Can I get my money back?

It is a drastic step since you need a solid reason to cancel it, but if done in conjunction with the letter it is probably a good idea. It would be hard to get the deposit back otherwise, and doing so will jam up the works on the contract you want to nullify. The sooner the better on that.

Mike

Reply to
Michael Pardee
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Yeah.

And then I'd read the contract before I signed it.

When it said something different, I wouldn't sign.

You went over the contract AFTER you signed it and not before????

You just learned a very valuable lesson.

When you bought a home, did you involve a lawyer?

Reply to
Elmo P. Shagnasty

If the dealer decided to cancel the contract they would probably still keep the deposit. Or was that the down payment? Are you planning to keep the car for more than 5 or 6 years. After a few years or when the warranty expires you could trade in the car for a newer one.

Reply to
Alan

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Here's another idea: Pull the money out of the account and force the check to bounce; pay the bounced check fee's. wouldn't that force the financing to fall through?

There's probably holes it this way's logic; and I'd probably just follow Michael's advise; and cancel the check-- but hey, this teaches us all a good lesson.

Steve

Reply to
Stephen H

I had to involve a lawyer when I bought a home. Do people usually get lawyers when they are purchasing a car? I have learned a valubale lesson indeed. I did put a stop payment on the check, so let's see what's going to happen.

Reply to
IrieDahta via CarKB.com

That would be criminal check fraud.

Reply to
Seth

The cops might visit you. Stopping payment on a check can be a crime if it was planned. On the otherhand it is only a contract dipute if it was not premeditated. If the cops stop by tell them you realized they lied to you about what the contract said and that is why you stopped payment.

Reply to
Art

Here's how that $1,000 deposit works. The dealer requests it as insurance that you will go through with the sale, subject to approval of financing. If financing falls through, there is no deal, and you get the deposit back. If financing does go through, you will get the $1,000 back. Most people apply it to the down payment. If you refuse delivery of the car, and there is nothing wrong with it, you forfeit the $1,000. By stopping payment on the check, you have, in effect, committed fraud, and if the dealer pushes it, you will indeed be visited by the police, who will give you a court summons. You will do your explaining to a judge, not to a cop. If I were the dealer, I would simply drop it and send you to see my most hated competitor.

FWIW, you don't really have to give the dealer a deposit. Last new car I bought was a Subaru in 1998. After I test drove the car we settled on a price, but no papers were signed, as I wanted to pursue my own financing, and let my wife try the car prior to final sale. He wanted a $1,000 deposit to "hold" the car for 14 days. I told him if he could sell the car before I made up my mind, to go for it. I'd simply buy another one from another dealer. I wound up buying the car and never gave him a deposit. Another time, a dealer wanted a $1,000 deposit, and I told him all I had with me was $100, and I didn't have my checkbook. He accepted the $100.

It appears to me you're not well versed in the ways of the world, as you keep compounding your mistakes. Stopping payment on that check was not the smart thing to do. Hopefully, ther dealer will see this as not worth the bother, and drop it. I really hope that's what happens. I'm guessing you are young. If I'm right, get an older friend or relative to go with you when you make a major purchase like a car. And for God's sake, don't go on the internet asking for advice from a bunch of strangers that don't know any more than you do.

Reply to
George Adams

I heard is doesn't apply to autos because people would purchase a car, take it for a joyride for a couple of days and cancel the contract.

Reply to
Alan

I've had to stop payment before, when it was apparent I was being scammed. I never had any trouble from it. The mechanism exists for a purpose, but it's true that one needs a good reason to do so. In this case there should be no problem; making the contract dispute formal covers that base and there has been no value received at this point. Certainly, without the stop the money will be very hard to recover.

The whole affair pivots on money - the dealer hopes to get some whether or not they ever deliver anything to you, and if they snag some they know the tricks to cheat you out of it without overt criminal action. The very last thing they want is for this to go to court.

Disclaimer - I am not a lawyer.

Mike

Reply to
Michael Pardee

"George Adams" wrote

Posting to an internet public forum often elicits many, valuable responses. Is it not the ultimate marketplace of ideas, after all? And isn't give and take in ideas the surest way to greater truths?

In particular, fora like this one produce priceless anecdotal experiences that one simply can't get, or can't get very quickly at all, from any other resource. People tend to take some kind of average of the responses they read and apply them. Others re-read the thread even years later and learn from it. As a result, I believe the internet has increased market competition and helped ensure better prices, via, for one thing, teaching people the art of haggling at a ridiculously accelerated rate compared to the years before the internet.

