I made a verbal agreement to buy a vehicle from a dealer and gave him a down payment. He gave me a spec sheet with a price. When I went to buy the vehicle, it was a different model year, a different price, etc. I refused to buy vehicle. Now he won't give me my down payment back because I didn't fulfill the agreement. Can he do that?
2007-04-18 09:44:06 · 7 answers · asked by inqwzitv 2 in Cars & Transportation ➔ Buying & Selling
The old joke: A verbal agreement isn't worth the paper it's written on.
If you have proof you gave him a down payment on a specific vehicle, and he didn't fulfill that, you have a right to your money back. If he claims you didn't fulfill an agreement, ask him for a copy of that agreement with your signature. If he can't do that, ask again for your money back. If you don't get it, consider small claims court.
2007-04-18 09:51:46 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
Even if you made a verbal agreement, show him the spec sheet he sent to you and explain that the spec sheet differs from the vehicle he is trying to sell you. The spec sheet proves he didn't fulfill the agreement.
If he refuses, I'd get some legal counseling and possibly file a small claims action against him.
2007-04-18 09:49:47 · answer #2 · answered by hsueh010 7 · 0⤊ 0⤋
Yes, an oral agreement is binding, provided you have the necessary proof of the material terms (i.e., witnesses, actions of the other parties, etc). Yes, you have accepted an offer of permanent full-time employment, so that is what you have. It doesn't matter what manager did this or said that; they all represent the same company and the contract is, in fact, binding on the company. At least in theory. What you do NOT have is a contract for any specific period or duration, meaning you can quit at any time and they can fire you at any time. Knowing this, you can STILL have the conversation with management about how they go about changing your status without first discussing it with you. They can then fire you on the spot, or make you an offer of part time with 3 months probation. Bottom line, do you like having that job or not?
2016-04-01 07:33:39 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your agreement with him was legally binded. I do hope that the spec sheet he gave you outlined the downpayment you have made and the balance that was remainding on the car. If it does, take it to an attorney-at-law. He should refund you with your deposit amount without with holding any of the amount.
Get your self a lawyer as soon as possible. Good luck.
2007-04-18 09:55:13 · answer #4 · answered by Anonymous · 0⤊ 1⤋
in short no he can not do that. you need to ask to speak with the manager or the owner. If he is the owner then I would sugest calling the better business bureu or the attorney general for your state. a down payment if for goods received if the goods were not delivered then the down payment is to be refunded.
2007-04-18 09:59:02 · answer #5 · answered by hunting4junk 4 · 0⤊ 0⤋
Did you get an invoice with a VIN? or anything specific to the car you were buying. You can go to the Better Business Bureau or if you are in Ontario you can call OMVIC.
2007-04-18 09:52:30 · answer #6 · answered by Gone fishin' 7 · 0⤊ 0⤋
no...thats fraud...call the company that makes the car and tell them what the dealer is doing, then call your state attorney and the BBB...see a lawyer if you have to, but usually calling the car company will suffice.
2007-04-18 09:48:57 · answer #7 · answered by Chrys 7 · 0⤊ 0⤋