David O.
You know more about law than I do. Like any large firm in a business that
has a stigma attached, we retain the services of very expensive, highly
knowledgeable legal council. We don't sneeze without contacting our DMV
consulting firm who employ former investigators for the DMV, and attorneys
that specialize in Automobile Laws. The deposit is designed to protect the
seller from obtaining a vehicle only to discover that the buyer has changed
his mind and left the seller holding a vehicle. It is not to protect the
buyer from price increases (unless this had been specifically spelled out).
There is where the misunderstanding arises. The only time we even except a
deposit anymore is when we are ordering or locating an oddball vehicle that
would be difficult to sell to someone else. The deposit reassures us that
the customer is for real. And it is a false security as we are not legally
entitled to retain the deposit if the transaction is canceled by the
customer prior to delivery anyway.
To protect my own skin, I still state that it was wrong for the salesman to
agree to figures without verifying that the dealership would be able or
willing to sell the vehicle for that price. Nor am I willing to say that
there may or may not be methods including the threat of litigation, threat
of DMV investigations, etc., that would coherse the dealer into honoring the
agreement. However, my initial advice was see if we can get the deal
elsewhere as the overall cost and headache isn't worth the $3000 difference.
Ultimately, do you want to do business where they don't treat you in the
manner that you expect to be treated? If forced to sell the vehicle at that
price, do you think it will be smooth sailing? To put it another way, don't
piss off the cook, he might spit in the soup.
David Riker
74 Midget
63 Falcon
70 Torino
http://home.pacbell.net/davriker
----- Original Message -----
From <SDOliner at aol.com>
To: <spridgets@autox.team.net>
Sent: Wednesday, March 06, 2002 8:16 AM
Subject: Re: Dealing with Buying a Car (long, no LBC)
> It is respectfully sumbitted, that a memorandum, which specifies the model
of
> the car and the amount and the names of the parties exists and the
contract
> is enforcible.
>
> I don't think there is judge or jury stupid enough not to agree with this
> point.
>
> Sorry guys, it is the old lawyer in me coming out again.
>
> David Oliner, Esq.
>
> PS Just remember when you get free legal advice, you are getting what you
> paid for.
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