Can I back out of a purchase agreement?

[fo_shizzle]

Hi there.

I recently purchased a 2009 Lancer Sportback GTS a week ago whereby I signed the purchased agreement. Also I saw that they just charged my credit card $2000 for the deposit (which I will get back once I pick up the car).

Anywho since the day I signed the purchase agreement it has been an absolute nightmare dealing with the sales rep, the sales manager, and the financial manager. First of all I spent 4 hours at the dealership until they closed and at the end of it all the purchase agreement I signed had stuff I didn't even agree on. I had to go back and had to pull teeth to get what we initally agreed on because the manager said that I already signed the papers. In the end the purchase agreement was re-done. Right now they are trying to locate the car I bought and the other day I got a call and they brought in the wrong color. What's worse is that they pressured me to just accept that colour because "it's a popular choice".

After all this I really don't want to buy this car from them. I'd rather buy this car from another Mitsubishi dealership. The fact that they're making a commission off of this (although they claim it's not much of a profit) makes my stomach turn.

My question is. Can back out at this point? Will I get my deposit back?

I read the back of the agreement and if I fail to accept delivery they have the right to take some or all of my deposit depending on the "damages" I have caused.

Has anyone been in this situation before?

[Jon Lai]

Why'd you sign in the first place if you didn't agree to it?

[bly]

Since you signed the purchase agreement, I don't think you can back out. However, if they don't have your colour, you can refuse delivery until they get it right.

[thephenom]

Depends entirely on the condition of your purchase. The agreement should tell you the expected and/or maximum time allowed for you to receive the vehicle, # of km allowed on the car, etc etc.

If I was you, just don't accept anything unless it's what you agreed on in written form. And if they can't deliver in a timely fashion as agreed upon, ask for a cancellation and your money back.

[fo_shizzle]

I signed it because I was comfortable with the deal. I think I could have done better but that's besides the point.

I don't want to buy it because the customer service is absolutely horrid! I mean I'm forking over a lot of money here and I expect to get the service that I deserve.

I would mind if the service was satisfactory...but since I signed that first agreement they're blantely pissing me off so I don't want to deal with them anymore.

[MP3_SKY]

You will probably lose the 2000$ if you back out. Why do so? Just get your new car, make sure it is the car you want or agreed on it, drive it out and never come back.

[johnsa]

If they cannot deliver the car you originally wanted in a reasonable time, then you should be able to cancel.

If they strong-arm you, contact your credit card company and have them start an investigation..it takes a few weeks but YOU WILL get the deposit reversed.

good luck

[F1FANF1]

Sounds like you might be in a tough place. Don't make it worse. Don't go buy another car somewhere else until you resolve this one. You'll just end up owning two cars!

Check out places like Better Business Bureau and/or a provincial auto industry group. Your profile says Toronto so, Ontario has OMVIC. etc..

[bizzmanager]

Can back out at this point? Will I get my deposit back?

I read the back of the agreement and if I fail to accept delivery they have the right to take some or all of my deposit depending on the "damages" I have caused.

Has anyone been in this situation before?

If you have not taken delivery of your vehicle you can always demand you deposit be returned in full!. Please do it as soon as possible before they decide to invent some type of charges they incurred while picking their nose and laughing about you. Walk in there and request your deposit be returned NOW because you are not comfortable with the deal. If they say no you kindly pull out your bill of sale and ask your Salesman if THIS, pointing to his or her OMVIC registration number is correct? (Make sure its between 9-5pm)
You ask to use their telephone to call OMIC at 1-800-943-6002.

You see even if you call an inquire about a dealer it goes as a strike against.
And trust me, no salesman or manager wants to be named with OMVIC too many times.
Good luck.

[HP_John]

If you have not taken delivery of your vehicle you can always demand you deposit be returned in full!. Please do it as soon as possible before they decide to invent some type of charges they incurred while picking their nose and laughing about you. Walk in there and request your deposit be returned NOW because you are not comfortable with the deal. If they say no you kindly pull out your bill of sale and ask your Salesman if THIS, pointing to his or her OMVIC registration number is correct? (Make sure its between 9-5pm)
You ask to use their telephone to call OMIC at 1-800-943-6002.

