What is the name of your state? MN
I have a buyers order with a motorcycle dealership in MO, it was filled out, credit card deposit processed and faxed to me. It has my information ie name, address, phone numbers etc., Year, make, model and color of the motorcycle. Base price, dealer prep/assembly price, transportation price, processing fee price & < less deposit price >, superimposed in an unused area of the form is a receipt for the credit card transaction for the deposit, it is signed by the approved sales manager and dated, has the name of the sales person on it and inplace of the buyers signature is my credit card number and expiration date (I have been told that my credit card number and a transaction on that credit card inplace of my signature is as good as a signature?). Of course the obligitory small print at the bottom is not readable (did not reproduce from the fax) and at the very bottom it states "THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES",
The Dealership has stated they can't honor this agreement because the motorcycle manufacturer is no longer supplying this model for this year and are now trying to sell me a different model with accessories - but this model has a lower book value than the model I agreed to purchase. I contacted customer service of the motorcycle manufacturer several times and asked them if this is true, they always stated they would find out and call back - they never did. I contacted a random segment of other dealers and asked them this same question and they all said, this model for this year is still available and have indeed orderded and received said model this month June 2005!
If this is indeed a binding contract, I feel compelled to force them to honor it!
I have a buyers order with a motorcycle dealership in MO, it was filled out, credit card deposit processed and faxed to me. It has my information ie name, address, phone numbers etc., Year, make, model and color of the motorcycle. Base price, dealer prep/assembly price, transportation price, processing fee price & < less deposit price >, superimposed in an unused area of the form is a receipt for the credit card transaction for the deposit, it is signed by the approved sales manager and dated, has the name of the sales person on it and inplace of the buyers signature is my credit card number and expiration date (I have been told that my credit card number and a transaction on that credit card inplace of my signature is as good as a signature?). Of course the obligitory small print at the bottom is not readable (did not reproduce from the fax) and at the very bottom it states "THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES",
The Dealership has stated they can't honor this agreement because the motorcycle manufacturer is no longer supplying this model for this year and are now trying to sell me a different model with accessories - but this model has a lower book value than the model I agreed to purchase. I contacted customer service of the motorcycle manufacturer several times and asked them if this is true, they always stated they would find out and call back - they never did. I contacted a random segment of other dealers and asked them this same question and they all said, this model for this year is still available and have indeed orderded and received said model this month June 2005!
If this is indeed a binding contract, I feel compelled to force them to honor it!
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