Can I get my money back?

Apr 29, 2006 66 Replies

Last night I went into a Honda dealer and agreed to purchase a new car. I really wanted to pay at most $300 a month, over 5 years, but the dealer said that would not be possible because of the overall cost of the car.The initial quote the dealer gave me was $395 a month for 5 years. I said that was too much.Then he asked "Could you do $330 a month?" and I said ok. . I thought he meant $330 a month for 5 years. Wouldn't you? . So,as I was going over the contract when I went home, the contract said over a period of 6 years, not 5. I had told the dealer that I could not do 6 years and yet, that was what was on the contract. I was so tired last night that I do not know how I could have signed the contract. Anyway, this morning, I went back to the dealer and told them that I did not realize that it stated 6 years, after we had discussed 5 years.The thing is, I had made a $1000 deposit, which I was told is non-refundable if, after they order the car and it comes in in 2-3 weeks, I decide I don't want it anymore. I would get back the money if after ordering the car and it arrives, I take the car. Listen, I ordered the car last night and I went back to the dealer this morning,less than 12 hours after. The car won't be at the dealership til 2-3 weeks. Why can't I get the money back? Is that legal for them to keep it, when I was told that I would NOT get it back AFTER the car arrives and I decide I don't want it anymore?


I cant imagine a reputable dealer that would not return your money after 12 hours and you have not picked up the car. I would head for the general managers office or the dealer owner. They have tried to pull some funny business with you and were not successful. I would tell them to refund my money or my next call will be to the Better Business Bureau. Let us know how you come out. Scott

Does the contract itself say anything about the terms of the deposit?

Things you don't have going for you: You signed a contract, indicating you had read it.

Things going for you: Barely a day has gone by. Demand to see the salesperson's supervisor, then his/her supervisor, and on up. Tell them what happened. Explain you will tell everyone you know what happened and that you will not bring your car there for service, nor will you ever buy another car from them.

Do not trust anything that comes out of the salesperson's mouth. Get any promises in writing.

Read the April issue of Consumer Reports for tips on buying a new car. Also, google for tips on doing so.

If a person goes in unarmed to a dealership, the person will be sharkmeat. There is nothing like the car business as far as unethical, dishonest, practices go.

"IrieDahta" wrote

Do you think that if I stop the check, they will take me to Collections for it? That is another matter that I couln't be bothered with. I know I don't want the car anymore because I was deceived.

Thanks a lot. I will let you know on Monday; that's when the manager will be at work. Wanted to stop the check, but it might not be such a good idea.

Thanks for yor help

I would not rule stopping the check out. It would depend on whether there was anything in writing concerning the deposit, and how obnoxious they had been so far. Also, whether there is another dealer near you with whom you can work.

  1. | I had told the dealer that I could not do 6 years and yet, that was what was | on the contract. I was so tired last night that I do not know how I could | have signed the contract. Anyway, this morning, I went back to the dealer and | told them that I did not realize that it stated 6 years, after we had | discussed 5 years.The thing is, I had made a 00 deposit, which I was told | is non-refundable if, after they order the car and it comes in in 2-3 weeks, | I decide I don't want it anymore. I would get back the money if after | ordering the car and it arrives, I take the car. Listen, I ordered the car | last night and I went back to the dealer this morning,less than 12 hours | after. The car won't be at the dealership til 2-3 weeks. Why can't I get the | money back? Is that legal for them to keep it, when I was told that I would | NOT get it back AFTER the car arrives and I decide I don't want it anymore?

If the deal involves applying for financing and dealer is made aware of that, then if the application for financing falls through, you may have an out. There's a cancellation provision in the law for failed financing.

At if you are stuck with it, however, you are probably getting a signficantly better vehicle since it's worth $4,000 more. Considering Hondas hold up well on resale, you'll get a chunk of that back later. Until then, you'll be driving a nicer vehicle than you originally wanted to buy.

Be happy and charge it to experience.

I won't be driving a nicer vehicle than I originally wanted to buy. It's the original car, just more payments. I really am stressing over this. How can I be happy when I have $1000 on the line and I KNOW I don't want to pay so much for the car. I cannot afford to.

Cancel the check and call the dealer's general manager. Let him know that you are not happy and feel that you were deceived about the loan terms. If he gets tough, tell him that you will call the better business bureau, your state's attorney general office, and the local newspaper or TV station.

The worst thing that can happen is that you will have to write another check and take the car. Once that check clears you will have to go to court to get your money. If the check has cleared, small claims court will be you best option.

A lawyer once told me there was no such thing as a non-refundable deposit. Depending on your state, you might have certain legal rights that will make it a cut and dry matter. Some states have a 3 day buyers remorse period.

Last but not least. Never tell a dealer how mush you want to spend. Never go on a car lot without knowing what you want, how much to pay for it, and pre-arranged financing. When you openly shop based upon a payment amount, you are doomed to over pay for the car and finance options.

Good luck and don't be afraid of these guys.

It depends on where you are. Here in Arizona there is a 3 business day "buyer's remorse" period that attaches to all purchase contracts.

A friend was subjected to about the same thing several years ago, when he stated no more than $200 per month for no more than 48 months. The salesweasel shot him over a dozen proposals that were either too much money or too many months. Ultimately the snake came up with a contract and went over the terms as he pointed them out: just under $200 per month for 48 months. The problem: the contract actually said 60 months, and my friend didn't notice that until the financing finalized a week later. He called the Attorney General's office and was advised to go back and try to work it out with a friend present... that was me. Predictably, the dealer sent person after person back to work him over various ways over a period of two hours. The breakthrough came when I offered to take him home so he could leave the car there until it was settle in court. The dealer found it very unnerving that I would not say exactly what our relationship was and that I was the one talking about fraud, rather than their customer. Eventually they renegotiated to match his stated requirements.

Anyway, a call to your state's Attorney General office should give you some good advice. In the meantime, I suggest you send a letter by registered mail to the dealer ASAP explaining why you feel the contract was made under duress and that you want to rescind your agreement. Note that they have not delivered the vehicle and you do not intend to take delivery until the situation is remedied. Having that on record can't hurt.

Or there is the direct action approach I found one woman taking: picketing on the sidewalk in front of the dealership with a sign saying they mistreated you when you bought a car. Remember - stay on public property and keep moving (so you aren't loitering). Somebody will be out *very* soon, I guarantee it. Don't be intimidated, and if a policeman shows up follow his directions.

Mike

Thanks alot. Do you think it will be wise to canncel the check? Maybe I should go that route. I live in NC and unfortunately, I can't get in contact with a lawyer before Monday morning- that's when I KNOW the dealer will be taking the check to the bank. Don't want to run the risk of '"waiting too late."

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.

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.

wrote

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.

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.

Who is the dealer and what is the NC city?

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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