Car Dealership retracting offer??

Jmcruz87

So I have a question for everyone out there maybe someone else has experienced this. This past weekend me and my friend were looking for a Z for him. We found one at a dealership in Dallas that he wanted and began negotiating a price. Two days later they call him back making the offer he wanted. He agreed to buy the car and put $1000 down to hold it till he could drive up there (he lives about 5 hours away). The next morning they call saying they changed their minds and that they could not sell the car for the agreed price. Although the verbal agreement may not stand up wouldn't the fact that he put a $1000 on it mean they could not back out of their offer. Has anyone experienced this or know if it is legal for them to back out like that after a down payment was made?

tiger123

As long as they refund his money there is nothing you can do. It's not like buying a house......different set of rules.

Did you or your friend speak to either the General Manager or Owner of the dealership? If your friend really wants the car, I would start there and let them know WTF!! I mean this is really bad business practice. If either the GM or Owner won't do anything for your friend.....I would definitely threaten their reputation by advising the story on Facebook, their website, and contact the BBB in your area. I am sure they would be very interested to know about this. Good luck.

DEpointfive0

That's ********, but legally I don't think you can do anything... I'd call corporate

dawudih

Was it Trophy Nissan? Yhea, I bet it was.

MDZOwner

@OP, is the car still there on the lot? Sounds like a situation where someone walked in after you and was willing to spend more so they did it. Doesn't make it right!

DEpointfive0

You had a bad experience?
I had an AMAZING experience, I text the finance guy for shitz n giggles, he was that cool

The GM did make things right for me (tires were worn, he ok'd new ones)


EDIT: WOW, I just realized which dealershit... Yeah, Trophy fúcking sucks balls!!! I had the amazing experience in Austin at Round Rock Nissan

Mike

nothing signed, no deal.

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122554

I don't know the law in Tx., but I had a similar situation in Fl.. I had a signed agreement and put down a deposit. When I went to pick up the car two days later, they had sold it. I sued and won!

GrandZ45

Not a lawyer but I think that you probably don't have an enforceable right other than to get your money back. Verbal agreements are theoretically binding but how do you prove it? What recourse do you have? A man's word is only as good as the man behind it.

So what did the 1000$ mean? It meant that they had you thinking you had a car and therefore out of the car buying market until they could get their hands on you. If you had tried to back out they would have used you belief that you had made a deal and was out 1000$ if you backed out--making you work at getting your 1000$ back.

Even if you had a written agreement, how enforceable would it really be practically speaking?

If you gave them 1000$ without them faxing you a written agreement, they got something from you while you got nothing. They may even be thinking that starting off a relationship like that, they are in the driver's seat now and are going to still sell you something.

Me, I wouldn't do more business with someone who started out dealing with me like that under no circumstances. For one thing, no matter what they promise, you know it is just words.

Lemers

I written agreement is better than a verbal agreement. If the dealer refunded his money he has no standing without a written agreement. He may have a case if he had spent money to travel/or ship based on a verbal agreement but again what is he going to show in court to prove the agreed upon price.

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OldGuy

Depends on the law in your state. But in many states, putting the money down removes the barrier of the absence of a written contract. The deposit constitutes "part performance" and removes your claim from being barred by the Statute of Frauds. You could sue if the proposed deal is good enough to justify the time, effort and expense involved.

red6spd

Yea nothing you can do. Get the money back and so bye to that dealership. Post something on their FB page... That seems to be the knew thing to do LOL.

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Chuck33079

It's odd that they would take the deposit and not have you sign anything. When I've put down deposits on cars, I've always been faxed a bit of paperwork to sign with a VIN, price, etc.

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Lemers

You didn't sign anything means you may not have proof that you even place a deposit

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Jmcruz87

So after talking with the lawyers it seems that they can refuse to sell the car. Also it seems he will also not be getting back his deposit (not to mention the rental car fee he put down to drive up there and the day off from work he took). And yes it was Trophy Nissan! I still cant believe that this is allowed but I guess if nothing else lesson learned and will never deal with the dealership again. I don't know what the BBB can do but they will definitely be getting a call about the dealership. I don't know if there are rules on the forums about saying names of the dealer we were working with, but if not ask and I'll let you know everyone that we talked to making the sale. We will both start looking again and hopefully he can find another Z before Nismo Fiesta

Thanks for your input.