Contract troubles...

[kawikaratekid]

Hey all,

I made a huge mistake when signing a purchase agreement. I kind of hurried it up because my children were getting fussy just before I had to sign. The guy altered some numbers which lowered my trade value and added some additional things that I originally said no to. He claimed that the lower interest rate he just offered would balance out the additional costs of the added things that I originally said no to.... I didn't realize until the drive home when the children finally quieted down that the numbers didn't add up. Is there anything that I can do legally? Anything that would allow me to renegotiate some of the flaws in the contract?

Thanks

[tiramisu]

If this was a new vehicle purchase they may just stop the process and agree to void the contract and walk away.

Buyers remorse is common and you have a contract but they usually don't want a bad relationship from a sale.

[tiramisu]

... with new car purchases, the numbers probably do add up. computer generated and standard form. car sellers really don't have much room to deal and the trade is usually not under the salemans control at all. If you didn't like the trade price you should have taken it off the table and simply sold it privately.

[monkey]

Don't remember exactly, but youl should have a grace period where every contract can be reversed.
PDH might know

[kawikaratekid]

It's a used vehicle.....Unfortunately during the time of signing my children were crying in the office because they had been in their car seats for almost three and a half hours - an hour drive one way. So when I signed I was ramming through under the assumption that everything we had just talked about before he printed off the form would be correct on the agreement. He said that he would throw in a couple of things that I said no to and lower the interest rate which would make those things free. They weren't. The trade in value was also lower on the contract.... On the way home when my children finally chilled out I had the chance to take a closer look. That's when I realized how out of whack it was....I guess I can call them tomorrow and see what they say. I want the vehicle I just don't want the b.s. jacked up price.

[kawikaratekid]

Don't remember exactly, but youl should have a grace period where every contract can be reversed.
PDH might now

Thanks!

[kloan]

Good 'ol shady used car salesmen... why can't these ****ers ever be honest for a change...

Hope you get it straightened out.

[kawikaratekid]

I thought that I was on top of them too. Apparently each person involved in the process is just as shady as the next.

[monkey]

As mentioned.. don't remember exactly but this is what I know.

There is something called a cooling off period. I am not sure how this applies to dealership purchases ( they might have their own terms that you signed).
This cooling off period would allow you to reverse the contract. Problem is that this usually applies to door to door sales... look into that for your case. This would allow you to pressure him into changing terms or reversing,

2) Under common law.. there are a few conditions that have to met for a contract to be valid.

He offered and you agreed to certain terms.. ( e.g. salvage value). If the terms don;t match up to what you agreed to.. the contract is invalid

Problem: Is it worth it?? Hard to prove what salvage value and terms you agreed to.

3) Under contract law.. a misrepresentation of a fact or promise can reverse the contract.. ( e.g. promise for salvage value.. )

OK.. I puked out a bunch of shit.. in the real world.. all this crap might not be even worth your time. Perhaps you can reasearch this if he gets pissy ( e.g. read the contract law etc. ) and threaten with court.

[PdH]

I need to know which province you're in before I can evaluate your situation. Send it by PM if you like.

[Sean Summers]

These f**kers kill me. Everyone of those f**king car salesmen are slime. They are all "yes" men when they are selling the car but when you go back for help with a problem they all try to hide and are nowhere to be found.
SS

[kawikaratekid]

Ontario....

[PdH]

There's no cooling off period for car purchases in Ontario, or Canada for that matter. If you refuse to take delivery of the car the dealer can keep your deposit. There is no legal way to really force you to take ownership of the vehicle but dealers have a right to recoup their costs of preparation, registration, etc. They also have the legal right to keep the entire deposit. These are general legal principles pertaining to Ontario.

The difficulty is I can't provide a proper analysis without seeing the contract. Is there a "Failure to Accept Deliver or to Pay" term on the back? If so then write it out please.

If there is no such term, which isn't necessary for the contract to be valid, and you've given a substantial deposit, then go and talk to the dealer. Tell him you've spoken with a lawyer who says the contract is invalid because of misrepresentations and unconscionability. If you use this tactic you might get the majority of your deposit back, but if they have incurred any cost as a result of the transaction, you will pay it.

[kawikaratekid]

Here's the info that you were looking for....

Failure to Accept Delivery or to Pay: If I fail to accept delivery of the Vehicle within 7 days of you notifying me by registered mail that the Vehicle is available for delivery, or if I fail to pay you the full Amount Due on Delivery, you will be entitled, in addition to any other rights or remedies you may have, to cancel this Agreement and to deduct the amount of your damages from my Deposit.

[kawikaratekid]

Thanks PdH, you've been a big help already!

[PdH]

Here's the info that you were looking for....

Failure to Accept Delivery or to Pay: If I fail to accept delivery of the Vehicle within 7 days of you notifying me by registered mail that the Vehicle is available for delivery, or if I fail to pay you the full Amount Due on Delivery, you will be entitled, in addition to any other rights or remedies you may have, to cancel this Agreement and to deduct the amount of your damages from my Deposit.

This is a pretty open term that works on the dealer's behalf. Basically my prior advice still stands. He can legally keep your full deposit if he chooses, but if you use the tactic I suggested you may get away with just paying their prep costs and such. Good luck. :)

[kawikaratekid]

The past few that I've dealt with have left a bad taste in my mouth. It's really a shame that people in that industry just can't be honorable.