Dealer Cashed Check - Illegal??

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Old Feb 6, 2006 | 08:19 PM
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Dealer Cashed Check - Illegal??

My friend went to an Acura dealership last Saturday to buy an RSX. She found the car she wanted and at first they said her credit was good enough that she didn't need a co-signer. All she needed to do was put $1,000 down. So she wrote a check for a $1,000; however, she couldn't pick up the car because it was blocked behind other cars and they didn't have time to move it. So they tell her to come back Monday and the car will be ready.

Well Monday comes along and when she goes to the dealership, they said that her credit is not good enough and now she needs a co-signer. So she told them she would talk to her Father about co-signing and get back with them. The next day on Tuesday, she told them she wasn't interested anymore and wanted them to tear up the check. The Manager tells her its not a problem.

Next day, she goes online and finds out they cash the check the SAME day she was about to pick up the car. She calls the manager but he seems to busy and wont return her calls. He seemed unwilling to help her.

They cashed her check with out her even buying the car. My friend who happens to work at that dealership says the customer doesn't own the car until its driven off the lot.

Can she do anything to them legally?
Old Feb 6, 2006 | 08:28 PM
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tell her to walk in there and talk to them personally
Old Feb 6, 2006 | 10:17 PM
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it all depends on what she signed... watever it may be... i agree with the above, go to the dealership and talk it out.
Old Feb 6, 2006 | 10:40 PM
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Of course there will be legal issues with this. She paid 1,000 down for a car. I'm pretty sure she signed paper work for the car too which is usually the contract.. If she signed the contract and paid the down...I think she is legally bound to the contract and she would have to purchase the RSX...and her saying to tear up the check would have been good if she was there and personally tore it up so they could not cash it in...but since he cashed in the check...I think the contract has started...but from what it sounds like, she hasn't signed the major stuff because they said her credit wasn't as good and would need a co-signer...so an APR has not been set yet as with the payments and term (36mo,48mo, 60mo) so I THINK she might have the possiblity to be in the clear for now..and should get her refund back.

But I agree with the other two comments. Have her walk in and talk to them first. Of course possibly bring some one who knows his/her crap(friend who is a lawyer, or car saleman) I'll ask my cousin who's a laywer and let you know as soon as I get more info..

Let me know how it goes.

Ben
Old Feb 6, 2006 | 10:41 PM
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Oh, and which dealership? And it's location...?
Old Feb 6, 2006 | 11:05 PM
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Originally Posted by Khooda
Oh, and which dealership? And it's location...?

Mike Harvey Honda & Acura in Burlingame. My friend works their and he told me that you can sign all the papers and stuff but if you dont walk out with the keys in your hand driving it off the lot then your don't have to buy the car. Most of the customers do not know this.
Old Feb 6, 2006 | 11:25 PM
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hmmm... so a friend of yours work there and another friend is possibly out a $1k or may be obligated to buy a car.

If the manager said yeah no problem. I would think that your friend (the employee) could just say to the manager hey she's a friend... how can I help to get thsi resolved.
Old Feb 6, 2006 | 11:36 PM
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Originally Posted by gqchynaboy
Mike Harvey Honda & Acura in Burlingame. My friend works their and he told me that you can sign all the papers and stuff but if you dont walk out with the keys in your hand driving it off the lot then your don't have to buy the car. Most of the customers do not know this.
damn i live down the street and my gf is thinking about buying an RSX from them!!! now im worried
Old Feb 6, 2006 | 11:37 PM
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^ Try to talk her into buying a suby instead..
Old Feb 6, 2006 | 11:47 PM
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something sounds strange about checking her credit, taking her check, letting her buy the car, and then all of a sudden being too busy to 'move it out.'

what's the deal with that? they moved cars that were behind 10 others just to give me a test drive. something sounds fishy.
Old Feb 7, 2006 | 12:09 AM
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Originally Posted by gqchynaboy
Mike Harvey Honda & Acura in Burlingame. My friend works their and he told me that you can sign all the papers and stuff but if you dont walk out with the keys in your hand driving it off the lot then your don't have to buy the car. Most of the customers do not know this.
jeff, dont bring honda into this.

after all, it was acura (managers) who tried to screw over laura. both me and charlie works at honda, and we are trying to fix this to the best of our abilities. (and charlie is probably going to lose money out of his guarantee for this deal).

p.s. it is true, unless you take delivery of the car, it's not a sale.

Last edited by aywwsd; Feb 7, 2006 at 12:21 AM.
Old Feb 7, 2006 | 12:11 AM
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Originally Posted by sleepy22
something sounds strange about checking her credit, taking her check, letting her buy the car, and then all of a sudden being too busy to 'move it out.'

what's the deal with that? they moved cars that were behind 10 others just to give me a test drive. something sounds fishy.
that wasnt the whole story, but lets just leave at that.

i dont to want incriminate anyone, but it's lets just say the fault wasnt completely 1 sided.
Old Feb 7, 2006 | 12:12 AM
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Originally Posted by 06suba
damn i live down the street and my gf is thinking about buying an RSX from them!!! now im worried
pm me if you want a good deal.

both of our stores, honda and acura are good dealerships. granted several of our managers are greedy money hungry *******s, as long as you work with a good salesperson that follow through with the entire sale, you will get treated well, along with a fair price.

and to be honest, most of the cars are selling for close to invoice anyways, we are better off selling it at a good price, building a good relationship (for more referrals later down the road), then squeezing you for a few extra hundred dollars of profit.

Last edited by aywwsd; Feb 7, 2006 at 12:23 AM.
Old Feb 7, 2006 | 12:24 AM
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Unless you took delivery of the car (keys in hand, sat down and drove it out of the dealership), you don't own the car and can back at out any moment. For example, if they bring you the car you ordered (and already do all the paperwork), but it has scratches on it, or doesnt have the options you asked for, or you simply don't like it, you don't have to take delivery.

Good luck on getting her money back (shouldn't be a problem)

Oleg
Old Feb 7, 2006 | 12:27 AM
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Not to be a dick, but your a carsalesman. Money is your goal, thats it.

I almost bought a used wrx wagon from my local Acura dealer and we agreed on a price. She told me she was busy until 4 on the day we were going to sign the papers, so to come over at 4. 4 rolls around and I drive there only to find out that another salesman had sold the car. Gee thanks Acura. All car salesman are *** holes if you ask me.

Stevens Creek Subaru included.



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