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Question

Just purchased a car put down the deposit was approved for financing was supposed to pick up the car the next morning and decided to cancel the transaction, I never took possession of the car I never drove it out of the dealer. What is my recourse i live in FL. They keep saying you signed a contract and I have said sorry but I did take possession of the car.

Submitted: 227 days and 12 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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2009 Honda Accord 4 cyl

Already Tried:
Called this morning and said this vehicle will not work for my wife. After driving a loaner that they delivered last night she noticed that because she is short under 5 foot she couldn't get comfortable. They said come in and we"ll take care of it. The sales manager ended up saying you signed a contract that states there is no cooling off period and I'm stuff with it. They vehicle I purchased had not left the dealer and it was still getting prepared back in service. I have called Honda Financial and said Not to go any further I haven't taken the car nor was I going to. The GM is still thinking it over. I don't even have the manuals or keys to the car. What should I do? I also let my credit card company know that I was going to dispute the charge for the deposit since I didn't have the car.

Posted by psimmons 227 days and 12 hours ago.

Answer

Thanks for the chance to assist

YOur in a tough spot. Under contract law, when the contract is complete (both parties agree on the terms) then the contract is in force. If you do not fulfill the terms, the dealership can take steps to enforce the contract, including steps to force you to purchase. So, this is the worst case.

That said, your facts are compelling since you never took delivery, you may be able to convince them to back down on this. I would focus on that aspect. Perhaps you can negotiate with them, perhaps even agree to a "fee" for the costs to the dealership for this...if you can negotiate a settlement you can avoid a legal battle. In the end, you will not likely win that battle


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227 days and 12 hours ago.

Reply

THe back of the contract states the Sellers right to cancel a. the seller agrees to deliver the vehicle to you on the date the contract is signed by seller and you. what does that mean?

Posted by psimmons 227 days and 12 hours ago.

Answer

That means that the day you sign the seller agrees to deliver the car. Did that not happen?

227 days and 12 hours ago.

Reply

The car was not ready they needed to install a wing spoiler, detail the car and do a paint & interior treatment.

Accepted Answer

that may help (unless you agreed to not take delivery at the time which would moot the issue)

I would use that in your negotiations but I would focus most of all on what is fair...you can not use the car, so lets find a fair resolution...if you need to pay a few hundred $ to fix this, I would be willing to pay...that will get you a long ways to a solution

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Expert: psimmons
Pos. Feedback: 99.5 %
Accepts: 
Answered: 4/8/2009

Attorney

Law Degree, 12 Years of trial experience

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