You see even if you call an inquire about a dealer it goes as a strike against.
And trust me, no salesman or manager wants to be named with OMVIC too many times.
Good luck.

Are you sure that he can demand the refund in full? I do not believe this is the case, though I could be wrong. As long as the dealer fulfills their end of the agreement (eg the right car model, colour, etc), then I believe he is required to go through with it. Let's say the dealer spends time & resources to locate the colour, & go get the car for him. In that case, I don't see how he can argue he doesn't have to go through with the deal.

[mark2000]

I'm a consumer protection expert and can give you a somewhat "definite" answer on this.

You have, unfortunately, no cooling off period under Ontario's Motor Vehicle Dealer Act. This Act protects consumers in Ontario when they purchase motor vehicles and administered by OMVIC.

Although you not be happy with the salespersons' conduct following the signing of the contract (offer), if they are abiding by all the terms and conditions of the contract, you have no grounds to cancel. One grounds for cancellation could be proof of misrepresentation about something on the vehicle. Also, if they did not disclose all the fees to you on the contract, that is also grounds for them to back out.

It's rare that a large corporate dealer would not make the proper disclosures as they risk losing their license with OMVIC, the Ontario Motor Vehicle Industry Council.

One approach you could take is to approach the manager of the dealership, and ask for cancellation of the contract due to customer service issues and that you're simply not comfortable with dealing at this establishment for whatever reasons. If the dealership agrees to cancel the contract, they make withhold a reasonable amount to pay for the administration and time spent in making this deal.

As one other poster said, you should call OMVIC and explain your situation to them. Only on a case-by-case basis, can the experts at OMVIC tell you what recourse you may have, if any.

[snufkyn]

I am looking at the sportback gts as well, who was the sales rep which dealership was this?
how much was your lancer OTR?

[jmarv]

I have a similar question, but different situation. We were too excited and signed the agreement without really thinking about the monetary implications. We were supposed to be doing research to narrow down choices for a purchase later in the year. Seems that we forgot that the plan was to pay down debt before taking more on...oh the dangers of getting caught up in the moment....

Anyway, we signed the agreement, but no money has exchanged hands. No deposit, no nothing. We were to come back the next business day (yesterday) to place the deposit. We haven't spoken to the dealership yet -- and are now 24 hours late with the deposit.

Since no money has been exchanged, can we cancel the deal without penalty? The sales rep told us that she couldn't start locating a car for us until she received the deposit, so none of that leg work has been done.

Thoughts?

[TripleHelix]

I have a similar question, but different situation. We were too excited and signed the agreement without really thinking about the monetary implications. We were supposed to be doing research to narrow down choices for a purchase later in the year. Seems that we forgot that the plan was to pay down debt before taking more on...oh the dangers of getting caught up in the moment....

Anyway, we signed the agreement, but no money has exchanged hands. No deposit, no nothing. We were to come back the next business day (yesterday) to place the deposit. We haven't spoken to the dealership yet -- and are now 24 hours late with the deposit.

Since no money has been exchanged, can we cancel the deal without penalty? The sales rep told us that she couldn't start locating a car for us until she received the deposit, so none of that leg work has been done.

Thoughts?

You signed the agreement. Even if no money has exchanged hands, I dont see how you can back out. Who signs the agreement "without thinking about the monetary implications"??

[mystery]

I have a similar question, but different situation. We were too excited and signed the agreement without really thinking about the monetary implications. We were supposed to be doing research to narrow down choices for a purchase later in the year. Seems that we forgot that the plan was to pay down debt before taking more on...oh the dangers of getting caught up in the moment....

Anyway, we signed the agreement, but no money has exchanged hands. No deposit, no nothing. We were to come back the next business day (yesterday) to place the deposit. We haven't spoken to the dealership yet -- and are now 24 hours late with the deposit.

Since no money has been exchanged, can we cancel the deal without penalty? The sales rep told us that she couldn't start locating a car for us until she received the deposit, so none of that leg work has been done.

Thoughts?

If no money has changed hands, I don't know what they could do to keep you bound to the contract.

They don't have your credit card number do they?