WWTBAM Bored

My husband went to look at a car at car dealer #1. The car salesman said he didn't have what he wanted on the lot , but found a car that was being shipped and "grabbed" it for him. My husband puts down a deposit and signs a form which he did not get a copy. A few days later, I took my car in for service at another car dealer (#2) and my husband starts chatting with a salesmen at this dealer. My husband says he is getting a new car and the salesman says I can look up your car online and I will beat dealer #1's price. The salesman notices the car has been damaged in transit. He looks at the car my husband wants to trade in and says I will give you $500 more for your trade in than dealer #1 is giving you. So my husband calls dealer #1 to ask about the damage on the car.

Dealer #1 denies the damage and now says you must buy the car. After talking again the dealer#1, the salesmen admits the car has damage, but says it is minor. So now dealer #1 says we won't get back our deposit if we don't buy that damaged car and he won't get us a non-damaged car. But to show how great he is, he will give us $250 more for our trade in which is still less than dealer #2 will give us.

I said don't we get our deposit back because the car my husband wanted was a new car, not a damaged one?

geoffil wrote:My husband went to look at a car at car dealer #1. The car salesman said he didn't have what he wanted on the lot , but found a car that was being shipped and "grabbed" it for him. My husband puts down a deposit and signs a form which he did not get a copy. A few days later, I took my car in for service at another car dealer (#2) and my husband starts chatting with a salesmen at this dealer. My husband says he is getting a new car and the salesman says I can look up your car online and I will beat dealer #1's price. The salesman notices the car has been damaged in transit. He looks at the car my husband wants to trade in and says I will give you $500 more for your trade in than dealer #1 is giving you. So my husband calls dealer #1 to ask about the damage on the car.

Dealer #1 denies the damage and now says you must buy the car. After talking again the dealer#1, the salesmen admits the car has damage, but says it is minor. So now dealer #1 says we won't get back our deposit if we don't buy that damaged car and he won't get us a non-damaged car. But to show how great he is, he will give us $250 more for our trade in which is still less than dealer #2 will give us.

I said don't we get our deposit back because the car my husband wanted was a new car, not a damaged one?

This sounds like something out of the movie "Used Cars". Except that it is a new car, and there is no nudity.

But, still. Sheeeeeesh.

I see nothing wrong with this situation....

You should get your deposit back.

I don't know the laws in your state, but I thought everyone had a 30 or 60 day regret type of law. Where you can say you changed your mind withina certain time period without penalty.

Not the same if you drove it off the lot, but I would be talking to the management of the said car dealership. The dealer tried to sell you damaged goods as if they were undamaged. I would assume that is fraud.

Bored lawyers? Maybe geoffil needs some legal language to take to the dealer.

You want I should come and kick some ass?

peacock2121 wrote:You want I should come and kick some ass?

Note to Shady Chicagoland Car Dealer:

Be very, very, very afraid.

That is all.

The goods are non conforming and un-merchantable, seller probably has a right to cure the non conforming tender.

themanintheseersuckersuit wrote:The goods are non conforming and un-merchantable, seller probably has a right to cure the non conforming tender.

I know the words are in English, but their order is confusing.

That's probably the intent.

"Lawyer - the only profession whose primary reason for existence is to protect you from other members of the same profession."

themanintheseersuckersuit wrote:The goods are non conforming and un-merchantable, seller probably has a right to cure the non conforming tender.

Probably not. Unless there are laws in Illinois specifically addressing this issue pertaining to automobile sales, this is a sale of goods covered by the UCC. The UCC uses a perfect tender rule -- if tender isn't perfect, the buyer can reject and cancel the contract.

Escalate the the sales manager and beyond if necessary. You should get your deposit back. --Bob

christie1111 wrote:I don't know the laws in your state, but I thought everyone had a 30 or 60 day regret type of law. Where you can say you changed your mind withina certain time period without penalty.

Certainly not in every state. And 30 to 60 days is a long time for that sort of thing, so long I'd be surprised if that were the law anywhere. Hell, you only get three days to get cold feet on a mortgage, and that's an even bigger financial commitment. --Bob

Thanks for your replies.

geoffil wrote:I said don't we get our deposit back because the car my husband wanted was a new car, not a damaged one?

Let me translate what I said to suitguy. You're probably right.

There is a uniform body of law that 49 states have adopted (all but Louisiana, which didn't adopt the part we care about for purposes of this discussion) called the UCC (Uniform Commercial Code). It says that if there's an agreement for the sale of goods (cars are "goods"), "if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (1) reject the whole." UCC § 2-601 (emphasis added).

That means that if the seller fails to comply exactly with each and every term of the contract, the buyer can reject the item (in your case, the car). "The buyer has no further obligations with regard to goods rightfully rejected." UCC § 2-602(b)(3). That means that if you're entitled to reject, you can simply walk away from the deal.

The reason I'm hedging is that it's possible (I'm not an Illinois lawyer) that Illinois has some laws specifically directed to this situation in the sale of cars. In that case, those laws would supersede the more general discussion above. --Bob

Bob78164 wrote:

christie1111 wrote:I don't know the laws in your state, but I thought everyone had a 30 or 60 day regret type of law. Where you can say you changed your mind withina certain time period without penalty.

Certainly not in every state. And 30 to 60 days is a long time for that sort of thing, so long I'd be surprised if that were the law anywhere. Hell, you only get three days to get cold feet on a mortgage, and that's an even bigger financial commitment. --Bob

Sorry, I think you are right. I think we have something in CT about the cold feet thing.

But 3 days is right.

Here is the email from the car dealer after my husband said we want another car that isn't damaged and want an additional 500$ for our trade in to match the other dealer.

It is so unbelievably arrogant, that it made me chuckle.

Thanks for getting back to me. Because you were a previous customer and wanting to earn your business again, we worked an exceptional deal for you on the car at the numbers we were at. We don't have room in the deal for $500 and floor mats, but as a show of good faith, we would be glad to give you the floor mats and an additional $250 off the price of the car. I'll look forward to hearing from you.

geoffil wrote:Here is the email from the car dealer after my husband said we want another car that isn't damaged and want an additional 500$ for our trade in to match the other dealer.

It is so unbelievably arrogant, that it made me chuckle.

Thanks for getting back to me. Because you were a previous customer and wanting to earn your business again, we worked an exceptional deal for you on the car at the numbers we were at. We don't have room in the deal for $500 and floor mats, but as a show of good faith, we would be glad to give you the floor mats and an additional $250 off the price of the car. I'll look forward to hearing from you.

I'd reply: "That's fine as long as you can supply an undamaged vehicle." Period.

geoffil wrote:Here is the email from the car dealer after my husband said we want another car that isn't damaged and want an additional 500$ for our trade in to match the other dealer.

It is so unbelievably arrogant, that it made me chuckle.

Thanks for getting back to me. Because you were a previous customer and wanting to earn your business again, we worked an exceptional deal for you on the car at the numbers we were at. We don't have room in the deal for $500 and floor mats, but as a show of good faith, we would be glad to give you the floor mats and an additional $250 off the price of the car. I'll look forward to hearing from you.

"Dear Car Dealer,
Thank you for your reply. Although I was a previous customer and wanted to do business with you again, another dealer has worked an even more exceptional deal for the vehicle I want. As a show of good faith, you may return my deposit rather than further attempt to sell me a vehicle that you have admitted is damaged. Otherwise, you may look forward to hearing from the local media's investigative reporters, the Better Business Bureau, and your franchiser's home office."

Gsabc,

That was funny and good.