Correct me if I'm wrong, but what if you bought the car then took it back within 72 hours? I thought any contract you sign you have 72 hours to void it and get all your money back. It may be more work, but it's worth $1500.

 

Under the general rule, you are wrong, although Nevada or Los Vegas, where you live, may have adopted a more consumer friendly rule. That's why it makes sense to consult with a local attorney.

 

not that i don't feel for you bro but i honestly don't understand why you agreed to such a lame contract in the first place. why would you agree to a $2000 over MSRP if you didn't know what the MSRP was? what would have happened if the MSRP was $40,000???

 

CincyEvo: As a law student I will have to argue your interpretation. "Agreed" to me indicates a deal between the dealer and the purchaser, because he could not agree on MSRP. I would expect a contract you were thinking about to use determined, revealed, announced, etc. Agreed would seem to indicate that there is still some decision left on his part...

 

Their needs to be a clear definition of what final price includes. The dealer interpretation is that EVOMR@ $2000 over MSRP is a final price. Your interpretation is that final price includes MSRP as a dollar amount. But its not clear, and the dealer wrote it vague on purpose so they could keep your money. Its an obvious trap, you should have seen it coming.

 

Good point Cannonballer. If they said "established, by the manufacturer" it would have been clearer.

Also, it is a principle of contract interpretation that ambiguities are held to favor the person who didn't write the contract, to balance out the fact that the author of the contract had the chance to select wording that favored him. So maybe the purchaser has a shot here and can capitalize on the ambiguity the seller created by using the word "agreed".

The ambiguity is increased by saying separately, "MSRP to be determined", which implys that the words "once final pricing is agreed" refer to something other than the unknown MSRP. In other words, it refers to the hypothetical meeting of the minds of the seller & buyer at some future date as to actual purchase price + $2K (Are you writing all this down MR FU??)

The problem is that there really is no difference between saying we agree to buy/sell for some unknown price +$2K and saying we/agree to buy/sell as long as we agree on a price, which we may or may not do. What was the point of such an agreement? What did the parties think the point of the written agreement was, since that is relevant to a proper interpretation as well? I have to believe each thot it was binding the other to something but the buyer's interpretation means they entered into a meaningless written agreement. Why put it in writting at all & why fork over @2K if it was intended to be meaningless?

Still, I am starting to like the buyer's chances a little better.

 

Stupid contract.

You signed a contract that you agreed to pay $2k over MSRP, then the next line say both parties have to agree on final price w/c would be $2k over msrp... right Even Einstein would be scratching his head on this one.
Thats like a quote from confucius. I bet you paid cash too.

If this does goto court and im the judge id take that contract and whipe my *** with it. The second sentence is basically a clause, as long as you dont agree on the final price that $1500 dont belong to them case closed..... next!!!

And now you signed another contract, to be honest i think you should let someone who knows how to deal tag along with you.

 

proof of "once final pricing is agreed upon"?

 

thanks for the advice and stuff guys

OK I know it was a sTUpid contract aiite but at the time I Really thought there was no other dealers that were getting them. PLus every dealer said they were getting them so who the hell was telling the truth? This was the only dealer that showed me their computer sys so i signed with them.

Im going to take them to COURT I believe i should get it back ill let you guys know once its all finished. SOmeONe recommended me to talk to MMNA about this and They will make them give me my money? anyone has any info on this?

Dizzigital: We never "agreed" on final pricing, I was talking them down about the 2k over, and they were considering it the final offer was 1k over msrp, so there was negotiation goin on....but it was never agreed obviously cuz i left and went to another dealer.

 

I interpret it as just you paying 2k msrp... I don't see what the dispute is. The contract says, you pay 2000 dollars over MSRP which is a constant. There's nothing to negotiate about MSRP. Its what it is, the only thing negotiatable is the 2000 dollars which you AGREED to pay by signing. So MSRP + excess price was negotiatable before you signed, but once you signed you agreed to pay that amount of excess because MRSP +2k is the final price.

 

Typically, any contract with a "subject to" must have the specific condition written in plain english. Then those conditions must be met and agreed to by both parties..

What you say it says, makes it seem as though it was written for "2K over" with the final price "to be determined
after MSRP announcement"..

Which reads to me like subject to price announcement.

Any way you can scan what you signed front and back?

I fathom a guess based on what your saying here, is that the dealer that is holding your money has a piece of toilet paper for a "contract" and can wipe his *** with it..

After he gives you your money back.

Good luck.

 

although i think they should give you your money back, cause they will prolly sell it anyway...you are being the jerk-off, not them. you agreed to pay MSRP plus 2k. the only reason you aren't willing to pay that is because someone else gave you a better price. how is that fair to the dealer?

 

Sigh...IM glad you think im the jerk off but

Im just a consumer and im shopping for a car, I put down a refundable deposit it was clear the day i signed the contract. If I find a better price why can't i get my refundable deposit back and pay less??? There was no expiration date on the deposit, I didn't sign a contract with nonrefundable deposit on it so why shouldn't i get it back if that was the agreement in the first place.

 

just dispute it with your bank, or for the most part see if they already took the money, if they didnt cancel the check. at capitol mits where i worked we never cashed the check until the deal went thru

 

lol..got a message from dealer 1 this morning "hello fu i know you dont want to hear from us, but Ive been yellin at my boss for the last two days and i was able to get u the MSRP give me a call" .......now they come down to MSRP after all the drama after like 4 days....well too bad cuz i already have another contract wit NONrefundable deposit at another dealership...so i guess they can shove the msrp up the behinds