Text Message Agreement

[zddoodah]

How much money is involved?

Except for certain contracts in which both/all parties are merchants, "a contract for the sale of goods for the price of five hundred dollars ($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." Indiana Code section 26-1-2-201(1).

 

[quincy]

How much money is involved?

Except for certain contracts in which both/all parties are merchants, "a contract for the sale of goods for the price of five hundred dollars ($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." Indiana Code section 26-1-2-201(1).

This gets back to the content of the text exchanges between BRVA2016 and the dealership and to the form sent by the dealership, received by BRVA2016, printed off by BRVA2016, signed by BRVA2016, and returned to the dealership. What promises (if any) were made to each other by the parties.

 

[BRVA2016]

This gets back to the content of the text exchanges between BRVA2016 and the dealership and to the form sent by the dealership, received by BRVA2016, printed off by BRVA2016, signed by BRVA2016, and returned to the dealership. What promises (if any) were made to each other by the parties.

The amount involved regarding the bike is 17.9k. I reached out to the dealership today and asked to cancel the deal. The GM called me back and sounded a bit peeved regarding the (seemingly BS) trailer story his salesman gave me. He ultimately left the decision up to me and I told him that I’d like to cancel the deal. He said “if you change your mind, let me know.”

 

[quincy]

The amount involved regarding the bike is 17.9k. I reached out to the dealership today and asked to cancel the deal. The GM called me back and sounded a bit peeved regarding the (seemingly BS) trailer story his salesman gave me. He ultimately left the decision up to me and I told him that I’d like to cancel the deal. He said “if you change your mind, let me know.”

If you cancel the bike sale, make sure you get an “unconditional okay to cancel” agreement in writing and signed by the dealership.

 

[BRVA2016]

If you cancel the bike sale, make sure you get an “unconditional okay to cancel” agreement in writing and signed by the dealership.

I certainly appreciate all of the suggestions and info Very helpful!

 

[BRVA2016]

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.

This was my thought although the bike and new car order were separate deals entirely. My guess is that they were trying to get me to hang onto it longer so they'd avoid overhead until spring when it would sell quickly.

 

[LdiJ]

This was my thought although the bike and new car order were separate deals entirely. My guess is that they were trying to get me to hang onto it longer so they'd avoid overhead until spring when it would sell quickly.

That is not outside of the realm of possibility, but it is still a bit farfetched. I suspect that it was more likely due to cash flow issues rather than anything else.

 

[quincy]

I certainly appreciate all of the suggestions and info Very helpful!

Thanks.

 

[PayrollHRGuy]

This was my thought although the bike and new car order were separate deals entirely. My guess is that they were trying to get me to hang onto it longer so they'd avoid overhead until spring when it would sell quickly.

Unless the dealer in question regularly sells motorcycles it is highly probable that if they buy it from you they would simply sell it at auction as soon as they get it.

 

[quincy]

Unless the dealer in question regularly sells motorcycles it is highly probable that if they buy it from you they would simply sell it at auction as soon as they get it.

What the dealership intends to do with the bike once purchased is really not relevant.

What is relevant is the dealership’s promise to pay off the bike’s loan (minus dollars from BRVA2016), and their delay in the purchase of the bike changes the payoff amount.

It is good that the general manager apparently finds his salesperson’s story sketchy and is willing to let BRVA2016 cancel the previous agreement if he wants to.

 

[PayrollHRGuy]

What the dealership intends to do with the bike once purchased is really not relevant.

What is relevant is the dealership’s promise to pay off the bike’s loan (minus dollars from BRVA2016), and their delay in the purchase of the bike changes the payoff amount.

It is good that the general manager apparently finds his salesperson’s story sketchy and is willing to let BRVA2016 cancel the previous agreement if he wants to.

It isn't irrelevant if the OP seems to think they just don't want the overhead until next spring as the OP states.

 

[quincy]

It isn't irrelevant if the OP seems to think they just don't want the overhead until next spring as the OP states.

Yes. It is still irrelevant.

 

[BRVA2016]

Yes. It is still irrelevant.

Would it be okay to ask another question tangentially related to the bike issue or should I start a separate thread? It's about the new car order I placed alongside the bike deal.

 

[quincy]

Would it be okay to ask another question tangentially related to the bike issue or should I start a separate thread? It's about the new car order I placed alongside the bike deal.

It is fine, and preferred actually, if you add a related question here, even if only tangentially related.

Thanks for asking.

 

[BRVA2016]

It is fine, and preferred actually, if you add a related question here, even if only tangentially related.

Thanks for asking.

As I stated earlier, I also factory-ordered a new vehicle using this dealership. This is the first time I've ever ordered directly so the process is a bit different. It's customary (which I've learned recently) for a dealership to ask for a deposit when ordering from the factory. This dealership didn't. The salesman stated "if you back out, we'll put it on the lot and someone else will buy it."

This sounded fine at the time but I later learned that they now have no legal obligation to even sell ME the car that I ordered without a deposit. Also, the only thing I signed was a "preview order" which they didn't sign. After speaking to several other car salesmen at other dealerships, I've learned that I I should've negotiated an 'out the door' price, put down a deposit, and obtained a mutually signed 'buyer's order' and 'build sheet'. These other car salesmen seemed to indicate as well that I was no more obligated to follow thru with the order or take possession than the dealership is to sell ME the car that I ordered. Am I legally bound to this order or can I simply tell them to cancel or, refuse to take possession when it arrives? Given the way they dealt with the bike, I'm not at all confident they'll do the right thing when it's time. Thanks again