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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33769
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I want to buy a new car. The dealer told me it would be a

Customer Question

Hello. I want to buy a new car. The dealer told me it would be a 1000 deposit for the car. They found one and I told them to get it. I did the deposit over the phone and I did not sign anything. It is pending at my bank. Can I legally stop the payment to them from my bank?
Submitted: 26 days ago.
Category: Legal
Customer: replied 26 days ago.
I told them today I have changed my mind. They said the deposit was non refundable
Customer: replied 26 days ago.
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Expert:  Barrister replied 26 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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From a purely legal perspective, once you agreed to purchase orally and paid the deposit, you are legally bound under an oral purchase agreement. If you backed out, they could sue you for breach of contract for the remainder of the purchase price you agreed on with them.

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However, this is pretty unlikely because you could say you agreed to pay $XXXX and they would say you agreed to pay $YYYYY Since this was all verbal, there is no proof of what the actual purchase price was and it would boil down to verbal testimony and who the judge believed more.

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As for any deposit, if you are able to stop payment then it is unlikely that they would actually come after you for breach. But if you can't, then you would have to file suit against them to try to get it back and a judge would ask you why you gave them $1K if you weren't putting down a deposit for a purchase you agreed to.

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thanks

Barrister

Customer: replied 26 days ago.
I understand what you are saying. I have not signed anything at all from the dealership. The deposit as it was stated to me so they could go get the vehicle. I was never informed that I couldn't get it back.
Expert:  Barrister replied 26 days ago.

Ok, then your best bet is to try to stop payment on any deposit because if the get it, then if this gets to court, and they have the deposit and the vehicle, it is definitely going to look like you agreed to purchase because why else would they go get a car that wasn't on their lot and you give them $1K if there wasn't an agreement to purchase..

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thanks

Barrister

Customer: replied 26 days ago.
what is the worst case scenario if I do stop the paymemt with my bank and dispute it with my bank
Expert:  Barrister replied 26 days ago.

Worst case scenario is that they actually went and got the car and decide it is worth their time to hire an attorney to sue you for breach of contract to either force you to purchase the vehicle at whatever price they can get a judge to believe you agreed to.

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But I find that highly unlikely that they would do so, simply because they aren't going to want to hire an attorney for several thousand to come after you with a case that is hard to prove what the numbers were..

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thanks

Barrister

Customer: replied 26 days ago.
If do get my payment stopped, then I am a lot better off legally? In regards ***** ***** trying to come after me?
Expert:  Barrister replied 26 days ago.

Well, it means that they don't have your money in their hand to make them happy and potentially just keep it and go away..

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But it doesn't put you in any better or worse position legally...you just were able to keep them from actually receiving the deposit. But they could still claim that you breached the contract.

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thanks

Barrister

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