no i was purchasing a used car from a dealer. I havent even taken the car off the lot other than a test drive.my situation is that my licence is getting fixed (suspended)so i wanted a car for when i can drive. Since its not fixed i went with my mother to look at the car. we were going to return the next day with a friend and he would drive the car back and it would be all put in my mothers name.
Thank you for your follow-up, Michael.
In terms of liability, it really does matter if the vehicle was transferred to your (or your mother's) name or not when the accident took place--since you took the vehicle out and signed a written release, it meant that you agreed to be bound for any costs and expenses pertaining to repairs and damages sustained by the vehicle. That also can include a loss in value based on the accident itself. Since the accident was caused while you had the vehicle in your possession, the dealer can demand 'specific performance'--that is, that you complete the sale, or charge you for damages or a 'restocking fee'. Here, as they suffered losses from the vehicle accident, they are within their right to charge a restocking fee, or demand that you finalize the sale.
I am genuinely sorry but this is neither illegal nor improper--if you do not pay the amount, they could try to estimate their actual losses, which may be higher than the 'restocking fee' that they are suggesting that you pay.
you misunderstand,full senariobuy a 350Zwent down in moms pacifica to see the car.put 5,000 on a 10,000 350ZReturning home in moms pacifica she got into an accidentDue to the accident in the Pacifica, my mother doesnt want me getting the car and she claims her insurance wont insure her for the 350Z, which was still at the dealers. the 350Z is fine and at the dealers, but now i dont/cant get the 350Z due to 1.insurance 2.unexpected expenses. 3.Dealer is claiming that if i want my money back hes going to take 20%
I signed nothing, at most a verbal agreement to come back and pay the remaining 5,000. All i got was a receipt for the 5,000, the recipt does include my mothers information and the dealers information along with car information VIN ect..Thank you for all your help this has been stressing me out for a couple days and everywhere i cal they pass me off to the next firm.
I just overlooked the receipt i got and it does say "please remember that deposits are non-refundable once agreed upon vehicle is purchased" but there was no signatures no title transfer no paperwork. And if this still falls in my favor of getting my money or calling the AG office, would going with an officer or an attorney of some sort (and which type if yes) be out of line, not exactly the most reputable dealer and in not the best part of town is why i ask.
That is potentially problematic. If the receipt expressly stated that the deposit is non-refundable, they are within their right to keep the whole amount. You can still threaten them with the AG's office and they may likewise relent since this can end up costing them a lot of time and resources, but at least from a legal position they are permitted to keep your money as the change of purchase is coming from you and not from them--hence you are the one breaching the contract and not them. As for obtaining an attorney, keep in mind that attorneys are fairly expensive--I doubt you can get an attorney to send a letter to them on your behalf for less than $500.00. You are stuck between the rock and a hard place, so pursuing them first by threatening to go to the AG's office would still be the most practical solution. Otherwise, you might end up having to pay them their restocking fee, I am sorry!
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