Need help backing out of car sale.

TL; DR: We signed a contract to buy a car. Did not take delivery as it was a dealer trade. Sales contract gives the VIN number, and car is listed on the paperwork as "New." Next day, we find out from the salesman that the car has 2700 miles on it. Salesman wants to move the deposit over to an identical car with five miles. Have not signed any paperwork for this other identical car. Can we back out of the deal instead and get the deposit back? Located in PA.


Girlfriend and father in law went to dealership (not Toyota) last night to get service done on a car. While they were there, they saw a car on the lot that looked pretty and asked for a test ride. After a 15 minute test ride, they were in love with the car and decided to buy it on the spot.

They tell the car salesman that they want to buy the car, but want a brand new one with fewer miles. The dealer finds a new car at a neighboring dealer, and drafts up all the paperwork, which they sign, and plunk down a $4000 deposit on a credit card. The paperwork explicitly states the VIN number for the vehicle they are purchasing. The credit card receipt for the deposit also states the VIN number for the car.

The paperwork clearly states that this is a NEW car, but, strangely the box for mileage on the paperwork is left blank.

Salesman tells girlfriend the car will be ready on Friday.

Salesman calls the girlfriend this morning, and says that the car and VIN number they signed for turned out to have 2700 miles on it, instead of being a brand new car as he originally thought. It looks like it was a demo car. "Oops, my fault." No problem he says, he found another, identical car from a different dealership with seven miles and will get it in on Monday. He will move the deposit ($4000, which she paid for on a credit card) over to the new car.

The window sticker for this new car is 100% identical to the car they signed for, but obviously, it is a different car with a different VIN.

Girlfriend later has change of heart. Decides she doesn't want the car anymore and wants to back out of the deal. We have signed no paperwork for this new car with a different VIN that he is getting in from the other dealer.

Am I correct in thinking that the contract to buy the car is void, since the VIN she signed for is not the VIN she will be getting? And all she should have to do is call and say she wants to cancel and get a refund of the deposit? Located in PA

 

I’m not an expert at this stuff, but if you all signed a contract for one VIN, but then they cancelled that VIN. Nobody signed for the new VIN right? You should be able to cancel.

 

They aren't trying to sell us the "new" car with 2700 miles. They want to basically transfer the contract and the deposit to buy to an identical car with five miles on it.

We want out of the deal altogether. My logic is that we signed for a specific VIN, and they are trying to deliver a different (albeit identically specced) VIN instead. This should give us an easy way to say the contract is void, since we aren't getting the VIN we signed for (even though the new VIN is, again, identical on the window sticker).

 

identical or different vin, shouldnt matter. You should be able to back out with no problem since theyre the one who messed up

 

Yes, you can definitely pull out of the deal and get your money back.
I put down a $10,000+ deposit (Cash. From when I sold my old truck) on a new, dealer-trade truck with the VIN on the paperwork. The dealer ended-up not being able to get it in and screwed me around so I got all my $$$ back and bought one somewhere else. Good luck.

 

U never took delivery of the car so it shouldnt be a problem putting a stop to it. New VIN requires a new contract. If they give any problem with refunding the deposit contact the bank that the credit card is through.

 

Each state has different laws, many have a period of time that allows you to back out of a car purchase contract. Start there, see what your state law is.

It's best to understand what the relationship between a salesman and a customer is. He's not your friend, but he will be very friendly. He will alternate between being charming and being pushy. He wants something from you and he plans on getting it, no matter what.

That's right, it's prom night. The only question which of will you wake up in the morning victorious and which will have regret.

 

Since the deposit is on a credit card then she tells the dealer to refund the money or she will dispute the payment. She can explain the reason why she doesn't want the other car is that she has lost trust in the dealership and wants time to evaluate everything and regain confidence in them. If it becomes a hassle then she just says she also will file a complaint with the states better business bureau (or equivalent) and plaster the story all over social media.

 

May also want to look for another father-in-law... that's a hell of an impulse purchase. Or at least offer to take cars in for service from now on .

 

tell them where they can go. car salesmen are never your friend.

 

There is no buyers remorse law in PA you must have a valid reason to cancel the contract...vehicle being demo and not new is a valid reason. Call the state attorney general’s office for clarity as it’s their job to address consumer complaints and they will tell you the same thing.

 

$4k on a credit card???!!?? This should be a question to you if this is the girl you want to spend the rest of your life with.

Happy Friday!

 

I had a dealer pull this shit on me, they sold my truck that had a deposit and had a ‘similar one’ they ‘took the liberty of swapping me to’.
I called and flat out said ‘thats not the truck I put the deposit for, its on the bill of sale and I want my money back’ if they say no, like mine did, I bluffed and said id have a lawyer calling them and they IMMEDIATELY refunded me. Sheisty af.
NEVER ask them ‘can I get my deposit back’. TELL them ‘youre refunding my deposit’. I noticed that works a lot better. I was a Ducati sales manager for a few years, learned all the bullshit and now know what to look for.

 

Stick to your guns. Just keep saying, This deal is off. Please refund my money immediately and have a nice day.

Yes, but, what we could do is.... “This deal is off. Please refund my money immediately and have a nice day.”

Yeah but we’re the devil and take advtage ofslags.... “This deal is off. Please refund my money immediately and have a nice day.”


You never negotiate with terrorists, man. Cmon. Don’t make the mistake of having ANY dialogue with them what.so.ever. “Deal off. Money back. Now.” That’s it, on repeat.

 

I’m reiterating in case you didn’t catch it haha. DO. NOT. DIALOGUE.


“Money back. Now” over and over and over to that little bastard salesman. That’s it.

 

Fed law https://www.consumer.ftc.gov/articles/0176-buyers-remorse-when-ftcs-cooling-rule-may-help

I would assume that you haven't taken receipt of the car you rightfully wouldn't qualify to only have 3 days. In fact their 2700 mile notice would require you to accept the mileage as an amendment to the contract and if you don't just cancel the contract. You have not need to carry on from there. Once the contract is canceled they have a certain amount of time to return the money. If you don't get the money back or can't cancel the contract immediately contact your attorney general's office. Best of luck.

 

He/they signed a contract that did not have the mileage filled in when signed. What's stopping the dealer from just filling in 2,700 miles? (yeah not ethical, but..car salesman?) And it can still be sold as new with quite a few miles as long as the C of O hasn't been surrender for a title.

But still, nobody wants the drama they should give you a refund if you stand firm. It's easier for them to find another sucker than deal with legal bullshit

 

Not sure how this relates to third gen, but why don’t you tell your gf to call the dealer and tell them to give her the deposit back? Instead of asking an Internet forum, call the dealer and talk to them instead...

edit: fuck, I just remembered who OP is. I can’t take this thread seriously. I’m out.

 

You have to take control with theses snot-nosed weasels, man. Can't let them guide the conversation. When you go in YOU are in control.

"Give me my money. Now. Goodbye."

 

Copies are what is stopping them.

I had something similar happen when I was trying to buy a vehicle about 6 years ago. Dealer trade that had 5 miles on it and was wrote up for it. Gets to the dealer and bam 1k miles on it and paint chips along the bed. Nope, did not take delivery of it. They tried to make it right but I wasn't having it. We ended up tearing up the contract and that was the end of it. It took about 3 weeks and many calls to the bank because they rushed getting the loan through. So I had to get a letter from the dealer saying the deal did not go through and I did not have possession of the vehicle.