Signed Buyer's Order, do I have to buy the car?

[ParkerFinch]

Jurisdiction

Texas

In Texas, I signed a buyer's order for a used car with a Texas dealer. They signed it as well. After signing it, we could not come to an agreement on the means by which I would pay for the car and they stopped responding to me. I see mixed things online and I just need to know if I am legally obligated to pay for this car having signed a buyer's order. I also signed the application for registration and titling and whatnot that they provided but I imagine they haven't done anything with that as they weren't paid. Thank you.

 

[retic]

Did you put down a deposit?

Have you approached your own bank about financing the car?

 

[ParkerFinch]

Did you put down a deposit?

Have you approached your own bank about financing the car?

No, I did not put down a deposit and I am not financing it - I am capable of paying for the car outright in full. But as their options for payment, which they presented after I signed that paperwork, didn't work for me, I suggested other means and they have ignored me since.

 

[justblue]

No, I did not put down a deposit and I am not financing it - I am capable of paying for the car outright in full. But as their options for payment, which they presented after I signed that paperwork, didn't work for me, I suggested other means and they have ignored me since.

What options did they offer and what option would work for you?

 

[ParkerFinch]

What options did they offer and what option would work for you?

They offered cashier's check or wire transfer. The bank won't let me do either without going in person and there are no local branches. The bank offered to send a check to their account but it would take a few business days, so they would have to hold onto the car for another week at least as a result - maybe that bothers them or maybe they just think I sound sketchy but regardless I don't know if I'm legally required to pay for the car having signed the buyer's order.

 

[adjusterjack]

Preliminary opinion may change with additional information.

Seems to me that you might not have an enforceable contract since there was no payment and no delivery of the car.

However, that opinion may change when you post the buyer's order that you signed. See "upload a file" below the posting space.

I hope you kept a copy. If you didn't then I don't know what to tell you.

 

[ParkerFinch]

Preliminary opinion may change with additional information.

Seems to me that you might not have an enforceable contract since there was no payment and no delivery of the car.

However, that opinion may change when you post the buyer's order that you signed. See "upload a file" below the posting space.

I hope you kept a copy. If you didn't then I don't know what to tell you.

File attached with everything blurred - both parties signed it but I don't know whether it was approved by an officer of the dealer since they haven't said anything.

 

[adjusterjack]

Nothing attached. Try again.

 

[ParkerFinch]

Nothing attached. Try again.

Check now, I had to reupload.

 

[adjusterjack]

For a contract to be enforceable, all the terms must be agreed to buy both parties.

I believe that this one is unenforceable because there was a disagreement as to method of payment.

You offered one method (personal check, maybe?) and it was declined. That's probably all it takes to invalidate the buyer's order.

 

[ParkerFinch]

For a contract to be enforceable, all the terms must be agreed to buy both parties.

I believe that this one is unenforceable because there was a disagreement as to method of payment.

You offered one method (personal check, maybe?) and it was declined. That's probably all it takes to invalidate the buyer's order.

Is them not responding to me the same as declining it? I basically said "I can't pay this way, but I can pay this way," and no correspondence since.

 

[army judge]

...

FINANCE CODE CHAPTER 348. MOTOR VEHICLE INSTALLMENT SALES
...


When you buy a new or preowned vehicle, prepare to sign several important legal documents. According to Capital One, Reference, and Motorologist, the contract that contains the agreed-upon terms of the sale is also called a buyer's order. Capital One notes that understanding these documents can help you achieve a smooth car buying experience. You will also be asked to review and sign the title, bill of sale, and other documents depending on the specific terms of your deal.

Buyer's Order for Car: Everything You Need to Know
...

Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier. As soon as the vehicle is registered in your name, the dealer should provide you with the original title application receipt from the Tax Assessor-Collector's office.

If you owe money on the vehicle, the original title will be sent to your financier. If you pay in full for the car when you purchase it, you will be mailed the original title.

