them.

More like you’re changing your wording bc you’re in a topic you have no former knowledge of.

You keep talking about rights yet ignore the fact a GT owner signs a legal document agreeing not to sell the car. You sign yourself into an agreement with a company for their product. Ford’s lawyers wouldn’t put such a clause in if they knew it couldn’t be upheld.

Here’s a fun fact; you can draw up a similar contract with another random dude with the first refusal as well over an item if he ever decides to sell it and you want it back. Its not some rights issue.

Just because another manufacturer with the same clause doesn’t sue you doesn’t make them any different. Ford will blacklist Cena from ever owning a new limited edition car as well.

I'm not dumb. I know how contracts usually work. Is it that hard to understand I'm questioning that specific clause and its legitimacy? I didn't sign anything so I can question it as much as I want. It doesn't seem right to me that someone who bought a product full price (it's not "essentially a leased vehicle" as you claim) has to be hostage of a contract with a clause like that for 2 years (or 10 or 20 or 50?). I'm still wondering if you'd have the same opinion if instead of 2 years we were talking about 20 or 50. Apparently it would be legal as well.

With the F50 in particular Ferrari was infamous for it.

Any source? I did a quick search and only find links to customers who sued Ferrari. Didn't find a case where Ferrari sued a customer for selling a car.
 
I'm not dumb. I know how contracts usually work. Is it that hard to understand I'm questioning that specific clause and its legitimacy? I didn't sign anything so I can question it as much as I want. It doesn't seem right to me that someone who bought a product full price (it's not "essentially a leased vehicle" as you claim) has to be hostage of a contract with a clause like that for 2 years (or 10 or 20 or 50?). I'm still wondering if you'd have the same opinion if instead of 2 years we were talking about 20 or 50. Apparently it would be legal as well.
Except you’ve been told multiple times now, so I don’t see it as a case of questioning anymore.

Whether or not you think it’s right is irrelevant. They’re selling a product and have specific rules for owning it. If you don’t like those rules, you’re more than welcome to walk away from the deal and sign nothing. If you have no intention of selling it, it’s likely not a big deal. Those who take issue more than likely want to flip it to begin with.

This isn’t my opinion. It’s how this specific market works. Manufacturers don’t want flippers on the market bc it affects values. Porsche rewrote their VIP Program after flippers made hundreds of thousands on the 911R.

Ferrari is notorious for it. They may not be suing clients but they have a system in place a lot of people are not fond of to combat flipping. I can give you a specific example of a LaFerrari owner being told when he wanted an Aperta, he had to either sell his coupe or his 599 GTO back to Ferrari at their offer because they had first refusal. That’s a rough game to play but many do to have Ferrari’s toys first.
 
Except you’ve been told multiple times now, so I don’t see it as a case of questioning anymore.

Whether or not you think it’s right is irrelevant. They’re selling a product and have specific rules for owning it. If you don’t like those rules, you’re more than welcome to walk away from the deal and sign nothing. If you have no intention of selling it, it’s likely not a big deal. Those who take issue more than likely want to flip it to begin with.

Cleary you're in the wrong place then. This is a forum. An article was written about it and a discussion thread was opened. If there's nothing to discuss or question, when why is this open for discussion? I don't like to swallow whatever it's given to me. Also, I didn't sign anything, so I can question it. You should tell that to John Cena. It may be irrelevant to you what my opinion of this is. If so, ignore it. But don't try to act like this is not a discussion thread.

This isn’t my opinion. It’s how this specific market works. Manufacturers don’t want flippers on the market bc it affects values. Porsche rewrote their VIP Program after flippers made hundreds of thousands on the 911R.

Again, companies can rewrite their VIP programs all day long. They can't, imo, claim ownership like rights over something they have sold. They can be against "flipping" all they want. It's still legal. (I'm not really sure flipping is an accurate word to describe it because we're talking about a car who has been paid for full price to the company who set the price. It's not a speculative purchase where one of the parties doesn't know something about the car). Auctions are famous precisely because flippers (a lot of collector are just another type of flippers) get money out of it. If someone buys a GT for a million dollars, how does that affect negatively the value of those cars? It may inflate it. But that doesn't affect Ford because Ford already sold those cars in the first place. If they wanted more money they could sell it for a higher price. Or they could produce 1000 instead of 499 cars and people would pay less in case someone would try to flip a car.

From the wikipedia


Car flipping
Similar to real estate flipping, car flipping is the process of buying automobiles at a low price and selling such vehicle at a higher price. A car flipper will identify reasonably priced vehicles that can be sold at a higher price after reconditioning and marketing to a larger market.

