How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Legal Ease Your Own Question

Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86782
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Legal Ease is online now
A new question is answered every 9 seconds

Can I get my $800 deposit back from car dealer?a) there

Customer Question

Can I get my $800 deposit back from car dealer?

a) there are two purchasers in the purchasing agreement (my wife and I). I signed the agreement but my wife didn't sign. She was not in site at that time.

b) The purchasing agreement includes a "trade-in", and the trade-in car is under my wife's name. My wife didn't sign any "trade-in" documents yet.

c) On the back of the "Purchase Agreement", there are "terms and conditions". In the "terms and conditions" section number 8 (Cancellation): it specifies that the dealer should return the deposit back to the purchaser if cancellation with mutual consent.

I think the transaction is not complete and the agreement is not valid. But the dealer don't want to give my deposit money back.

Can I get my money back?

Thanks!

George
Submitted: 1 year ago.
Category: Canada Law
Expert:  lawpro replied 1 year ago.
Hello, my name isXXXXX am pleased to be able to assist you.

I'm sorry for your situation.

There may be a slight delay between your follow ups and my replies as I type out a reply and I like to be thorough plus I'm also assisting other customers. Thank you for your patience.


Did you already get or take possession of the vehicle you were purchasing?
Customer: replied 1 year ago.

No, the vehicle is still in the dealership.

Expert:  lawpro replied 1 year ago.
I just realized or found out that this is a Canada law question. I will have to opt out and notice the Canadian solicitors of your question. I'm a USA attorney.

Sorry for any confusion.
Customer: replied 1 year ago.

ok. Thanks!

Expert:  Legal Ease replied 1 year ago.
What province are you in?
Customer: replied 1 year ago.

Ontario

Expert:  Legal Ease replied 1 year ago.
Would you say you were unduly pressured or mis-represented in some way?
Customer: replied 1 year ago.

kind of. The transaction took only about half an hour and my wife didn't know the details of the transaction (she was not there). That's why she refused to sign any documents.

Expert:  Legal Ease replied 1 year ago.
You don't have the right to cancel this type of contract in Ontario because you've changed your mind.

The only way a Court will set this aside is if you can prove you were mis-represented or were unduly pressured.

Otherwise this goes beyond the deposit and they can sue you to complete the contract.

They cannot sue your wife but they can sue you.

So I suggest you do your best to try and convince them to let you out because they know the law and know you don't have the right to cancel.

If you start talking about being unduly pressured maybe that will work.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86782
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

But I cannot get my wife's signature. That's her car ('trade-in'). Do you think the agreement is not valid without her signature?

Expert:  Legal Ease replied 1 year ago.
I think the agreement with you may be valid and if you cannot get your wife to sign they could sue you.

I cannot read the document but if you agreed to buy a car and it was not clear that both had to agree you could be sued.

Do you have the agreement there?
Customer: replied 1 year ago.

thanks!


 


But I cannot get my wife's signature. That's her car ('trade-in'). Do you think the agreement is not valid without her signature?

Expert:  Legal Ease replied 1 year ago.
What I am saying is it could be and they could sue you.

Here's what I suggest.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or 416-947-3330 (within the GTA)

Do that tomorrow and ask the lawyer that you consult with if he thinks you are liable because you signed.

If he/she says yes ask what to do and how much the lawyer would charge to write one letter for you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
< Last | Next >
  • Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest. Monika Canada
  • This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help. Mike Halifax, NS
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
< Last | Next >
  • http://ww2.justanswer.com/uploads/bulmert/2010-02-12_004737_Me2.jpg Tom B.'s Avatar

    Tom B.

    Barrister & Solicitor

    Satisfied Customers:

    1871
    Called to the Bar of British Columbia in 1991.
  • http://ww2.justanswer.com/uploads/pfilice/2009-2-4_11945_Filice_-_Pat.jpg LawyerProfessor's Avatar

    LawyerProfessor

    Lawyer

    Satisfied Customers:

    828
    Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997
  • http://ww2.justanswer.com/uploads/ME/MeMartin/2012-6-22_172853_Martin.64x64.png Jeremie John Martin's Avatar

    Jeremie John Martin

    Lawyer

    Satisfied Customers:

    751
    I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
  • http://ww2.justanswer.com/uploads/BR/brhart/2011-8-23_12246_profpic2.64x64.jpg B.R. Hart's Avatar

    B.R. Hart

    Lawyer

    Satisfied Customers:

    15
    Juris Doctor, Member of the Law Society of Upper Canada
  • http://ww2.justanswer.com/uploads/SO/Sokkalaw/2013-10-4_42239_Sokka2.64x64.jpg Sokkalaw's Avatar

    Sokkalaw

    Lawyer

    Satisfied Customers:

    288
    Lawyer in Ontario, Canada
  • http://ww2.justanswer.com/uploads/CA/captanan/2012-10-26_22415_AdPicture.64x64.png CaptanLaw's Avatar

    CaptanLaw

    Lawyer

    Satisfied Customers:

    163
    I'm a criminal defence lawyer, who assists individuals charged with crimes.
  • http://ww2.justanswer.com/uploads/MD/mdjackso1/2013-11-10_05435_shapeimage1copy.64x64.png M D J's Avatar

    M D J

    Lawyer

    Satisfied Customers:

    20
    I have a general legal practice in Alberta, Canada.