this is about a car dealershipWe live in the State of Virginia VAcity of Virginia Beach.We were looking to purchase a new vehicle for a dealership.The vehicle turned out to be dissapointing...They/Dealership offered an upscale model for the same priceI was in a hurry had to take my spouse to workAt the time the substitute vehicle seemed Ok as I said to the we had to leaveended up with 2 documents....will cut and paste the one..please see below SPECIAL ORDERS DEALER LOCATES & HOLDING VEHICLES i my name /here ,understand that my deposit of $500.00 is non-refundable and is to be used to hold,locateor reserve a 2012 Honda Accord .These funds will be used to procure this vehicle & for the undersigned. If the undersigned has a trade the Appraisal is good for 15 days from the date of evaluation..The trade will ahve to be reevaluated oncethe 15 days has expired .The conditin of the trade ,miles book value and market treands are factors in th reevaluation from the original figure. Any estimated dates of vehicle arrival are exactly that ,estimated and no guaranteed arrival date are express or implied. CUSTOMER SIG.. CUSTOMER ADDRESSwe did not sign a contract just a promise,the above is one document :i paid $500. the other document was not given a copt of but if memory serves me correctly it states the total price ..basicallyThis all happened yesterday;We went to take a test drive today not in love with this vehicle for my tastes the steering is not up to par..extNeed to know legally where do we stand am i correct in assuming we are not legally obligated to but this Car?&can the keep my deposit,definately we are not interested in it...I believe this covers the basics....
State/Country relating to question: Virginia
Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.
Based just on these facts and without seeing the other agreement, I would agree with you that you are not legally obligated to purchase the vehicle, because you did not sign a contract for purchase.
As for the $500, they could legally take that (it's a valid agreement) but was the car they found a special order, or reserved, or a hold specifically for you, or just another car on their lot? This agreement specifies it is only to hold, locate, or reserve a 2012 Honda Accord. So it depends on the circumstances -if it does not fit into one of those conditions, then they should not keep the $500.
If you would like any additional information or have more questions please don’t hesitate to ask!
Thanks well the car was already on their lot with was quite huge before I test drove it it had a sold sticker in the window...
additionally if the other doc.was legally binding shouldnt I have been give a copy by law??? I just want to be prepaired when we return to the dealership..
Hmmm... so then it's clearly not a special order nor were you reserving it. This agreement doesn't define what a "hold" is. Did you ask them to hold the vehicle for you while you thought about it?Why is the dealership refusing to return the deposit?And no, there's nothing that says they have to give you a copy of a contract -you should always ask for a copy. However, I was saying the agreement regarding the $500 can be considered a valid contract.
No i didnt....I have not called yet we wanted to know what side the law would fall on ..no to be as ignorant as before
Sorry for the delay, I was assisting another customer. My reading of the agreement then is that they have no right to hold the $500.It was not a special order. The dealer didn't have to locate the vehicle for you from somplace else. It was right on their lot. You weren't reserving the vehicle, they were readily available for purchase, and you didn't ask the dealership to hold the vehicle. There are no other conditions stated in that agreement where the dealer has the right to keep the $500 other than those the way it is written. I think you have every right to ask for the $500 back.
Experienced in multiple areas of the law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).