In the United States, car flipping can be a hobby for car enthusiasts, or a primary business in the form of state licensed car dealers. Flipping cars is legal if the vehicles are titled in the person's name or processed through a state licensed dealership. Many states have laws and regulation limiting the number of vehicles a person can flip within each year unless they are a dealer or associate. This number varies from state to state, from 2 to 10. Car flipping has a larger market and requires less investment than flipping real estate.[

Ferrari is notorious for it. They may not be suing clients but they have a system in place a lot of people are not fond of to combat flipping. I can give you a specific example of a LaFerrari owner being told when he wanted an Aperta, he had to either sell his coupe or his 599 GTO back to Ferrari at their offer because they had first refusal.That’s a rough game to play but many do to have Ferrari’s toys first.

That makes all the difference imo. One thing is suing a customer who paid for his car because he wants to sell it (from my pov the 2 year clause is simply stupid and shouldn't hold in court). Another thing is not selling a future car to that person. That avoids the flipping of the second car because that customer will never get it but doesn't avoid the first one.
 
Last edited:
Not really. I'm no layer but there are contracts which don't have any serious, legal weight if you go to court. Their more of a "honor" thing than a legal one. Also there are contracts containing illegal clauses everywhere.

For instance, a lot of people sign job contracts with "you can't discuss you salary" type of clauses. Those are not legal in most countries AFAIK. But they exist by the millions. Do you think they would hold in court? No. They're there just for power play.

@Famine is it constitutional to even offer such contracts? I thought, especially in the USA, that if you bought anything it was yours. Whatever you signed before paying for the car, telling you what to do with it afterwards, should be irrelevant after you paying the product's full price.


It just seems a very odd type of clause. Very very odd.
There is nothing in the constitution that regards consumer law.
Purchasing something, as we commonly know it, it just one form of business transaction. There is nothing (logically or legally) that says it has to be that way or anything deviating from that is illegal, much less a violation of ones rights as you seem to think is involved here. Purchases are contractual business transactions. In the typical day to day purchase the contract is implied, an it works (without lawyers and paperwork) because cuturally we know amd accept the terms whoch helps the market run efficiently. There is also nothing that says anyone has to sell something to you either (although cases of this are being worked out in courts due to muddiness of discrimination laws being involved). The free market is called free because of the ability for two entities to chose to engage in transactions with each other. Nobody is entitled to anything, and generally terms of the exchange in written and signed contracts are perfectly fine unless a court deems it inc valid due to misleading terms, violation of existing laws, predatory practices amd othet extreme cases which this is none of.
One of the conditions of purchase is to keep the car for two years. Software licences have worked in even stronger ways for years, that is, you don't own the software, only the rights to use it and with a bunch of restrictions at that.
 
There is nothing in the constitution that regards consumer law.
Purchasing something, as we commonly know it, it just one form of business transaction. There is nothing (logically or legally) that says it has to be that way or anything deviating from that is illegal, much less a violation of ones rights as you seem to think is involved here. Purchases are contractual business transactions. In the typical day to day purchase the contract is implied, an it works (without lawyers and paperwork) because cuturally we know amd accept the terms whoch helps the market run efficiently. There is also nothing that says anyone has to sell something to you either (although cases of this are being worked out in courts due to muddiness of discrimination laws being involved). The free market is called free because of the ability for two entities to chose to engage in transactions with each other. Nobody is entitled to anything, and generally terms of the exchange in written and signed contracts are perfectly fine unless a court deems it inc valid due to misleading terms, violation of existing laws, predatory practices amd othet extreme cases which this is none of.
One of the conditions of purchase is to keep the car for two years. Software licences have worked in even stronger ways for years, that is, you don't own the software, only the rights to use it and with a bunch of restrictions at that.

I've acknowledged the constitutional vs legal difference already.

Software are services, which I've also aluded to in a previous post. But you don't see the same type of contracts for hardware (physical objects / products). Why is it different? Imo, if you buy a car, a watch, a painting, etc, you should be the only one deciding what to do with it. It's yours, it's in your name, so you alone should decide if you want to resell it, dismantle it or put it in the middle of your living room. All those things are legal if you own that object.

It seems to me that a clause which says "you can't sell this object for the next 2 years" touches, to say the least, the right of the legal owner to do whatever he wants with it. In this case, resell a car.
 
their motivation for the entire project is to show Ford's performance abilities and for that to enhance the Ford brand.
Performance abilities and technology that will now trickle down to the inspiring Focus Active crossover. seems like a mixed message ;)
 
Cleary you're in the wrong place then. This is a forum. An article was written about it and a discussion thread was opened. If there's nothing to discuss or question, when why is this open for discussion? I don't like to swallow whatever it's given to me.
It's not a discussion when you just want to repeat that someone's rights are being violated because they're being told they can't sell a car after multiple people have told you otherwise.
Also, I didn't sign anything, so I can question it. You should tell that to John Cena.
John Cena wouldn't be facing a lawsuit if he did, now would he?

