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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Can I get my $800 deposit back from car dealer?a) there

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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?


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 4 years ago.

No, the vehicle is still in the dealership.

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 4 years ago.

ok. Thanks!

What province are you in?
Customer: replied 4 years ago.


Would you say you were unduly pressured or mis-represented in some way?
Customer: replied 4 years 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.

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.
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience: Lawyer
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Customer: replied 4 years 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?

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 4 years 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?

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.