Wrestler-actor Cena asks judge to dismiss Ford’s suit over his sale of GT
John Cena is seeking to have the lawsuit levelled against him by Ford dismissed, claiming the clause in the contract he’s accused of having violated was never in the ownership papers handed to him by the dealership.
Ford is suing for breach of contract, fraudulent misrepresentation and unjust enrichment because the pro wrestler and actor sold his 2017 Ford GT just a few months after taking delivery of it when, the automaker says, he agreed not to sell it for two years.
The restriction is meant to stop the car’s owners — who are limited in number and were hand-selected by Ford — from flipping the car for profit.
“Ford failed to cause its selling dealer to include any resale restriction” in the final binding purchase contract, Motor Authority quotes the motion submitted by Cena’s lawyers to a Florida judge.
As proof to the contrary, Ford provided the court with three documents that outline the restriction: the Ford GT application program terms and conditions, an affidavit of eligibility and release, and the Ford GT order confirmation form. All three had been signed by Cena.
According to Motor Authority’s review of the documents submitted to the courts, both parties may be correct. Ford may have indeed had Cena sign several documents with the sales restriction in them, but the clause may not have been in the final Florida dealer paperwork.
Ford is seeking the profits that Cena made from the sale of the car, which he bought for $460,000; exactly how much money that would be is unknown. Much more than that is at stake, however, as the ruling could free the other 499 owners of the model to similarly flaunt the restriction if the contract is found to be non-binding.