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canceling a Vehicle Purchase Agreement

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Old 02-15-2007 | 06:41 PM
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canceling a Vehicle Purchase Agreement

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 I cant get, I could live with that. Can they take more then my deposit? The car was in the lot too.

Carlo

bump!

Last edited by carlo88; 02-15-2007 at 09:00 PM. Reason: Automerged Doublepost
Old 02-15-2007 | 11:58 PM
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I don't think you can break the contract if you signed it.. you'll have to look at the fine prints to see if there is something that will allow you out ( which I doubt ) and or some penalty to break the contract

More then likely you're stuck with it unless someone is willing to take over the contract
Old 02-16-2007 | 12:31 AM
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Hey drifter420,

I signed the vehicle purchase agreement on Tuesday, and rushed then to deliver the car on Saturday.

Here are a few "Additional Terms" on the back of the contract that pertains to my issue.

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.

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.

I basically just want to get out of it, know any good lawyer that may be much more knowledgeable on the issue?

regards
carlo
Old 02-16-2007 | 10:09 AM
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Sounds like they got your ***** in a vice.. it seems like you can get out IF they want you to and they can charge you for damages they see fit ( as long as it isn't the full amount of the car.. but doesn't state that they can't charge you for half the car )

Unfortunetly I don't know any good liars *cough *cough I mean lawyers.

Only other suggestion is most lawyers has the 1st consultin is free thing.. get some ideas from them, talk and go see them so they can read thru the contract. ( but be smart this time and not agree for them to take the case till you talked to a few lawyers around your area.. breakin a deal with a lawyer is a lot worse then wat you're in right now )
Old 02-16-2007 | 11:14 AM
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is this for financing a new car or used?
$ value of the car ?
trade-ins?
how much did u deposit.

same happened to my friends who wanted to buy an Rx-8 but backed out , the mazda delearship at 401 auto mall kept the $800 and were not willing to give it back , Finally we went and talked with the Owner of the dealership . and got the money back after about a month .. These dealerships can really give u the runaround when it comes to getting ur deposit back.

u can approach the owner , but u gotta give a good excuise , my friend said that he lost his job the day after we signed the deal ..
Dont worry though , im pretty sure u will get ur deposit back..Eventually.....
Old 02-16-2007 | 12:06 PM
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is this for financing a new car or used?
$ value of the car ?
trade-ins?
how much did u deposit.

It is a brand new car and it is financed.
Total purchase proce $25 000
trade-ins none
deposit = $1000

I told them I will put down $9 000, upon pick up obviously. I signed the deal on Tuesday, and the car was suppose to be ready on Saturday. Today is Friday

Thanks,
carlo

I have just spoke to my sales agent, on the day that the vehicle was suppose to be delivered. I told him that there is no way I can pick up this vehicle. He says I would loose the deposit + registration fees. What would the registration fees cost?

Last edited by carlo88; 02-17-2007 at 10:56 AM. Reason: Automerged Doublepost
Old 03-08-2007 | 05:29 PM
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Check out the better business bureau or an organization like that , they may be able to help. I always thought you had 7 days to change your mind and to get out of a contract tho.
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