Text Message Agreement

[BRVA2016]

What is the name of your state? Indiana
I have a question regarding whether or not a text message agreement I made is legally binding.
A car dealership offered to buy a motorcycle I'm currently purchasing via a finance company. The dealership made a monetary offer which I accepted, although the offer was short of the balance I owed. I agreed to write a check to make up the difference. The dealer texted a form which I printed, signed, photographed, and texted back. The form simply allowed them to gather payoff info for the bike. Also included in the arrangement was an agreement that they'd come and pick up the bike and that a manager would be in contact to set up a pickup time/date. They're now claiming that the trailer they use to haul bikes was involved in an accident in which it was totaled. They stated that because of this, they'd be unable to get the bike until March or April. Although no specific pickup time/date was mentioned in the texts, it is clear that this pickup was supposed to happen quickly. I'll also add (if it's relevant) that the payoff amount provided by the finance company will change in five days. If I've missed some details in posting this question, I'd be happy to elaborate. Thanks!

 

[quincy]

What is the name of your state? Indiana
I have a question regarding whether or not a text message agreement I made is legally binding.
A car dealership offered to buy a motorcycle I'm currently purchasing via a finance company. The dealership made a monetary offer which I accepted, although the offer was short of the balance I owed. I agreed to write a check to make up the difference. The dealer texted a form which I printed, signed, photographed, and texted back. The form simply allowed them to gather payoff info for the bike. Also included in the arrangement was an agreement that they'd come and pick up the bike and that a manager would be in contact to set up a pickup time/date. They're now claiming that the trailer they use to haul bikes was involved in an accident in which it was totaled. They stated that because of this, they'd be unable to get the bike until March or April. Although no specific pickup time/date was mentioned in the texts, it is clear that this pickup was supposed to happen quickly. I'll also add (if it's relevant) that the payoff amount provided by the finance company will change in five days. If I've missed some details in posting this question, I'd be happy to elaborate. Thanks!

Can you transport the bike to the dealership and finalize arrangements at that time?

To answer your original question, yes. Agreements made through texts and emails could be legally binding.

 

[BRVA2016]

Can you transport the bike to the dealership and finalize arrangements at that time?

To answer your original question, yes. Agreements made through texts and emails could be legally binding.

I could transport the bike myself but this was not part of the agreement. This may be editorializing but I special-ordered a new vehicle thru this company and after doing some homework, it appears they may be jerking me around. Both with the new vehicle and now the bike. Honestly, it's a matter of principle at this point. (ADDED)
I'd also add that I'd been offered more money by another dealer to buy the bike. I went with this company because I'd already ordered a new vehicle and they agreed to pick the bike up. Sorry if this isn't relevant to the issue.

 

[quincy]

I could transport the bike myself but this was not part of the agreement. This may be editorializing but I special-ordered a new vehicle thru this company and after doing some homework, it appears they may be jerking me around. Both with the new vehicle and now the bike. Honestly, it's a matter of principle at this point.

When someone says it’s a matter of principle, I see unnecessary and potentially costly problems ahead.

If you already have an agreement to sell the bike to the dealership, it best to honor that agreement, even if you have to work a little bit harder to facilitate the sale.

Or you could ask the dealership if they will cancel the agreement so you can sell the bike to someone who can pick it up before spring.

Depending on the wording of the agreement, I suppose it could be considered a breach of the agreement if the terms of sale included pick up of the bike. But to determine that, you would need the text exchanges reviewed by an attorney in your area.

 

[BRVA2016]

When someone says it’s a matter of principle, I see unnecessary and potentially costly problems ahead.

If you already have an agreement to sell the bike to the dealership, it best to honor that agreement, even if you have to work a little bit harder to facilitate the sale.

Or you could ask the dealership if they will cancel the agreement so you can sell the bike to someone who can pick it up before spring.

Depending on the wording of the agreement, I suppose it could be considered a breach of the agreement if the terms of sale included pick up of the bike. But to determine that, you would need the text exchanges reviewed by an attorney in your area.

I sincerely appreciate the advice Will the fact that the payoff amount will change in a few days have any bearing on the agreement we've made? In other words, the payoff when we made the agreement was xx dollars and now it's xx.x dollars?

