Car Dealership retracting offer??
 

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?

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.

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

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

@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!:shakes head:

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

nothing signed, no deal.

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!

Deposit and verbal agreement
 

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.

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.

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.

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.

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.

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

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.

What???
He's not getting his deposit back?!?!?!


Bullshít, shoot them, you're in TX, it's ok there, lol
Did he talk to the GM there?

What was the reason the lawyer said that the dealer didn't need to give back the $1000? That seems to me to be a scam. If they made a deal in bad faith to take his deposit that's fraud.

If he has any proof that he gave them money (I.e. a receipt, a deposit slip, a cleared check or credit card bill) they can't keep the deposit unless he walked away from the deal.

Kinda hard to believe.

He will be getting his deposit back but not right away, after talking with the dealer who originally made the deal she said it may take awhile he asked why and she said, and I quote "we already shredded your paperwork". But after arguing with them they will run the credit card and charge back the money he put down. He has called the GM multiple times and either he was "too busy" or will not return any of his calls. Thankfully he will be getting his money back (not sure how long that will take).

Well luckily since he paid with credit card he can call visa and tell them to stop payment on the charge. He will need the exact date and amount of the charge and just tell them it's an unauthorized charge. Tell them exactly what happened. Do it right away too. It will also make them look bad with the credit card company

:iagree: :iagree:

Have him contact his credit card company immediately and report an anauthorized charge.

And follow that up with a call to the BBB, and state attorney general.

Yep, that's Trophy

Go stand on the public sidewalk (off dealer property) with a sign about this during peak drive time. They'll get you your money back.

Wow, yeah, I just made an edit to my previous statement


Trophy Nissan fúcking blows...

Then again, I hate Bankston too... Go to the one in Irving at least... And don't get your car serviced there... Bunch of morons