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legalaction 09-30-2011 03:10 PM

Quote:

Originally Posted by Quacks (Post 7596928)
It doesn't sound like he signed the purchase agreement, but rather the "worksheet" every dealership I've been to uses.

Also, I do think both parties should be protected and while we're at it, we can look at some sections in the Business Practices and Consumer Protection Act:

4(3)(b)(iv) : Without limiting subsection (1), one or more of the following constitutes a deceptive act or practice: a representation by a supplier that a consumer transaction involves or does not involve rights, remedies or obligations that differs from the fact"

Prohibition and burden of proof
5 (1) A supplier must not commit or engage in a deceptive act or practice in respect of a consumer transaction.

(2) If it is alleged that a supplier committed or engaged in a deceptive act or practice, the burden of proof that the deceptive act or practice was not committed or engaged in is on the supplier.

And even if he did sign the purchase agreement:

Direct sales contract — cancellation
21 (1) A consumer may cancel a direct sales contract by giving notice of cancellation to the supplier not later than 10 days after the date that the consumer receives a copy of the contract.

But of course you can't go purchase cars and then change your mind willy nilly:
Subsection 28(3): If goods are returned by the consumer under subsection (1), the consumer is liable to the supplier for any damage to the goods caused by the failure of the consumer to take reasonable care of the goods.

What is a "worksheet"? I did sign the purchase agreement, but the point is, the "DEPOSIT NONREFUNDABLE" part is added afterwards and I was not provided with a copy of it. Also, a "purchase agreement" is not a sales contract.

I have posted a link in the first post regarding the deposit matters explained by VSA. Hopefully this will help more people understand.

BlackZRoadster 09-30-2011 03:33 PM

Spelling errors pwned me.

I support your war of terror - Borat
Posted via RS Mobile

Quacks 09-30-2011 03:53 PM

Quote:

Originally Posted by legalaction (Post 7596953)
What is a "worksheet"? I did sign the purchase agreement, but the point is, the "DEPOSIT NONREFUNDABLE" part is added afterwards and I was not provided with a copy of it. Also, a "purchase agreement" is not a sales contract.

I have posted a link in the first post regarding the deposit matters explained by VSA. Hopefully this will help more people understand.

Just found this: http://www.mvsabc.com/documents/blt-...ssue14_000.pdf

Lol all that work for nothing, it's already been summarized by VSA -_-;

Search "Understanding deposits" and "the sales transaction" from this page on VSA's website: Vehicle Buying Tips from The Motor Vehicle Sales Authority of British Columbia

I found that normally, when you express interest in a specific car, the salesperson sits you down and starts a "worksheet" outlining the MSRP of the vehicle, any trade in you might be bringing in and rebates, etc. At that point, they would ask you how much were you thinking of paying for the vehicle. You name a price, they ask for a "deposit" (mine was $500) before they can go talk to their manager about the offer you gave. They also say that if the manager agrees to the price you offered then you must buy the car (otherwise the "deposit" is refunded back to you if they cannot sell the car to you for the price you offer).

After we agreed upon the price and I gave them another $2000 to locate the vehicle, we met again when the vehicle was transferred to the dealership and my financing was approved. I came in to meet with the business manager to sign the purchase agreement (I remember signing SO many forms) and was given copies of everything I signed.

legalaction 09-30-2011 03:55 PM

Quote:

Originally Posted by BlackZRoadster (Post 7596983)
Spelling errors pwned me.

I support your war of terror - Borat
Posted via RS Mobile

No. Your ignorance or pretending to be ignorant pwned you. You are like Borat dressing in a Hello Kitty outfit. Nice try. But not very cute.

