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Help: Can I back out of a car sale?

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Help: Can I back out of a car sale?

Old 04-17-08, 12:46 PM
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Help: Can I back out of a car sale?

Here's my story. I went to a local acura dealer in New Jersey to buy an RDX. They didn't have it in my color, but we agreed on a price and I signed an order form. They ordered it from another dealer. I later asked to have the roof rack installed on it and they did.

I was supposed to pick it up this Saturday, but I changed my mind. The are saying it's a binding contract because the car has been altered. Am I obligated to buy or is the salesman using a pressure tactic to get me to buy it?

I though as long as I haven't signed the financing papers with the actual vin # and droven the car off the lot, I can back out. Since there is no pickup, can I back out? The roof rack installation was verbal and there is not written proof that I asked for it.

I am pretty scared and don't want get sued. I'll buy the car if I have to in order to prevent litigation. But I'm not sure what my rights are.
Old 04-17-08, 12:51 PM
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The are saying it's a binding contract
What are the terms of what you signed? Have you put down any money?

If they put on a dealer installed option before the car was legally sold then that is their problem. I know the GM of a dealership and they never install anything until the customer has bought the car.
Old 04-17-08, 12:52 PM
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In Michigan I think there is a law allowing 3 (or four?) days to back out of a contract like this.

I guess it may depend on what you signed already.

I am kinda curious, why did you change your mind?
Old 04-17-08, 01:03 PM
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You are probably going to have to pay for the modification to the car if they can't recoup those costs.
Old 04-17-08, 01:08 PM
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No...I didn't put any money down. I signed a contract that has the price less trade in.

The RDX only runs on premium fuel and I decided that I like the new CRV better since it runs on regular fuel.

Again, I don't want to get sued. I'll buy it if I have to.
Old 04-17-08, 01:13 PM
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Originally Posted by Porno Star
No...I didn't put any money down. I signed a contract that has the price less trade in.

The RDX only runs on premium fuel and I decided that I like the new CRV better since it runs on regular fuel.

Again, I don't want to get sued. I'll buy it if I have to.
Ok first of all, what does the contract say exactly?

Second, the RDX may want premium fuel but you do not have to use it. The engine will adjust to compensate for the lower octane. You may get less performance or even lower gas mileage with lower grades of gas but the vehicle will run on it.
Old 04-17-08, 01:17 PM
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If it is Montclair Acura they are simply trying to scare you.

DCH in NJ is notoriously deceptive and shady. My buddy worked for the department of Consumer Affairs and their is a laundry list of complaints about their tactics.
Old 04-17-08, 01:18 PM
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Their damages are minimal, if any. They are not going to sue you. It is just a salesman trying to get his commission. He screwed up by not requiring a deposit for the modifications.

Refer them to the reply given in Arkell v. Pressdram.
Old 04-17-08, 03:48 PM
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Jersey seems to only have a one day protection for leasing cars

http://www.state.nj.us/lps/ca/ocp/autolease.htm

This is an interesting article about this issue on Edmunds

http://www.edmunds.com/advice/strate...7/article.html

The thing that I think gives you a leg up is that you have not actually taken possession of the car. Most articles I have read on this subject all assume you have taken possession of the new car. It may be worth a call to the NJ consumer affairs and see what they say your rights are. There is contact info in my first link.
Old 04-17-08, 03:57 PM
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In order to sue you - they would first have to sell the car and then go after you for the difference between the selling price (with the roof rack) and your agreed upon price.

I doubt the dealer would do this - it may only be a couple of bucks.

They can not sue you to take the car - unless it was a one of a kind custom built for your exact specifications (ex. steering wheel in the back seat, seats molded to your body) - No other person would / could use this car.

So tell them politely that you changed your mind - and if they threaten you with legal action, just say "i'm sorry I changed my mind."
Old 04-17-08, 04:02 PM
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This is interesting too

http://www.dearesq.com/who-owns-a-cu...uses-delivery/
Old 04-17-08, 04:22 PM
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Originally Posted by Pistol Pete
Refer them to the reply given in Arkell v. Pressdram.
Even though it isn't an actual case, I do love that quote which I see all too rarely and never until now at a site where non-Brits predominate.

Note to self: why did I let my Private Eye subscription lapse!
Old 04-17-08, 04:23 PM
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Have you not thought to use this as a negotiating ploy with them either? "Hey, I really want the CSX model instead, but if you can move on the price, maybe I can be convinced".
Old 04-17-08, 04:34 PM
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The answer to your question is yes, you can back out. And no, they will not sue you.
Old 04-17-08, 04:44 PM
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Originally Posted by Porno Star
No...I didn't put any money down. I signed a contract that has the price less trade in.

The RDX only runs on premium fuel and I decided that I like the new CRV better since it runs on regular fuel.

Again, I don't want to get sued. I'll buy it if I have to.
Would you be buying the CRV from them as well? If so, I would think that adds strength to your position... "Look, I'm sorry, I changed my mind on the RDX, I'd rather buy a CRV if you'd like to sell me one. Otherwise, if you decide to sue me on the RDX issue, I hope you'll understand if I shop elsewhere for my new CRV." And don't be so timid about the possibility of being sued, that timidity will strengthen THEIR position. You don't have to be agressive about it, just act like you don't care if they sue you or not, chances are they're just bluffing and trying to bully you.

On the other hand, if you truly did sign a contract (you used the word), why wouldn't you expect to be under a contractual obligation to fulfill your end of the contract, assuming they have fulfilled theirs? If they came back to you and said that they'd made a mistake, and the price on the "contract" was substantially less than what it should have been, would you agree to let them raise the price on you, or would you expect them to perform according to the contract you both signed? I imagine they spent a few hundred bucks getting the car and modifying it, so I can see why they're not too happy about your change of heart. I'm not suggesting you should purchase the vehicle you don't want, just try to keep some perspective and understanding for their position, maybe work with them a little bit.

As for the roof rack installation being verbal with no written proof that you requested it, are you suggesting that you might deny requesting it? If not, then the verbal request is as good as a written request, and added to the contract you signed, may strengthen their position wrt suing you. Unless you're going to deny making the request, don't think that it is less binding just because it was verbal. However, it was foolish of the dealership to perform that work prior to getting some cash from you.
Old 04-17-08, 05:20 PM
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If you really are a porno star, can't you work something out?
Old 04-17-08, 05:35 PM
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Was this your salesman?

Old 04-18-08, 12:50 AM
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I'm curious about what you actually signed. Was it truly a contract, and if so, what exactly is the wording on it? You do have a copy, right?

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