JALLEN4

Not necessarily a story but rather a statement of facts. In post #23 I stated I did not see how the dealer could keep the deposit without a signed buyers order. I did not try to keep deposits without a buyers order as I did not take them. By design they would need to be subject to inspection and verification of the vehicle in question. By policy, we had no desire to hold and tie up vehicles that were not considered sold.

defaria

As I've heard the story, no agreement to the non-refundability of the deposit was ever disclosed thus you are not reneging on an agreement you never made. And no, I don't have any problem lying to somebody who's trying to rip me off. I will not start with immoral behavior but I will use it if I'm being unfairly treated. Pretty much the same principle of if you hit me expect to be hit back.

defaria

Yeah but the story, as told, contained no indication that anything was signed. That's where you're wrong here and that's where your advise is no applicable.

[quote[Most people, including many working in the industry, fail to ever turn the form over and read the back page. Doing so will give you a great idea what you are actually agreeing to and your rights as well as the dealer's rights. Dealer organizations in individual states and national dealer groups spend millions protecting the rights of dealers.[/quote]

Yeah but again here this was only verbal and on the phone. Unless the dealer actually read that legalese over the phone he hasn't got a valid, legal reason to keep the money.

This isn't one of them. You have not contract, even verbal, to be held to for things that were not properly stipulated. As described here, they were not disclosed and thus not enforceable.

defaria

Yeah, facts that do not pertain to the instant case and thus irrelevant. Look everybody here knows if you sign a contract with your actual signature and there's legalese there then you can, will and should be held to that contract. This is NOT the case here so I wonder why you're posting about some totally different situation...

That said, signatures are stupid! Mine's often just a squiggly line that in no way represents my actual name. Anybody could do it and that's the point - it doesn't prove that I did it so how and why should it be legal or binding? I've actually signed "I will not pay this bill" on credit card receipts and businesses take it. Some people sign with an X. Signatures don't mean **** anymore but yet will still impart on them legal weight that is really not deserved.

ShagVette

I did cpl months ago back in Oct. Used vette at new Nissan car dealer out of state. Agreed on out the door price verbally on phone, asked for and received an email so had something before making the trip, made $500. deposit on credit card Thurs., went to look Sat., decided to pass because HUD didn't work and felt car was misrepresented - I did ask if everything worked and they said yes.

The $500. charge did not hit my account early the following week, and I though OK good they didn't run it... but it did show up by end of that week. Dealer did not dispute. Charge was reversed week later.

OP here has nothing to worry about.

2K14C7

JALLEN4

I am having difficulty understanding if your two posts are because you did not read the entire thread or just did not comprehend. My response was to the Gentleman who said there was no way a dealer could keep a deposit if the sale was not consummated. That would have been post #35. For the second time, read post #23 where I stated I could not see how the dealer could keep the deposit. Two very different issues.

Big Lebowski

defaria

I was taught not to hit people either but if somebody hits me then those rules no longer apply. Same here. Why do you think it's different? If somebody acts discourteous to you then they should not expect nice behavior in return - period. IMHO the Golden Rule no longer applies when you first violate it.

defaria

My point is that the issue here is about a deal with no contract and you're rattling on about deals with a contract. It's irrelevant and doesn't apply but you drone on and one about it. Why? It has really nothing to do with this thread.

mschuyler

It's a statement of facts that is irrelevant to the issue here. We're discussing apples and you're talking about oranges. We're talking a verbal agreement where the disposition of the deposit was not discussed at all and you're talking about reading the back of a page for terms and conditions that, in this case, does not exist. Like I said, nice story, but it is not pertinent to the issue.

123vette456

I would send the dealer a email cancelling the verbal agreement to purchase which may be barred due to the amount and not being in writing anyway. That is assuming there is a contract to begin with in that there was no meeting of the minds until you saw the purchase agreement. Then I would call my credit card company and request a new card with a new number. Don't have to say it was stolen. No new charges will then be able to be made on the old card. Card company can have a new card delivered in 24-48 hours if you ask.

449er

[QUOTE=rrsperry;1598509310]Why are you asking on an internet web forum? Call a lawyer.[/QUOTE]

Call a lawyer for what? He hasn't been charged anything

Avanti

Don't wait! Contact your CC company... YESTERDAY! Easier to stop a transaction than reverse it! All the best.

Kevin A Jones

You heard it incorrectly as the OP agreed to purchase the C7 from the dealer, and backed it up by making deposit, he did not purchase it therefore he reneged on the agreement.
Secondly, the recommendation was made to lie to the credit card company, stating the card was stolen, the credit card company wasn't trying to rip anyone off.

nmerhaut

Wouldn't that be fraud stating something on intrastate communications and lying to your own CC company?

JALLEN4

Obviously you and Defario are being deliberately obtuse. My response you want to drone on about was to a response by another contributor...not the OP. But, if that somehow makes you feel superior, go for it.

juanvaldez

He said he would buy the car. He changed his mind . . . lied.

defaria

Making an agreement to check out a car and putting a deposit on it so that it's not sold to somebody else is not a 100% agreement that you will purchase the car. The dealer knows it. The OP knows it. If it were then no deposit would be required as he'd have to buy it no? At least that's according to your logic, which makes no sense BTW.

No, until a contract is entered into there is no agreement that the car would be sold to the OP. He was going to check it out. Many very valid things could contribute to his legal right to not enter into the deal and to not lose any money by doing so. As far as he was concerned the deposit was there only to hold the car for him so that he could see it and agree to the final sale. You know this is the case so why are you arguing with me?

I would first dispute the charge with the CC company. It's a valid and legal service that the credit card companies offer so there's no harm in doing that.

If, however, I felt the dealer was extra shady and would run to pocket the money causing me to fight harder to get my rightful deposit back I would not hesitate to report the card stolen or lost to avert that grief. You cross me you better expect to be treated like ****. I have absolutely no problem with that (you do and I don't care that you do). Like the example I've given a few times here - if you hit me, you'll be hit back - PERIOD. And if you attempt to rip me off I will rip you off first. You don't like that - tough. Send the cops. I'll explain it to the judge and I will win. YMMV but mine doesn't.


Prove it. Good luck with that.

Defario eh? That's so 4th grade...

Your rambling about something that's irrelevant. We're just pointing that out. Apparently it caused you to revert to elementary school. Gook luck with that but I've given up trying to reason with adolescents....

Aerovette

I have processed charges of 10s of thousands of dollars without seeing the card, having a signature, or ever seeing the customer.