Or consider regular poster Tegger's Honda/Acura "home-made" site. IMO it now denotes the Mother Theresa of Automotive Community Service. I bet it's crazy how many people it's helped. How did Tegger's site come about? In no small part through regular discussion--and often ultimately extraordinarily valuable vigorous debate--right here. People now get to truths more quickly than every before. Plus this newsgroup and sites like this promote passion for a very healthy pasttime.

I personally don't discourage anyone from asking a question in a public fora such as this. On the contrary, most times I feel like the only stupid question is an unasked one.

Reply to
Elle

Then I guess you don't really know much more than I do. Thanks anyway.

Reply to
IrieDahta via CarKB.com

The difference is that the contract validity is being called into question by dint of duress - any contract made under duress is invalid. If you agree to withdraw money from an ATM and give it to an armed robber, even if he makes you sign a contract, that contract is unenforceable. The elements of a contract are offer and acceptance, and both must be freely given.

Stopping payment is entirely proper at this stage in any event, as no value has been received. The penalty would be limited to whatever the contract specifies for breach of contract... if it is found to be valid. If the OP had the car, it could be fraud - that would be a matter for a court to decide. If the buyer tried to prevent the seller from recovering the vehicle, it surely would be. Otherwise....

I am not a lawyer.

Mike

Reply to
Michael Pardee

Dunno about other places, but it definitely applies to cars here in Arizona. A contract is a contract here, and car dealers are not held in any special regard.

Mike

Reply to
Michael Pardee

I would like to thank everyone for his /her help. I do value your input and hope that everything will wok out in the best interest of all parties involved ( although I duubt this will be possible). I have wriiten a letter to the manager at the dealership regarding my concern and will cc it to higher authorities if need be. I will get it notarized tomorrow and send it as a certified mail.. When I meet with the manager tomorrow,I will also hand him a copy in person. I have stopped payment on the check and hope we will reach an amicable decision. Thanks again,guys.

Reply to
IrieDahta via CarKB.com

Once you take the vehicle it is no longer a contract, rather a completed transaction so that doesn't apply in the case(s) we are talking about. What you are talking about is buying a car and returning it.

Reply to
Seth

Well in all fairness, he's not out $1000 on a car he doesn't want or like the terms of so he knows at least a little more than you do...

Reply to
Seth

Best of luck to you - I think it will turn out okay enough. It is a good bet they do business like this all the time; some dealers are just that way. I would bet you will be given a combination of puppy-eyes (why, what's the matter?) and thinly veiled threats (you signed the contract; you owe this money now). It makes me wonder if places like this are training grounds for abusive mates. Anyway, if you take a bunch of deep breaths and hold your course as best you can you will do fine. All they want is your money. The very last thing they want is to get the law involved; it will only cost them money.

Mike

Reply to
Michael Pardee
1) "STOP PAYMENT" on your check if it's not to late!

2) Call the "BBB" and ask for their advice.

3) Call Honda and tell them your story.

4) If all else fails you have the right to take the vehicle for a test drive when it comes in "BEFORE" you pay any more money. Take it for a ride and tell them it's not acceptable. It doesn't handle the way the demo did, it seems to vibrate, you see defects in the paint, the brakes don't feel right, the transmission feels like it's slipping, it doesn't have the power the demo had, and on and on. You have the right to test drive the vehicle when it comes in and reject it if for any reason. Then tell them you can't wait any longer for a car and you have decided to put some money into the car you have and make it last a little longer. RUN FROM THIS DEALER AND NEVER GO BACK!

Al

Reply to
ajtessier

Also bad publicity will cost them money as well. I've learned to be wary of salesmen and try to read the fine print.

On a similar note when I was buying my Accord, I went ahead and got a pre-approved loan from my C.U. Figured out exactly what my monthly payment would be. Finance guy was going to offer me a higher APR unil I showed my pre-approval certificate. Lowered the APR but the payment was still higher than it should have been. He tried to add the extended warranty without telling me. After all was said and done, I was able to get the lower APR w/lower montly payment.

-Dave

Oh, what was the saying? "Hold your friends close. Hold your enemies closer." Something like that. Be wary when shelling out your money. Good luck!

Reply to
Dave L

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