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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

DannyO
08-28-2005, 02:43 PM
Well I can't give you any official info, but I think there trying to take you on a ride, they can't go ahead and do something becuase they PRESUME the deal was fine, thats bullshit, thats like me stealing a car and presuming the owner didn't want it anymore.

Try threats with lawyers, phone the newspaper and let them know about it (could make news), phone another dealership and ask them there opinion on this situation.

Weapon_R
08-28-2005, 02:44 PM
More importantly, how did you pay this deposit?

DC2uned
08-28-2005, 02:55 PM
When i picked up my Audi at first i backed out on the deal the day i was supposed to pick up the car. The sales manager knows us and had no problem with returning my deposit etc. After a week later I changed my mind and decided to get it. After two weeks of owning it i was unhappy and ended up returning it for my old car.

It depends what dealer you went to, and if you a returning customer. If its the first time you went to this dealer there is no way in hell you should expect that he will refund your deposit, he hasn't built a relationship with you and there is no reason for him to lose that money, especialy if they are a small shady type dealer.

mich1
08-28-2005, 04:49 PM
Thank you for your responses. I do feel like they took me for a ride and I can't believe they thought the deal was good when they didn't hear from me, their last words to me on that first day were 'we hope the deal works out!".

I paid by credit card and the credit card company (visa) said they would help me dispute the charge. Other than that, I'm on my way in there tomorrow to drop off a letter that states the deal is off based on the agreed upon condition of the agreement.

It's a shame that business practice such as this would be influenced by a previous relationship (or not) with a dealership. I went to a new dealer primarily out of convenience (just moved) and it's reputable (Volkswagen/Audi) (or so I thought).

My next route if they don't give me my deposit back will have to be a promise to contact a lawyer and the news media route I guess...it may receive attention, especially with Ontario's new legislation to protect consumers - but I'm not sure if it applies to the sale of new cars.

DannyO
08-28-2005, 08:29 PM
Good to hear mich, keep us informed.

DC2uned, I know alot of businesses work like that and I gotta say its a really shit way of how things work, I shouldn't have to be friends with someone in order for me to get the same deal that they COULD offer or the same treatment, if I ran a business I would treat everyone equilly and everyone would get the same offers, I dunno I just think its a shit way of doing things, having to be friends or build a relationship to some wanker to get better treatment, fuck that shit.

Sharpie
08-28-2005, 08:40 PM
Originally posted by DannyO
Good to hear mich, keep us informed.

DC2uned, I know alot of businesses work like that and I gotta say its a really shit way of how things work, I shouldn't have to be friends with someone in order for me to get the same deal that they COULD offer or the same treatment, if I ran a business I would treat everyone equilly and everyone would get the same offers, I dunno I just think its a shit way of doing things, having to be friends or build a relationship to some wanker to get better treatment, fuck that shit.
:werd: That is gay if they wouldn't return the deposit just because the person is a new customer.

heavyD
08-29-2005, 07:50 AM
Originally posted by DC2uned
It depends what dealer you went to, and if you a returning customer. If its the first time you went to this dealer there is no way in hell you should expect that he will refund your deposit, he hasn't built a relationship with you and there is no reason for him to lose that money, especialy if they are a small shady type dealer.

Complete bullshit. Just because DC2uned is okay with being taken advantage of doesn't mean anyone else should. They cannot take that money from you as long as you have the signed contract with the stipulations. Between Visa and a lawyer you should have no problems getting the money refunded.