Community Forums

Luv2go · 01-05-2013, 10:04 PM

Quote:

Originally Posted by njs42

No keys no deposit keep walkin they are not going to follow. Forget it and move on.

Agreed. You didn't give them any money, they said buy now or never, by walking out you chose "never". Good Choice

!

I, too, hate dealers that try to pull shenanigans like that "now or never" stuff and choose never to grace their doors again!

Wildbob52 · 01-05-2013, 10:24 PM

Quote:

Originally Posted by Luv2go

Agreed. You didn't give them any money, they said buy now or never, by walking out you chose "never". Good Choice

!

I, too, hate dealers that try to pull shenanigans like that "now or never" stuff and choose never to grace their doors again!

I had a saleman tell me at one dealer before Christmas that if I bought a vehicle I would be a guest over at his house for dinner. I could see when I left the lot with the vehicle I would never hear from him again. Sales people will tell you anything to sale a vehicle.

**NLOVNIT** · 01-05-2013, 10:42 PM

Quote:

Originally Posted by S20BOW2

NO, you have 3 days to decide.

This only applies if you are solicited to make the purchase. See HERE.

What does the contract you signed state?

Lori-

FishaPalooza · 01-06-2013, 12:56 AM

In most states you don't have any days to back out if you went to his lot unsolicited. The cooling off period (3 days depends on state) is if someone solicites you either by telephone or knocks on you door. Check your state laws.

Wildbob52 · 01-06-2013, 01:00 AM

Quote:

Originally Posted by NLOVNIT

This only applies if you are solicited to make the purchase. See HERE.

What does the contract you signed state?

Lori-

I don't know because they never gave me a copy. I'm going to ask my lawyer Monday.

EngineerMike · 01-06-2013, 01:12 AM

I wouldn't even bother w/the attorney. A contract requires 3 things- Offer & acceptance (presumably a signed agreement meets this hurtle), and consideration. Consideration can be minimal, even $1. If you never gave them anything but a signature, there is no consideration, unless they can prove they are out something by having to hold the vehicle and not sell it, or perhaps they put 4 new tires on it per your agreement even tho you paid nothing (this last is called "relying to their detriment" on the agreement & equals consideration).

I'd bet a pile when they get a new fish on the hook they'll tear up your paper & sell the rig to the next guy.

Heating man · 01-06-2013, 03:43 AM

Quote:

Originally Posted by Wildbob52

Tennessee might have diffient rules. They wouldn't let me come back the next day. They said buy now or never come back. I wanted to make sure I'm getting a good deal and look it up on NADA website but no I cann't do that.

I don't think I would buy from someone who told me if I didn't buy today not to come back again later. That soulds like a bad operation to me.

wingnut60 · 01-06-2013, 08:32 AM

They said "Buy now or never come back"---Classic reason to walk--maybe run--away from that dealer. And you left without a copy of all the paperwork? Shame on you.
Joe

fvstringpicker · 01-06-2013, 11:31 AM

Quote:

Originally Posted by Wildbob52

Hi, I was going to buy a used 2001 truck and backed out at last minute but I signed the papers to b
Thanks, Bob

Quote:

Originally Posted by EngineerMike

A contract requires 3 things- Offer & acceptance (presumably a signed agreement meets this hurtle), and consideration.

It looks like the dealer may have a standing to sue. They have a "bargained for" exchange and both promised to do something, of legal value, they had no prior legal duty to do. Consideration does not have to be in the form of currency. The dealer's consideration is the truck and the buyer's consideration is the promise to pay for it.
(nevertheless, it is unlikely the dealer could force the buyer to take the truck (specific performance). Two possible outcomes are the dealer will simply not pursue it, or will sell it for a lesser price and sue for the difference.

Wildbob52 · 01-06-2013, 03:54 PM

I'm contacting my lawyer to see if I have to end up buying this truck for 10000 dollars.

Thanks, Bob

ralphie · 01-06-2013, 05:31 PM

Probably no contract based on what you said, and the 72-hour rescission clause if for home-related purchases, not at the dealer/store. I wouldn't worry about it unless the dealer pursues you, and then speak with an attorney to make sure you're okay in your state.

Wildbob52 · 01-06-2013, 06:32 PM

The problem is I signed about four forms. No money was given. If I do buy this what pervents them from messing the truck up? They kicked me out when I said something about a lawyer and now I wished I never said that.

fvstringpicker · 01-06-2013, 08:26 PM

Why did you decide to back out on the deal? Its doubtful they will pursue you in court. They would have to show damages, which would not be easy since they still have the vehicle, and an effort to mitigate damages. What state did this transaction take place?

Mr_D · 01-06-2013, 08:36 PM

Quote:

Originally Posted by S20BOW2

NO, you have 3 days to decide.

Only if they came to your home and you signed the contract there. There is no 3 day rescission law according to the magazine articles that have been published.