 

[quincy]

I sincerely appreciate the advice Will the fact that the payoff amount will change in a few days have any bearing on the agreement we've made? In other words, the payoff when we made the agreement was xx dollars and now it's xx.x dollars?

You are not making any money on the sale of the bike, correct?

 

[BRVA2016]

You are not making any money on the sale of the bike, correct?

That is correct.

 

[quincy]

That is correct.

I suggest you discuss the bike sale with the dealership. You can tell them it is cheaper for you to sell to another dealership that will pick the bike up before the payoff amount changes. They might agree to cancel the agreement with you, especially since they seem in no hurry to get the bike anyway.

 

[BRVA2016]

I suggest you discuss the bike sale with the dealership. You can tell them it is cheaper for you to sell to another dealership that will pick the bike up before the payoff amount changes. They might agree to cancel the agreement with you, especially since they seem in no hurry to get the bike anyway.

Good idea One more question pertaining to this dealer; as I've stated, I'd ordered a new vehicle thru this company. They did not require a down payment which I offered to provide. I now understand that this is a potentially troubling arrangement because since there's no down payment, there's nothing obliging them to sell the vehicle to me upon delivery. Is this true? And, am I obligated to take possession of the vehicle when it does arrive? This last question I ask because I do not trust that they'll follow thru without the obligation to do so. Therefore, I'm contemplating placing an order thru a competitor who will require/accept a deposit.

 

[quincy]

Good idea One more question pertaining to this dealer; as I've stated, I'd ordered a new vehicle thru this company. They did not require a down payment which I offered to provide. I now understand that this is a potentially troubling arrangement because since there's no down payment, there's nothing obliging them to sell the vehicle to me upon delivery. Is this true? And, am I obligated to take possession of the vehicle when it does arrive? This last question I ask because I do not trust that they'll follow thru without the obligation to do so. Therefore, I'm contemplating placing an order thru a competitor who will require/accept a deposit.

When you ordered the vehicle, did you sign any documents? If so, read over what you signed to see how “obligated” you are to purchase the vehicle when it arrives.

 

[BRVA2016]

When you ordered the vehicle, did you sign any documents? If so, read over what you signed to see how “obligated” you are to purchase the vehicle when it arrives.

The only document I signed was a "preview order" sheet confirming my selections. It specifically states that "This order has not be submitted to the order bank. This is not an invoice."

 

[adjusterjack]

The only document I signed was a "preview order" sheet confirming my selections. It specifically states that "This order has not be submitted to the order bank. This is not an invoice."

Difficult to answer without seeing the entire agreement. Just know that a promise to pay may be enough "consideration" to make a contract enforceable.

 

[quincy]

The only document I signed was a "preview order" sheet confirming my selections. It specifically states that "This order has not be submitted to the order bank. This is not an invoice."

If it’s not an invoice, then it appears that the “bottom line” on vehicle cost could change upon the vehicle’s delivery to the dealership, in which case the order itself is not contract enough to bind you to a purchase of the vehicle. But you can have what you signed reviewed by an attorney in your area if you are thinking now of purchasing a car elsewhere.

 

[LdiJ]

I could transport the bike myself but this was not part of the agreement. This may be editorializing but I special-ordered a new vehicle thru this company and after doing some homework, it appears they may be jerking me around. Both with the new vehicle and now the bike. Honestly, it's a matter of principle at this point. (ADDED)
I'd also add that I'd been offered more money by another dealer to buy the bike. I went with this company because I'd already ordered a new vehicle and they agreed to pick the bike up. Sorry if this isn't relevant to the issue.

I would have some concerns as well that you are being jerked around. It would be a simple enough matter for them to rent a trailor to pick up the bike from you, and simple enough for them to even buy a new one. It doesn't take months to get a new trailor.

 

[quincy]

I would have some concerns as well that you are being jerked around. It would be a simple enough matter for them to rent a trailor to pick up the bike from you, and simple enough for them to even buy a new one. It doesn't take months to get a new trailor.

I agree that there appears to be more involved here with the dealership than a failure to pick up the bike as promised.

Perhaps the dealership agreed to pay off the loan on the bike (albeit not in full) as a way to solidify the sale of the ordered vehicle, but wants to wait for actual delivery of the vehicle before moving ahead.