Again, companies can rewrite their VIP programs all day long. They can't, imo, claim ownership like rights over something they have sold.
That's why I said what you think is irrelevant. At the end of the day, they can and they do regardless of what your opinion is.
They can be against "flipping" all they want. It's still legal. (I'm not really sure flipping is an accurate word to describe it because we're talking about a car who has been paid for full price to the company who set the price. It's not a speculative purchase where one of the parties doesn't know something about the car). Auctions are famous precisely because flippers (a lot of collector are just another type of flippers) get money out of it.
No one said flipping isn't legal to begin with. Manufacturers however, do not like it because it's profiteering off their product.
Preuninger even took a shot at 911 R “collectors” who were pissed that Porsche decided to offer a manual transmission in the all-new GT3 because they felt it would reduce the value of their 911 R. He told them that Porsche is an automaker, not a “hedge fund.”
Buy a GT3 for $200,000, get it back out on the market early in production, and resell for $250,000. Find the next big car and repeat. In theory, it's easy money and easy to see why manufacturers aren't fond of it. They don't build cars for others to make a quick buck on, and enthusiasts certainly don't like it b/c they get left out on that allocation.

Porsche's GT director has even said they want to see their cars used, not stashed away to be resold.

If someone buys a GT for a million dollars, how does that affect negatively the value of those cars? It may inflate it. But that doesn't affect Ford because Ford already sold those cars in the first place.
Because it negatively affects the market. It drives the values up for those who wanted the car, but were unable to get one and are now at the mercy of a flipper trying to push the market well above MSRP even though the car isn't worth that much. Other people see this and attempt the same, flooding the market, and driving values downwards. Flippers are not good for the used market.

Ferrari's system has a unique way of combating with regular models. You can flip your F430 for max profit, or you can sell it back to the dealer for a lot less (allowing them to resell it for the profit) in return for an early build slot on a new car. This helps the client build a relationship that ensures him better cars down the road quicker.
If they wanted more money they could sell it for a higher price. Or they could produce 1000 instead of 499 cars and people would pay less in case someone would try to flip a car.
There's a bottom line a manufacturer prefers to meet that covers the cost of the car and includes a profit. Producing more cars devalues the market. McLaren suffers heavily in this area because they don't cap their production which is why a lot of used McLarens are well under used Ferrari/Porsche values. Lamborghini suffers a bit as well from the Gallardo/Huracan.

This is why Dodge is ceasing Demon production after 3,000 or so units. That hasn't stopped flippers from trying rake would-be owners for double MSRP.

Ferrari did this with the F50 after the F40 was flipped, which @Tornado touched on.
The practice of flipping became popular with the Ferrari F40, where prices were jacked up to as much as $1 million when the car came out in 1988. As a result, Ferrari dramatically cut down on the number of F50s it produced afterwards and made sure people who were buying them actually intended to hold onto them. A Car and Driver F50 road test from 1997 sheds some light on what this was like:

So why can’t you buy an F50 outright? Well, it isn’t because all 55 of the U.S. allotment has been spoken ton. It’s because the whole passel of F50s was offered only via a two-year lease whose various articles and codicils were fashioned by Ferrari North America (FNA). Even if you possess the requisite $240,000 down payment for the lease (not to mention sales tax and luxury tax), and even if you also are sufficiently affluent to swing the 24 payments of $5600 per month, you’ll still have to summon a $150,000 final payment—again, two years down the cash-littered road—before you can truthfully refer to yourself as an F50 owner.

According to Ferrari North America, this lease-it-or-leave-it scheme is in place simply to weed out avaricious speculators.
That makes all the difference imo. One thing is suing a customer who paid for his car because he wants to sell it (from my pov the 2 year clause is simply stupid and shouldn't hold in court). Another thing is not selling a future car to that person. That avoids the flipping of the second car because that customer will never get it but doesn't avoid the first one.
You only think there's a difference because Ford has the gall to sue. The end game is still the same; car #1 got flipped, owner of car #1 will not be getting car #2 from either manufacturer.

Aston Martin is currently doing this with Valkyrie, per Andy Palmer:
I doubt they have a slot, but if they do and we identify who flipped, they lose the car. If they flip, then they never get another special.
 
Last edited:
Trust me. Ford wont want it back once I get done with it...
205483145972e73e491f585c58681597.jpg
 
Ferrari did this with the F50 after the F40 was flipped, which @Tornado touched on.


You only think there's a difference because Ford has the gall to sue.
And even then that's probably more because Ferrari really doesn't need to so don't bother threatening it. Ferrari kicking you out of the perks they give their best customers like factory tours and early access and information to upcoming models is something Ford can't hold over people unless they think people want to go see Pablo Hernandez or whoever screw together Ford Fusions.
 
