>
> >
> > Steve Bigelow wrote:
> >
> >>
> >> >> I have made a small deposit but have not made payment or even picked > >> >> the
> >> >> car up
> >> >> yet. Is there any way I can back out of the deal.
> >>
> >> > Do you think that this article of the Consumer's Protection Act would > >> > be
> >> > applicable
> >> > to my situation??
> >>
> >> > Let's say you make a purchase or sign a contract in your home. If the > >> > deal
> >> > is worth
> >> > more than $50, you have the right to cancel within 10 days. If you do > >> > this
> >> > by
> >> > registered mail or hand-delivered letter you're entitled to get your
> >> > deposit back.
> >>
> >> Did you sign the contract in your home?
> >>
> >> Kiss your deposit goodbye.
> >
> > Yes I think but is that all??
>
> That's the minimum.
> You have indeed signed a contract to purchase a car, and should do so. >
> > This is where I stand now.
> > I signed an agreement to purchase, paid a small deposit and signed my > > change of
> >
> > registration. The only thing I have not done is made payment or take > > possession.
> > and I still have possession of my old car.
> >
> > How do you think I stand??
>
> You can always ask....certainly don't expect to get your deposit back.
I am not sure how this will play out but I did a little reading on my sales contract and found two section that are applicable to my situation. They read as follows:
- Failure to Accept delivery or to pay. If I fail to accept delivery of the Vehicle within 7 days of you notifying you by registered mail that the Vehicle is available for delivery, or if I fail to pay you the full Amount Due on Delivery, you will be entitled, in addition to any other rights or remedies you may have, to cancel this Agreement and to deduct the amount of your damages from my Deposit.
- Explanation of Damages. If you keep any part of my deposit you will provide me with a written calculation and brief explanation of your damages.
Also according to the agreement my trade in constitutes part of the deposit. That could be nasty!
Any thoughts? (I hope this dealership is reasonably ethical.)