problem with dealer noit getting work done--byers remorse

msmith1199 wrote:
I don't believe your interpretation of the law is correct Sam. The deal is done when the papers are signed whether you take it off the lot or not. I can't imagine any state has a law that says anything different. Now if you can prove actual fraud in the sale their are legal steps you can take, but absent fraud, once the papers are signed and the money exchanged, it's your vehicle.

That might not be correct and here is why I say that, at least in Georgia.

I went to the local Lincoln dealer a couple of years ago to look at and possibly purchase a Lincon Town Car. We found one we liked. I wanted one because Lincoln was dropping to Town Car line.

Anyway, we negotiated a deal. Signed all the paperwork and gave them a check. While the salesman was in the back getting the car ready for delivery we walked around the showroom and relaxed. We happened to walk past the finance office and I overheard the guy that did our paperwork boasting to another employee how he had just scored a home run on "those old farts Gary had". That would be my wife and I.

I immediately entered his office and told him to tear up the paperwork that I was leaving in my trade in. I wanted my title back and the check. He tried to tell me it was a done deal and nothing he could do about it. I told him I was going outside and calling my lawyer. Which I did.

I called my lawyer on my cell. Happened to get him on the phone. Told him the scoop and he told me that unless I drove it off the lot the deal wasn't finalized. I told him to hang on. Walked inside and handed the phone to the finance guy.

After a very short conversation between my lawyer and him he hung up, handed me my phone, the title to my trade-in, the keys, all the paperwork, including his part and my check. I drove home in the car I was going to trade in.

I got my Town Car but at another dealer and got a better deal.

PortWentworthSam wrote:

msmith1199 wrote:
I don't believe your interpretation of the law is correct Sam. The deal is done when the papers are signed whether you take it off the lot or not. I can't imagine any state has a law that says anything different. Now if you can prove actual fraud in the sale their are legal steps you can take, but absent fraud, once the papers are signed and the money exchanged, it's your vehicle.

That might not be correct and here is why I say that, at least in Georgia.

I went to the local Lincoln dealer a couple of years ago to look at and possibly purchase a Lincon Town Car. We found one we liked. I wanted one because Lincoln was dropping to Town Car line.

Anyway, we negotiated a deal. Signed all the paperwork and gave them a check. While the salesman was in the back getting the car ready for delivery we walked around the showroom and relaxed. We happened to walk past the finance office and I overheard the guy that did our paperwork boasting to another employee how he had just scored a home run on "those old farts Gary had". That would be my wife and I.

I immediately entered his office and told him to tear up the paperwork that I was leaving in my trade in. I wanted my title back and the check. He tried to tell me it was a done deal and nothing he could do about it. I told him I was going outside and calling my lawyer. Which I did.

I called my lawyer on my cell. Happened to get him on the phone. Told him the scoop and he told me that unless I drove it off the lot the deal wasn't finalized. I told him to hang on. Walked inside and handed the phone to the finance guy.

After a very short conversation between my lawyer and him he hung up, handed me my phone, the title to my trade-in, the keys, all the paperwork, including his part and my check. I drove home in the car I was going to trade in.

I got my Town Car but at another dealer and got a better deal.

You omitted 1 important fact. They had NOT been paid yet for the vehicle. You gave them a check, but until that check was cashed, they had not been paid. A more interesting story would have been if they had immediately gone to your bank and cashed the check. THEN while you were still there, you decided to back out. Doug

OK, In Texas, the deal is not complete until the buyer drives off the lot. Just has to leave the premises, If he turns around and comes right back the deal is complete. If we have a customer that states after all the paperwork is done that they will come back at a later date to pick up the motorhome, we have them sign a "Storage Agreement". Once that Agreement is signed, the deal is complete. Doug

If the dealer is an authorized "Make you bought" dealer,, Contact the manufacturer, if you were buying used this may not help.

Pre Delivery usually means Pre-signed the delivery receipt which means bank no pay.

You should also contact the bank... The loss of the lender may bother them as well.

wa8yxm wrote:
If the dealer is an authorized "Make you bought" dealer,, Contact the manufacturer, if you were buying used this may not help.

Pre Delivery usually means Pre-signed the delivery receipt which means bank no pay.

You should also contact the bank... The loss of the lender may bother them as well.

RV manufacturers have NO LEVERAGE on used RV sales, even if the dealer is a franchised dealer for the used unit he is selling. Doug

Bought our used 2002 Itasca Sunrise 32V from a local dealer here in Bonney Lake, WA (Sunset RV). My wife is a stickler for details and went over the rig with the salesman and listed everything she wanted done. They agreed with most of her requests and we signed the deal along with a "due bill" listing all the items they had agreed to repair/replace. After the purchase we took the rig to their RV shop (White River RV) and left it. After three weeks, we found they had done nothing yet. Wife and I went into the dealers office and had the manager go over every item with us. Seems the RV shop and the RV dealer were not talking to each other, long story even longer, we ended up contacting the Attorney General for WA state, got the fixes done. I began an education on how to fix/maintain my own RV (mostly from using this site and others to pick the brains of all the experts actually doing RV'ing). Now I can RV and I have many projects to keep me busy. Anyway, happy camping to all. Hope your issues work out and you have many miles of fun.

Boy, everyone's all over the board on this one.

I think you should talk with a Washington State atty who understands vehicle contract law.

"...All the while I am paying on the loan I took out and have not gotten delivery..." Doesn't seem to me that the agreement is complete. Until you take delivery there is no compensation or receipt of goods for something you paid for.

This is a one sided transaction. If you pay for something you have to receive something in return, no delivery, the contract has not yet been fulfilled.

PortWentworthSam wrote:

msmith1199 wrote:
I don't believe your interpretation of the law is correct Sam. The deal is done when the papers are signed whether you take it off the lot or not. I can't imagine any state has a law that says anything different. Now if you can prove actual fraud in the sale their are legal steps you can take, but absent fraud, once the papers are signed and the money exchanged, it's your vehicle.

That might not be correct and here is why I say that, at least in Georgia.

I went to the local Lincoln dealer a couple of years ago to look at and possibly purchase a Lincon Town Car. We found one we liked. I wanted one because Lincoln was dropping to Town Car line.

Anyway, we negotiated a deal. Signed all the paperwork and gave them a check. While the salesman was in the back getting the car ready for delivery we walked around the showroom and relaxed. We happened to walk past the finance office and I overheard the guy that did our paperwork boasting to another employee how he had just scored a home run on "those old farts Gary had". That would be my wife and I.

I immediately entered his office and told him to tear up the paperwork that I was leaving in my trade in. I wanted my title back and the check. He tried to tell me it was a done deal and nothing he could do about it. I told him I was going outside and calling my lawyer. Which I did.

I called my lawyer on my cell. Happened to get him on the phone. Told him the scoop and he told me that unless I drove it off the lot the deal wasn't finalized. I told him to hang on. Walked inside and handed the phone to the finance guy.

After a very short conversation between my lawyer and him he hung up, handed me my phone, the title to my trade-in, the keys, all the paperwork, including his part and my check. I drove home in the car I was going to trade in.

I got my Town Car but at another dealer and got a better deal.

They were in damage control mode at that point. Your one experience doesn't make it law in all states. In your case the guy screwed up and knew that he needed to back down.