down payment reimburstment

[unstable]

What is the name of your state (only U.S. law)? Indiana; Is a used car dealership entitled to keep a down payment if I decided not to buy from them because I had to leave before all of the papers could get signed and when I called (2 hrs later) to let them know that I was on my way back I was told that the finance manager didn't have time for me. Sam What is the name of your state (only U.S. law)?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Indiana; Is a used car dealership entitled to keep a down payment if I decided not to buy from them because I had to leave before all of the papers could get signed and when I called (2 hrs later) to let them know that I was on my way back I was told that the finance manager didn't have time for me. Sam What is the name of your state (only U.S. law)?

If you never completed the necessary paperwork to finalize the purchase of the vehicle, then I can't seem them having any legal claim to keep your down payment.

And if their finance manager couldn't find the time for you to come in and finish signing the papers, for me, that would certainly imply that they didn't really want my business.

 

[tranquility]

What paperwork WAS signed?

 

[swalsh411]

It depends on the terms of the down payment. Why do you not want to buy the vehicle now? You liked it enough to make a down payment.

 

[unstable]

the only thing I signed was that I agreed to the price and monthly payments they said that they secured. I didn't want to follow through with the sale after I was told that they didn't have time for me

i was not told nor was it pointed out that there was no refunds

 

[swalsh411]

That's a silly reason. I'm sure you could have scheduled a time to go back and complete the paperwork.

It sounds to me like you agreed to buy the car.

 

[unstable]

I was upfront with them on having a previous approach that I needed to attend to from the beginning and told them that I would be back that afternoon.

 

[swalsh411]

So they must have gotten busy. This can happen. It is not sufficient reason to cancel the sale. At this point they have your money and so unless you can show where it says you are due a refund of the down payment, you're not. You've agreed to buy the car.

 

[unstable]

Even if it was more than 2 hours. Before closing. What if I just changed my mind and resided to keep my car and invest the money in it?

 

[swalsh411]

Have you even asked for your down payment back? If so what did they say?

 

[tranquility]

the only thing I signed was that I agreed to the price and monthly payments they said that they secured.

The price of what?

If you signed a paper with the price of your vehicle on it and gave them a down payment, I'd say you bought a car.

 

[unstable]

This is a documentation of the events in attempting to receive a refund of my $500.00 down payment from Gates Chevy World located in Mishawaka, IN.
On Saturday March 3,2012 about 10:00am my grandson ,Duston Solomon, and myself, Sam Woo went to Gates Chevy World To follow up on an application that I had filled out online in persuit of purchasing a 2003 Dodge Caravan. When we arrived at the car lot we were greeted by Jeff Walsh, a salesman representing Gates Chevy World. We went to their economy lot and I was shown a 2005 Nissan Quest. When I asked about the Dodge I was told , by Jeff (that I needed to find something newer to better my chances of financing.)
I drove the Nissan from the economy lot to the main lot (approximately 1/2 mile) and parked in the back of their main lot. We went into Jeff's cubicle and started negotiating the price of the van. Starting price was $8995.00 and I negotiated a $2000.00 reduction in price. I told Jeff that I had previous engagements that I needed to attend to and that I was on a time limit. He asked if I agreed with the totals and asked me to sign the bottom to show that I accepted the pricing, he then went to, I presume, Dave Paz and returned and said that everything looked good and they could keep it within my payment range. After that he asked if I had cash to put down on the vehicle and pencilled/penned that in for a total. We then went to see Dave Paz in his office. I was given a receipt for my $500.00 and asked to go have a seat in the lobby. I was told that there were others ahead of me, but they would try to get me in before I had to leave.
They couldn't, so I told them that I had to go and I would be back. I left the dealership at approximately 1:15pm, ran my errands and cleaned out the car.At 3:00 I called the dealership to tell them that I was on my way back and I was told, by I believe Arron Kreiger, "Dave doesn't have time for you."I was asked if I could come on Monday and I told them that I couldn't do anything until Wednesday. I needed a vehicle and a competitor was more than willing to make time for me. I went over to the dealership on Wednesday and told them in person that I was not buying their car. They asked me why and I, as a straight up kind of guy, told them the truth, that I bought from someone else. I went to see Dave in his office about my refund and was told that I would be able to pick up a check on Monday. I expressed that I would like to have the issue resolved by the weekend and he said that he would "get the ball rolling" so that I could pick the check up at Gates Toyota in South Bend,IN, which is the mother company.
I made contact with Gates Toyota and was told that I needed to contact Aaron Krieger about sending over the information. I then called Aaron and was told that I don't deserve my down payment back. I then contacted his supervisor, Clint Emberton about the issue and was told that it was absorbed in securing my loan, of which I thought was done before the down payment, removing the car from the internet and moving the car to the back of the lot. I told him that I didn't believe that they should keep my money and I was told essentially, too bad.
I was told that I wasn't getting my money back, but he would let me apply it toward the purchase of a vehicle, Knowing that I couldn't afford another vehicle. I did have him put that in writing as proof that it wasn't "absorbed" in other services.

 

[unstable]

hopely this explains everything. all i can remember right now

 

[Zigner]

Right - you agreed to purchase the vehicle.

 

[tranquility]

Agreement to a contract is the unqualified assent to the terms of the offer. From the description, there is a legitimate argument as to if the OP agreed.

Because this is for the sale of goods of over $500, there needs to be a signed writing evidencing the agreement. The dealer will argue they have that with the signed sheet with the price on it. But, I suspect what they have is this:

Beat The "Four Square" Dealership Ripoff - The Consumerist

Offers usually need some facts to be good. (Although a court can supply missing terms.) Quantity, time of performance, identity of parties, price, subject matter. If the offer is not laid out in the signed writing (because of the statute of frauds), it is arguable that there cannot be an unqualified assent to its terms. Here, we have less than agreement to anything other than price.

I'd sue them. While I didn't do a search, I suspect there may be some statutory requirements for the car sale that need to be signed too. But, even if there are not, I'd let the court decide. I do know their purported justification for keeping the money is bogus. "I then called [x] and was told that I don't deserve my down payment back. I then contacted his supervisor, [y] about the issue and was told that it was absorbed in securing my loan,". If they don't have a contract stating that (Although a verbal one might suffice.) they have a problem.