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Not everyone agrees.
The New York dealers suing Ford argue that the provision in the program that prohibits uncertified dealers from selling EVs is illegal.
“Each dealer under the current franchise agreement is entitled to every Ford vehicle produced with that nameplate, including the latest EVs,” said Rich Sox, one of the attorneys representing the dealers. in an interview. “They are entitled to their fair allocation of those vehicles based on their market size, sales history, etc. It’s about making sure that all dealers have access to EVs and don’t end up in one of the three category arbitrarily created by the program.”
Ford argued that it plans to continue investing in gasoline-powered vehicles under its Ford Blue business unit so that dealerships that don’t sell EVs can continue to be successful.
“A dealer that loses the ability to sell and service EVs — the future of the auto industry — will soon become unprofitable and eventually out of business,” the New York dealers wrote in their lawsuit.
The protest in Illinois, as well as a complaint filed with the Arkansas motor vehicle commission in October, raises similar points.
“Ford willfully withhold new and potentially profitable products from dealers, where they have an existing contractual and statutory right, unless dealers agree to extreme, unreasonable, and anti-franchise which conditions Ford insists on,” Illinois dealers said. “To be sure, there is nothing ‘voluntary’ about Ford’s illegal take-it-or-leave-it program.”
Despite the opposition, Farley said last week that he did not regret launching the program.
“There’s always a better way,” he said. “But I don’t think we made, really, any big mistakes.”
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