Actor and pro wrestler John Cena asked a Florida judge Tuesday to dismiss a lawsuit alleging he violated an agreement by selling his $450,000 Ford GT supercar.
Ford filed a lawsuit against Cena in November alleging the actor was flipping the 2017 Ford GT he purchased in October. According to Ford, Cena agreed he wouldn't sell the car for at least two years. Ford sued for breach of contract, fraudulent misrepresentation, and unjust enrichment, and is seeking the profit Cena made on the sale.
In a motion filed Tuesday and obtained by Motor Authority, Cena's lawyers said the sale restriction was left out of the final binding purchase contract, which was dated October 12, 2017. Specifically, the motion contends that "Ford failed to cause its selling dealer to include any resale restriction."
Ford's lawsuit, obtained by Motor Authority and filed in the U.S. District Court in Eastern Michigan, offers three documents as proof of the initial agreement: the Ford GT Application Program Terms and Conditions; an Affidavit of Eligibility and Release that Cena signed and notarized on July 29, 2016; and the Ford GT Order Confirmation that he completed on January 28, 2017. The Ford GT Order Confirmation contract includes language stating that the buyer agrees not to sell the vehicle within the first 24 months of delivery, as you can see here:
Cena's signature is located at the bottom of the page, along with the date of 1/28/17. A deposit for half of the sale price, or $230,000 was then due by 2/1/2017 or the build date would be delayed.
That contract also shows that Cena's car had a base price of $450,000 and came with only two options: Liquid Blue paint for $5,000 and a leather-wrapped steering wheel for $250. Add in the $3,750 destination charge and the total came to $460,000. It's not clear how much Cena sold the car for last year.
We scoured the other exhibits and found no mention of a requirement to not sell the vehicle within the first 24 months.
While the Ford GT Order Confirmation form clearly shows that the language was in Ford's paperwork, the stipulation was missing from the final dealer paperwork.
Now, it will be up to a judge to determine if the terms of sale among Ford, the Florida dealer, and Cena precluded the wrestler from selling the car.
The outcome of the case will be of great interest to the other 2017 and 2018 Ford GT owners, many of whom could also profit from the sale of their cars. Ford is only building 250 of the GTs in each of the first two years, but the company has extended the production run for another two years. That means there are at best 500 cars out there at this point.