BeaverCamper wrote:
Thanks for the advice so far. The document only list price paid, down payment, type of vehicle, our names, license -title-dock fees.
No other language on the contract side of the document.
On the back there are a few terms. One states
"Upon failure or refusal of the purchaser to complete said purchase for any reason the case deposit may have such a portion of it retained as will reimburse the seller for expenses and other losses occaisioned by purchaser's failure to complete said purchase."
One other one that would pertain is Attorneys Fees:
"In the event Purchaser defaults under this agreement, Purchaser shall reimburse all reasonable cost and attorney fees incurred by Dealer enforcing the agreement whether or not litigation is instituted."
The dealer said the reason they would not cancel the deal is last night after 5pm when we left they paid off the bank on the unit and now they are stuck with it unless they find someway for the bank to take the note on it again.
I did leave a message with a local attorney and hope to hear back soon.
Hope ya don't mind me splitting out the contract language (above)- it's really the only thing that matters, though.
First thing: you can drive a big ol' truck through that first paragraph due to that single highlighted word. "May" is not a contractual absolute.
Second thing:
Next paragraph only relates to recovery of
costs associated with enforcing the agreement. Frankly, I think they're stalling with their blame-it-on-the-bank nonsense. The longer you wait to act, the better their position becomes.
It may well be that you don't have a specific "law" backing you up, but these things usually boil down to how far folks want to take such a conflict. I wonder how much energy/money any dealer would put in to taking a CHANCE on winning a judgement a year down the road. and on collecting it to boot.
If I was in your position I'd announce in writing today that I've backed out as of today and let the chips fall where they may. Nothin' says you can't back down from that position if you so choose.
