On February 13, 2018, wrestler and actor John Cena filed a motion to dismiss Ford Motor Co.’s recent complaint against him for reselling a custom 2017 GT sports car, and in doing so, allegedly breaching a contract that the parties had made. In addition to damages for breach of contract, Ford also seeks relief for fraudulent misrepresentation and unjust enrichment.
Ford claims that in 2017 it entered into an agreement with Cena for him to purchase the one-of-a-kind vehicle, and that part of that agreement prohibited Cena from reselling the car within the subsequent 24-month period. Cena denies that such prohibitive period was ever made a part of their final contract. Further, his motion notes that the purchase agreement had been drafted by Ford’s dealer, so any absent resale language in the agreement would have been due to Ford’s own oversight.
According to Ford’s complaint, Cena was chosen from among “thousands of applicants for the opportunity to purchase the Ford GT,” which set Cena back over $460,000. According to its complaint, Ford’s incentive to enter into the agreement with Cena was partially to cater to “those individuals who will be influencers and ambassadors of the vehicle and the Ford brand,” in essence, allowing its purchasers to serve as marketing tools who would presumably boost the brand’s image. Ford’s claim is directly linked to its reliance on the 24-month period of publicity that the company would have otherwise benefited from, had Cena not immediately resold the car. Among other compensation, Ford hopes to recoup the profits Cena made by flipping the GT.