Keep all payment receipts and other documents in a safe place. Do not keep them in the glove compartment. If the car is stolen, or if a dishonest dealer illegally repossesses the car, you will have no records of ownership or payment.

Make your payments on time. If the dealer or your Lender says that you can change the payment dates, or pay late, get it in writing. Get a receipt for each payment.

Texas dealerships have the legal right to repossess your car without prior notice, even in the middle of the night. Keep your records safe and up to date for your protection.

Buying a New or Used Car | Office of the Attorney General
...

A buyer's order for a car is a business document that highlights key details about the dealer, buyer, and motor vehicle being sold if all parties agree to the transaction. A dealer prepares this document whenever a prospective car buyer wants to purchase a specific car off the lot.
An unsigned buyer's order is a nonbinding agreement that may identify the make, model year, vehicle identification number, and body style of the vehicle, as well as the sales price of the vehicle and the possible down payment the car buyer may make toward purchasing the vehicle.
A car buyer who signs a buyer's order is making a formal commitment to purchase the vehicle under the terms specified in the written agreement. The buyer's order becomes a binding agreement when all parties sign the document. Below we provide more information about a buyer's order and the purpose it serves.
What Is a Buyer's Order?
As mentioned above, a buyer's order is a business document that highlights key details about the car dealer, car buyer, and motor vehicle being sold if all parties agree to the transaction. A dealer prepares this document whenever a prospective car buyer wants to purchase a specific car off the lot.
The dealer may give you a copy of the buyer's order before finalizing any sales agreement. A buyer's order includes details about the parties involved in the buyer-seller negotiations. It also highlights the sales price of the vehicle and any related fees.
A buyer's order becomes binding if and when all parties sign the document. A signed buyer's order means the dealer intends to sell the vehicle to a customer who agrees to buy the vehicle.
Once signed, the buyer's order cannot be canceled unless the buyer applies unsuccessfully for dealer-arranged financing. For example, dealers may cancel the buyer's order if a financial institution does not approve the retail installment sales contract between the buyer and seller.
The Purpose of the Car Buyer's Order
The purpose of the car buyer's order is to put everything in writing concerning the potential sale of a vehicle. The buyer's order provides a detailed description of the vehicle and an itemized breakdown of the vehicle's total sale price, including taxes and fees.
The business document lets a prospective car buyer see whether any add-ons or ancillary products would contribute to the vehicle's total sale price. Ancillary products can include guaranteed asset protection or GAP insurance. The buyer's order also lists the balance due on delivery.
Rebates, down payments, and the value of any trade-in vehicle can lower your balance due on delivery. A buyer's order may include the full details of any trade-in vehicle involved in the transaction negotiations between a car buyer and dealer.


Buyer's Order for a Car: What Do You Need to Know?
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Motor Vehicle Sales Finance Contracts | Texas Office of Consumer Credit Commissioner
...

 

[adjusterjack]

Is them not responding to me the same as declining it? I basically said "I can't pay this way, but I can pay this way," and no correspondence since.

"Basically" said is not the same as "actually" said.

What were the circumstances of the conversation regarding payment?

Earlier you wrote that they "offered" cashier check or bank transfer and that was no good for you.

At some point there was a two sided conversation about payment method.

Relate it.

You were sitting at a table at the dealership. You signed the paper. The salesman signed the paper. Between the signing and you getting up and leaving, what was said about payment by both of you?

 

[ParkerFinch]

"Basically" said is not the same as "actually" said.

What were the circumstances of the conversation regarding payment?

Earlier you wrote that they "offered" cashier check or bank transfer and that was no good for you.

At some point there was a two sided conversation about payment method.

Relate it.

You were sitting at a table at the dealership. You signed the paper. The salesman signed the paper. Between the signing and you getting up and leaving, what was said about payment by both of you?

Sorry, I should have specified that all communication and signing was through email so that contributed to some of the confusion. Regardless, I am communicating with them now so the situation is resolved, thank you.

 

[adjusterjack]

Situation resolved.

Thread closed.