used car dealer

[Brend]

I recently went to a used car dealer in NJ
and thought i found the car that i liked.
I put a deposit down on it and signed a
contract. After i made several calls
inquiring about the type of car, i was
told they have bad motors.
I asked the car dealer if he could keep
the deposit and let me out of the contract.
He said no, i have to buy a car with him
or he will sue me.
Do i have to buy a car and can i be sued?
Also, I am paying for the car in cash and
he wants my check stubs. I don't feel they
are necessary if i'm paying cash.
I don't trust this dealer.
He also wants me to pay for an application
fee wich isn't in the contract.
He keeps adding more for me to pay.
Also, if i'm paying cash i don't see a need
for an application.
What should i do?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Brend:
I recently went to a used car dealer in NJ
and thought i found the car that i liked.
I put a deposit down on it and signed a
contract. After i made several calls
inquiring about the type of car, i was
told they have bad motors.
I asked the car dealer if he could keep
the deposit and let me out of the contract.
He said no, i have to buy a car with him
or he will sue me.
Do i have to buy a car and can i be sued?
Also, I am paying for the car in cash and
he wants my check stubs. I don't feel they
are necessary if i'm paying cash.
I don't trust this dealer.
He also wants me to pay for an application
fee wich isn't in the contract.
He keeps adding more for me to pay.
Also, if i'm paying cash i don't see a need
for an application.
What should i do?<HR></BLOCKQUOTE>

My response:

You put the "cart before the horse" on this one. You should have made your inquiries BEFORE signing on the dotted line. Yes, you must pay him and yes he could sue you. DO NOT PAY HIM IN CASH. You go to a bank, and you buy a Certified Cashier's Check made payable to the Dealership. That way, there's a "paper trail" and he can't deny payment. You do not need to give him your paycheck stubs - - that's only for financing. You do need to fill out the DMV forms so that the car can be registered and titled in your name. You are on the hook for the paperwork and processing fees, $20 to $25.

You signed the contract, you're an adult, the car is yours - - take delivery, pay him, or be sued. TAKE A MAN WITH YOU.

IAAL



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[JETX]

With all due respect to IAAL, I have a different 'spin' on this one.

Based on your post, you are probably NOT required to take the car!!

First, read the sales agreement. There will be some provision in there about breach of contract. It will probably say that the seller can keep the deposit in the event that the buyer refuses to accept delivery. Since you have already accepted that, no problem.

As to any 'additional' liability.. you would only be liable for the 'damages' that the seller incurs. For example, if you agreed to pay $3,000 for the car, and posted a $300 deposit which you forfeited, the sellers 'damages' are $2,700.00 for your failure to accept delivery. Now, if the dealer makes an honest effort to sell the car 'to the next buyer' and only gets $2,500 for it. His damages are the $200 difference. That is all that he can sue you for!! However, if he then takes that same car and sells it for the full 'damages' of $2,700.00, he has not been damaged and has no basis for a lawsuit!

The key here is what does the seller get for the car to the 'next' buyer. My suggestion, have a 'friend' go to the dealership and discuss buying the same car. See what the dealer is asking. Also, make sure to write down the license plate and the VIN number on the car. That way you can contact the 'new' owner later if you need to.

Bottom line... there is a very little chance of your being sued, and then for a very little amount. I am williing to be that you will never hear from this guy again.


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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!