mich1
08-28-2005, 12:33 PM
Hello,
I read another message in this forum asking about cancelling a car deal after a sale agreeement has been signed. I am from Ontario and would like some help interpreting my rights in this case.
I signed a sale agreement on Aug 21 that was subject to spouse approval (i.e., I said that I was interested in the car but had to check with my spouse before making a final decision). The dealership agreed that this would be a condition of the sale, and they included it in writing on the sales agreement. They asked me to put a deposit of $1000 down so that the paper work (i.e., credit application) could be processed. I agreed to pay the deposit after asking that if my spouse disagreed, I would be refunded the full amount. The salesman assured me that if the deal didn't go through, I would be refunded the entire amount (this was only a verbal agreement).
After trying to convince my spouse to agree, he would not budge, so I called to tell the salesman 'thank you for your help, but the deal is not going to go through.' 5 business days had lapsed since I signed the sale agreement. I received a call back stating that the sales manager is not willing to refund my deposit, stating that I let too much time lapse and when they did not hear from me, they assumed everything was set and that the car was sold, (i.e., and therefore they have not been able to sell it to someone else).
I feel completely taken, our agreement was dependent upon my spouse approving, and to my recollection, they did not say they needed to know the final answer by a certain day. I am confused by the Ont legislation concerning the sale of motor vehicles, whether the 'subject to spouse approval' is valid, if it is not, if I have the 'cooling off period' to cancel the deal, etc.
Any information would be appreciated! thank you
I read another message in this forum asking about cancelling a car deal after a sale agreeement has been signed. I am from Ontario and would like some help interpreting my rights in this case.
I signed a sale agreement on Aug 21 that was subject to spouse approval (i.e., I said that I was interested in the car but had to check with my spouse before making a final decision). The dealership agreed that this would be a condition of the sale, and they included it in writing on the sales agreement. They asked me to put a deposit of $1000 down so that the paper work (i.e., credit application) could be processed. I agreed to pay the deposit after asking that if my spouse disagreed, I would be refunded the full amount. The salesman assured me that if the deal didn't go through, I would be refunded the entire amount (this was only a verbal agreement).
After trying to convince my spouse to agree, he would not budge, so I called to tell the salesman 'thank you for your help, but the deal is not going to go through.' 5 business days had lapsed since I signed the sale agreement. I received a call back stating that the sales manager is not willing to refund my deposit, stating that I let too much time lapse and when they did not hear from me, they assumed everything was set and that the car was sold, (i.e., and therefore they have not been able to sell it to someone else).
I feel completely taken, our agreement was dependent upon my spouse approving, and to my recollection, they did not say they needed to know the final answer by a certain day. I am confused by the Ont legislation concerning the sale of motor vehicles, whether the 'subject to spouse approval' is valid, if it is not, if I have the 'cooling off period' to cancel the deal, etc.
Any information would be appreciated! thank you