Question:  Can I walk away from a car deal if the car dealer doesn't live up to unwritten promises?

June 04, 2003

Tony,

Thanks for the tips.  They will sure help.  Just curious; If I agree to a deal and verbal agreements are made prior to delivery (ie. replacing items/ etc. etc.) and they are not completed at time of delivery, can I walk away from the deal without legal trouble even if I signed and placed a deposit?  Any help would be great.

Patrick

Answer:

Hi Patrick,

Thanks for taking the time to write.

Regarding your question, you're in a very grey area when you start talking about verbal agreements. If the dealer has any integrity at all and they actually care about turning you into a long term customer they will honor any agreements made. Even if they initially "forget" about them and you have to remind them.

As far as walking away from the deal it depends on what exactly you signed and again, what kind of people you're dealing with. If you decide to walk away from the deal they can make it very easy for you or they can make it a real pain.

Again, as far as the legal aspect goes it would depend on what you signed, and what exactly it said. Before you back out of the deal talk to the Sales Manager or even better the owner. Maybe he or she will go out of the way to satisfy you.

As a rule, you should always make the sales person write down anything promised. Make them spell it out right on the sales order and don't leave without a copy!

Hope this helps!

Tony Iorio

Continuation of Question:

Thanks...big help once again.

I signed a sales order after we agreed on price, etc. etc. Not written on the order are some misc. items (major being brakes & removing a dog smell from the vehicle; minor being misc. cosmetic issues). The salesman along with sales manager said that would not be a problem.

I pick up the vehicle tomorrow and have this feeling they are not going to be able to get rid of the smell. It's not an overwhelming smell but it's enough of a concern that it was mentioned.

If it's not to my satisfaction, I want to at the very least re-negotiate, and at the most extreme walk away. Do I have a leg to stand on? Can I use the "your ripping me off line" and walk out?

Patrick

Continuation of Answer:

Hi Patrick,

I wouldn't use the "your ripping me off line" unless things really get ugly. If the car is not to your satisfaction try being reasonable with them. Get the sales manager involved. Unless these guys are real jerks they will probably try to satisfy you.

Again, as far as walking away, didn't you say they have some of your money? That's where it can get tricky. When I was a sales manager, as a last resort I would let someone back out of a deal regardless of what they signed. Assuming of course, they hadn't taken delivery of the vehicle yet.

If I had a deposit I would give it back. I mean, if somebody really doesn't want a vehicle then it's not worth creating bad blood with the customer. Maybe he'll come back some day. Piss him off and you'll never see him again, and he'll tell everyone he knows to stay away.

Now that's how I operated. I can't speak for these guys. You'll just have to see how it goes. If you really want out of the deal talk to the sales manager and tell him you just don't think you can live with the smell. It will make you sick or whatever. If he's got a heart he'll give you your money back and shake hands.

By the way there is a company called Enviro-Guard.  They sell a device that removes odors from cars. They mainly sell to dealers and detail shops. Somehow it works by the process of oxidation. I've heard good things about it. Their phone is: 303-530-1888.

Good luck,

Tony Iorio