Is Debit Card Deposit a binding contract?

[rnuke77]

What is the name of your state (only U.S. law)? Pennsylvania
I was provided a quotation from an RV dealer. No papers, contracts - aside from the quote - or signatures were exchanged. I later phoned the dealer and agreed to the terms verbally and provided debit card information for a deposit. The following day I have decided to not go through with the purchase. Is there a binding contract in place such that the dealer can keep my deposit? To date there is still no exchange of paperwork, information, signatures, ...
Thanks

 

[swalsh411]

Did the terms you agreed to include no refunds on deposits? I'm thinking they did.....

 

[rnuke77]

There is no paperwork stating terms. I have a cut sheet for the vehicle, I.e. what it includes, and an offer sheet with nothing on it but my general information and the financial terms for the vehicle.

 

[swalsh411]

Ok I'll try again. Did the verbal terms you agreed with say no refunds on deposits?

 

[rnuke77]

No, in fact when I asked my salesman about refunding the deposit he didnt know for sure and would have to ask. That is our last communication.

 

[sandyclaus]

No, in fact when I asked my salesman about refunding the deposit he didnt know for sure and would have to ask. That is our last communication.

I know I wouldn't be handing over a deposit until I knew the terms FOR SURE.

It looks like you have your answer. Since we don't know if the deposit is refundable (because you didn't ascertain that before handing over your debit card), there's no way to know for sure if you can get it back.

 

[swalsh411]

Let this be a lesson to you to get the terms in writing before making a deposit on a major purchase. The salesman knew darn well whether it was refundable or not; he was just avoiding the question hoping you would make the deposit based on what you were HOPING were the terms.

 

[Zigner]

Let this be a lesson to you to get the terms in writing before making a deposit on a major purchase. The salesman knew darn well whether it was refundable or not; he was just avoiding the question hoping you would make the deposit based on what you were HOPING were the terms.

No meeting of the minds, no contract.

 

[Proserpina]

No meeting of the minds, no contract.

True, but handing over ones debit/credit card does tend to suggest there was at least some meeting of the minds.

Why someone would do this without having the full contract details in front of them, is beyond me. Specially handing over financial info over the phone!

 

[swalsh411]

No meeting of the minds, no contract.

By that logic all deposits made before services were rendered or product delivered would be refundable which of course isn't the case. OP put a deposit down on a specific RV at a specific price. How can you say there was no meeting of the minds?

 

[Zigner]

By that logic all deposits made before services were rendered or product delivered would be refundable which of course isn't the case. OP put a deposit down on a specific RV at a specific price. How can you say there was no meeting of the minds?

There was no meeting of the minds about the deposit.

Furthermore, for an item of that value, the purported contract would need to be in writing (statute of frauds.)

 

[Proserpina]

Out of interest, is this a used car dealership?

 

[Mass_Shyster]

Is there a binding contract in place such that the dealer can keep my deposit? To date there is still no exchange of paperwork, information, signatures, ...
Thanks

It doesn't sound to me like there is an enforceable contract in place.

§ 2201. Formal requirements; statute of frauds.
(a) General rule.--Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection beyond the quantity of goods shown in such writing.

 

[rnuke77]

This is a reputable RV dealer. Fortunately I have not lost anything in terms of the deposit, but I asked the question in a "worst case" scenario (differences with dealer resolved). I learned a valuable lesson and got off cheap. I just did not see how it can be a binding contract with no documentation or signatures exchanged, and it looks like a 50:50 opinion split as well. Big thanks to all for contributions. ( Would still love to know the answer though!)

 

[TheGeekess]

This is a reputable RV dealer. Fortunately I have not lost anything in terms of the deposit, but I asked the question in a "worst case" scenario (differences with dealer resolved). I learned a valuable lesson and got off cheap. I just did not see how it can be a binding contract with no documentation or signatures exchanged, and it looks like a 50:50 opinion split as well. Big thanks to all for contributions. ( Would still love to know the answer though!)

What did the RV dealer say when you called them and asked?