Can I get my money back?

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IrieDahta wrote:


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.
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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

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If they don't deliver the right car (to your satisfaction) on time they have to refund your deposit!
Al

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I know that sounds underhanded, but considering the dealer's tactics it isn't out of line. It also sounds like it has a good chance of working if it goes that far - the snakes wanted to make a quick buck, and if it turns into a big headache for them they will welcome a way out. Being a jerk isn't illegal.
Mike
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Can you get any written acknolegement from the dealer that you want out of the deal? If not, call the police and file a fraud report. They won't do anything with it but it will give you a trime stamp. Most states have a cooling off period (typically 72 hours) and your time is running out. You could also call a lawyer but that might be more than the grand the dealer has. I bet it is too late to stop payment on the check. Those things usually clear overnight, no matter what your bank tells you.
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snipped-for-privacy@aol.com wrote:

The check is still at the dealer. I saw it.They can't do anything with it til Monday because the banks are closed til Monday. I will call the police dept. right now. At least I will have something on record. Thanks.
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Fraud is usually a basis in civil action, not criminal one. After all, it's the OP's word against the dealer's that they lied to her; it's still the OP's fault that she chose not to carefully read the contract; no one held a gun to her head and tortured her into signing the contract before reading it carefully. (I'm not saying the car dealer was honest. I'm saying they didn't commit any obvious crime of which I am aware. Indeed, they car dealership could say to the police, or anyone, that the OP lied, and that it is she trying to steal from them! The dealership has something in writing. The OP has... her word against theirs.)
The OP can ask, but if the police tell her they can do nothing, and suggest maybe instead hiring a lawyer, don't be surprised.
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As someone else pointed out, your state may have a law that allows you to cancel any business transaction within three business days of signing the contract.
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Howard Lester wrote:

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.
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A contract is a contract here, and car dealers are not held in any special regard.
Mike
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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.
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Seth wrote:

Thanks for the clarity.
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Doesn't apply because the car has not been delivered, it's on order.
Al

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Honda dealers do not order cars per your request. All cars are allocated weeks if not months in advance. The car you want is probably already allocated to the dealer and he will earmark that car for you when it comes in. He DID NOT order an additional car just for you. He is just preselling what he has scheduled to arrive. If he didn't sell it to you, he would sell it to someone else, either before it arrived or it would sit on the lot until sold. In essence, he didn't dpend any more time or energy or money to get your car. Howard

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Tell the dealer you are going to get a parade permit and stand with a sign in front of the dealership all weekend exposing that they are crooks.

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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?
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Elmo P. Shagnasty wrote:

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.
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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.
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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.
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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.
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