My husband and I went to purchase a new car. Signed a leasing order for motor vehicle. The dealership didn't have what I wanted in stock so they quoted me a vehicle that they ran a search on. The form just has name and address, ss#, vin (which was left blank) and delivery date of 02/28/07, and a breakdown of the lease payments. The next morning after signing the dealership called and said the vehicle they got was a demo and has 4800 miles on it. We told them we are not interested, we signed a lease for a new vehicle not a demo. They said they would start searching for another vehicle to make it right and call back in the afternoon they didn't call back so we called. We had to keep calling to see what was going on, then they were rude about it. So I called some other dealerships and they could offer a vehicle that is 6,000 dollars more for much less. We told them we wanted our money back and the manager told us that is financial dept is closed if he want our money back we can come in "tomorrow" (which is today) between 8:30 and 5:00 for a refund to our credit card. He called the dealerships that I had the least of the two amounts from and trying to obtain the vehicle. He told me he got the vehicle from one of the dealers and i could pick it up "tomorrow" He still wanted the price that we had negotiated previously on the other car. We told him we could get that same vehicle for much less why couldn't he do the same then he gave us a bs answer about service. We put 3800 down. Well he said he would talk to his GM to see if he could match the price of the other vehicle and call back in "ten minutes" With it being the last day of the month this would of been the last day to take advantage of the incentives from Nissan. After an hour the other dealer that had one of the two vehicles called and told me that the dealership called him and try to get the vehicle. He thought to either get it for me or try to keep me from getting it from them so I can't get the better pricing. He advised to me that since there was no vin number he didn't have a leg to stand on and to call the credit card companies explain the situation and put a stop on the down payment. The other dealership started the transaction on good faith that we would come in over the weekend since they where closing in half an hour. Then after 8:30pm the dealership we signed the lease order form with called and said they would match the others price. Of course after they already closed. My husband told him "forget it", No Deal because they kept feeding us lie after lie, being rude to me why would we want to continue receiving service from them and he is called over 3 hours after our last conversion ended with I'll call you in ten minutes. Then he told him you can't cancel we will keep your deposit. My husband said "You have no deposit" He had called the creditors and put a stop as advised. Then he went on to say he signed an agreement. On the flip side of the leasing order there are additional terms and agreements. It was never discussed with us. I asked my husband if he signed it. He does not remember signing any terms agreements. On our copy the part that reads I have read the terms and conditions on the back thereof and agree to them as a part of this order. It is blank no signature. My worry is what if he did sign their copy and doesn't remember?
On their section for Lessee's refusal to purchase reads, if I fail to accept delivery of said motor vehicle within five days after I have been notified that it is ready for delivery, then I understand that nay deposit which I have made with this order whether by cash or by another motor vehicle turned in for trade shall be forfeited to you and be kept by you and at your option shall constitute liquidated damages for my breach of this agreement.
Can they sue us for the down payment? What do I do
On their section for Lessee's refusal to purchase reads, if I fail to accept delivery of said motor vehicle within five days after I have been notified that it is ready for delivery, then I understand that nay deposit which I have made with this order whether by cash or by another motor vehicle turned in for trade shall be forfeited to you and be kept by you and at your option shall constitute liquidated damages for my breach of this agreement.
Can they sue us for the down payment? What do I do
