raczyk

I have just signed a vehicle purchase agreement from a Nissan dealership. Now I do not want the vehicle. I called the dealership to cancel the agreement. The sales manager told me that I can assure you we are going forward with the agreement. He claims that the car is already in my name, that I have signed up for an extended warranty, and I have signed a binding contract. I would like my deposit back, but if they want to take my whole deposit, I will be able to live with that too. Can they take more then my deposit? The car was in the lot.

imported_dragon208

When is the car due to pick up?

raczyk

This Saturday, the agreement was signed on Tuesday.

raczyk

bump!

imported_t_dot_SiR

they can't take more than your deposit as long as the agreement didn't state that

raczyk

So even that they have registered my car, and done all the paper work, it don't matter?

Here are two clauses from the back of the additional terms agreement.

10. Failure to Accept Deliver or to Pay.
If I fail to accept delivery of the Vehicle within 7 days of you notifying me by registered mail that the Vehicle is available for delivery, or If I fail to pay you the full Amount Due on Delivery, you will be entitled, in addition to any other rights or remedies you may have, to cancel this Agreement and to deduct tha mount of your damages from my Deposit.

11. Explanation of Damages.
If you Keep any part of my Deposit you will provide me with a written calculation and brief explanation of your damages.

This is one expensive law lesson.

cheers.

imported_Team Rukus

the is now yours.
too late.

Whiplash

w/o seeing the full contract, your guess is as good as ours

imported_Team Rukus

no need to see the contract.
if he signed up and he is supposed to pick up the car on saturday that means the paperwork everything already went through the reason he is picking up saturday so they can do final inspection and cleanup of the entire car before delivery.

raczyk

That is the whole contract. There is one more clause that is of importance in this case. Its only one paper I have, the rest of the papers will be signed on pick up, whatever they may be.

8. Ownership Transfers Only Upon Payment in Full. I agree that I will not become the owner of the Vehicle or have any other interest whatsoever in the Vehicle until I have paid the Amount Due on Delivery in full (including the amount of any increases resulting from increased taxes or changes in the manufacturer's suggested retail price). I will pay you by certified cheque unless we otherwise agree.

k_r_a_c_k_e_r

iTrader: (3)

What kinda car?.. and why dont you want it, if you dont mind me asking.

raczyk

its a sentra. Anyone know any helpful lawyers that would know more?

imported_Zyepher

Legally you have 14 days from contract signature date to decline. Know your rights and fight for them.

Whiplash

so, it's the whole contract numbers 10 and 11, oh with the exception of the newly added #8
guess 1-7 went missing and number 9 jumped ship.....
looks like you got it all under control

i'll mind my own bizness

imported_Team Rukus

are u paying cash for the car?
if thats the case you can cancel the deal and walk away without your deposit. however if its being leased or financed then its already too late as 99 percent of the time because they dont tell you to pick up the car on saturday if the paperwork etc isnt ready.

Gunmetalef

If your lucky you will get out and lose the deposit, as well as any admin fee's

imported_Zyepher

Yes I do. I need to know when you signed the contract though??

imported_Zyepher

Yah thats a given for sure.

imported_xplizitremix

Reason for backing out?

kwasley

just breach and dont pay, if they take you to court state that you were intoxicated or mentally ill and the contract wont be binding.