It's not a discussion when you just want to repeat that someone's rights are being violated because they're being told they can't sell a car after multiple people have told you otherwise.
And Cena's legal team isn't arguing that the clause is wrong, or illegal, or violation of consumer rights... it's arguing that the dealer never presented it to him.
 
And Cena's legal team isn't arguing that the clause is wrong, or illegal, or violation of consumer rights... it's arguing that the dealer never presented it to him.
Which to me, would be a valid argument and require Ford to punish his dealer for failing to do so. Haven’t heard anything about the dealer though, except for John’s video when he took delivery.
 
Will Ford buy back the GT if the owner wants to sell it? All Ford said the owners could not sell the car but nothing they will buy it back, everyone could have financial hardships and they need to sell non-essential items.
There was thousands of people who wanted to buy the GT only 500 were selected, Ford should buy it back and then sell it to one of the other people.
 
Will Ford buy back the GT if the owner wants to sell it? All Ford said the owners could not sell the car but nothing they will buy it back, everyone could have financial hardships and they need to sell non-essential items.
There was thousands of people who wanted to buy the GT only 500 were selected, Ford should buy it back and then sell it to one of the other people.
Ford likely has a first refusal clause, so yeah, they could buy it back. The problem one might have there though, is that Ford isn’t going to give you anywhere close to what you paid.
 
It just sold for $1.65 million
Screenshot_20180519-131058.png


Edit. Before they started the auction some guy said they went to court and the judge give them the right to sell the car, there would be no repercussions and if Ford wants the car they could bid on it. And then says something like- This is America they can buy and sell what every they want.
 
Last edited:
So I guess then if Cena does eventually loose the court case the car is already out of the picture and done with, the new owner won't have any sudden repercussions right?

Last thing I would want is Ford turning up with a tow truck, the Police and a piece of paper saying they can legally take the car! Frankly with all this hanging over it I would be wary of bidding on it in the first place, pseudo stolen goods!
 
So I guess then if Cena does eventually loose the court case the car is already out of the picture and done with, the new owner won't have any sudden repercussions right?

This one wasn't Cena's as his is blue.

 
It’s the third I’ve seen for sale. First one before Cena’s was a red one in the UAE. Was around a million dollars as well and didn’t last very long.
 
The seller of the GT at Mecum was the 2nd owner of it. And of course Ford is suing Mecum and the seller.
Mecum CEO Dave Magers told Fox News that the company was contacted the week of the event by the seller, who it turns out was the second owner of the car.

According to papers filed in the Indiana Commercial Court in Marion County, the original purchaser, listed as John W. Miller, sold the GT to Michael J. Flynn of Florida-based Hollywood Wheels for $1,100,000 on May 11. Ford told the court that it knew of Miller’s intent to sell the car as early as March 2018.

Flynn then consigned the car to Mecum, who on May 15 advertised on its website that it would cross the auction block on Saturday, May 19. Ford filed a motion for a temporary restraining order (TRO) on May 17 that sought to remove the car from the auction, arguing in part that its sale might cause irreparable harm to the company’s reputation and the integrity of the GT application process.

A hearing on the matter was held on May 18. That evening, Judge Heather Welch issued an order denying the TRO, which allowed the auction to proceed.

Welch wrote that "Ford will not reasonably be able to show that Mecum tortuously interfered with contract between Miller and Ford" since Miller was no longer the legal owner of the car, and that Flynn's purchase was unencumbered as he was “under no obligation to search the records of Miller’s ownership of the 2017 Ford GT outside of the representations made by Miller.”

Welch added that the potential harms that Ford argued – both to its reputation and the GT allocation program – did not outweigh the tangible financial harm to the defendants by its cancellation, and that the company could've taken action weeks earlier when it first became aware that the car was on the market. A counter-petition by Mecum for attorney’s fees was also denied.

Ford is now seeking damages from Mecum and Flynn in the same court system, with the initial case management conference between Ford and Mecum scheduled for Aug 17.

Neither Ford nor Flynn would comment on Welch’s ruling or the pending litigation to Fox News, while John. W. Miller could not be reached.

Mecum has not revealed the identity of the winning bidder, who has so far remained anonymous despite having attended the auction in person.

As far as what the future holds for this car, as possibly the only GT that’s been “jailbroken” in court, don’t be surprised to see it rolling across another auction block soon.
FOX News
 
So the first and second owners are just flippers; car only has 8 miles? Bought the car way over MSRP at $1.1 million but with literally none available to sell (and owners now afraid of a lawsuit), passed the car through an auction to measure what the market was really willing to pay. Original owner knew he wouldn’t be able to do that but still walked away with a hefty profit.

And I’ll bet naturally for the second owner, he’s got a strong case to be exempt as he did not buy the car or sign any contracts from Ford.
 

Latest Posts

Back