Question: If a car dealer fails to live up to their end of a bargain and I cancel the car deal can they sue me?

September 26, 2005

Hi Tony

I have a question and I am hoping that you will be able to help me out. I put a deposit on a car and signed a buyer's order. However, the buyer's order was signed neither by a sales person nor a manager. The sales person just initialed the receipt of the deposit.

I agreed to wait for the car since they did not have it on the lot. The dealer promised to call me the next day and tell me if the place where they are bringing the car from still has it.

He did not call me. I called him the day after and left two messages. It took him 6 hours to call me back. I got the impression that he promised me a car which he cannot deliver.

Therefore, I cancelled my security deposit. The second time when he called I told him that I will not buy the car and I am canceling my deposit. Now he is threatening to sue me. At this point I am not sure what to do. Please help.

Kasia

Answer:

Hi Kasia,

These guys sound like a bunch of jerks. Listen, I'm not a lawyer and I am not qualified to give legal advice, but you should tell them that since they didn't live up to their promises it is they who will be sued if they don't cancel your order and give your deposit back.

Tell them you will file a complaint with the Better Business Bureau, and with your state's Attorney General's Office. Also tell them you will get a lawyer and sue them if they don't refund your deposit and back off.

If they persist certainly follow through with the Better Business Bureau and the Attorney General. The lawyer may cost you money, but you can still bluff them with the threat.

All my very best...

Tony Iorio