Even in college, oftentimes you are not punished in exams for spelling errors or grammatical errors except it is a language course. Reasons, knowledge and logic can still go through, putting no barriers in front of people of different countries, races or professions. Isn't that amazing? You think people support me just because I made fun of your typos?

legalaction 09-30-2011 04:03 PM

Quote:

Originally Posted by Quacks (Post 7597013)
Just found this: http://www.mvsabc.com/documents/blt-...ssue14_000.pdf

Lol all that work for nothing, it's already been summarized by VSA -_-;

Search "Understanding deposits" and "the sales transaction" from this page on VSA's website: Vehicle Buying Tips from The Motor Vehicle Sales Authority of British Columbia

I found that normally, when you express interest in a specific car, the salesperson sits you down and starts a "worksheet" outlining the MSRP of the vehicle, any trade in you might be bringing in and rebates, etc. At that point, they would ask you how much were you thinking of paying for the vehicle. You name a price, they ask for a "deposit" (mine was $500) before they can go talk to their manager about the offer you gave. They also say that if the manager agrees to the price you offered then you must buy the car (otherwise the "deposit" is refunded back to you if they cannot sell the car to you for the price you offer).

After we agreed upon the price and I gave them another $2000 to locate the vehicle, we met again when the vehicle was transferred to the dealership and my financing was approved. I came in to meet with the business manager to sign the purchase agreement (I remember signing SO many forms) and was given copies of everything I signed.

Thanks. That is exactly the bulletin I was talking about. I realized that I might have posted a wrong link in the original post. I have changed it.

I was never asked for a deposit before negotiating the price. Sometimes they do want your credit cad though.

LSF22 09-30-2011 04:13 PM

Quote:

Originally Posted by legalaction (Post 7596764)
Thank you for pointing that out. I like those stereotypes. I think Regency Infiniti made their decisions exactly based on that kind of stereotypes. They thought that I was just another ignorant Chinese kid with rich parents. When you are biased, you tend to make bad judgment and do the wrong things.

There are also some stereotypes about car dealerships and salesperson though I am not willing to believe it, but are you?

+1

As others have said, good luck in your fight and keep us updated.

FI-Z33 09-30-2011 04:17 PM

bf took his car to regency infiniti for service and he told them specifically not to wash his car...

we came back the next day to see that the car is all washed and we found that the mufflers were off (one was lower than the other) and the front bumper on the left has been hit and they tried to fix and realign it without telling us and trying to hide it from us.

never great encounters with regency infinity :mad:

legalaction 09-30-2011 06:26 PM

Quote:

Originally Posted by FI-SP23 (Post 7597033)
bf took his car to regency infiniti for service and he told them specifically not to wash his car...

we came back the next day to see that the car is all washed and we found that the mufflers were off (one was lower than the other) and the front bumper on the left has been hit and they tried to fix and realign it without telling us and trying to hide it from us.

never great encounters with regency infinity :mad:

I am glad that I did not buy the car from them now. Who knows what they had done to it.

SkinnyPupp 09-30-2011 06:47 PM

Quote:

Originally Posted by GLOW (Post 7596569)
if he can make this thread pop up by just googling "regency infinity" on the first page that would be sweet.

For that, we'll need backlinks. So share this link on other BC forums, blogs, facebook, craigslist, twitter, whatever, and it will make it to the top eventually

legalaction 09-30-2011 07:57 PM

Quote:

Originally Posted by StylinRed (Post 7596889)
I think BlackZR works @ Regency Infiniti



grats on getting your money back so quickly LA

I do not know where he works. But he had made it very clear that he would "make effort" to keep your deposit if you do not buy. Better make effort to avoid him no matter who he works for.

Jgresch 09-30-2011 08:14 PM

He doesn't work at Regency.

Datsun 09-30-2011 10:26 PM

Shortcut: send this story to Jalopnik or other big auto news sites.

achiam 09-30-2011 10:38 PM

Quote:

Originally Posted by legalaction (Post 7595562)
I will see how far I can go. At least you will find me posting the recorded conversation online. I tried to talk the salesman out of this, but if he decide to claim that it is his fault not knowing the terms exist and review it with me, I have to say that he is more intimidated by his boss than intimidated by ruining his career.

DEMAND A BRAND NEW 2012 NISSAN GTR.

BlackZRoadster 09-30-2011 10:54 PM

Quote:

Originally Posted by legalaction (Post 7597273)
I do not know where he works. But he had made it very clear that he would "make effort" to keep your deposit if you do not buy. Better make effort to avoid him no matter who he works for.

I would definitely keep a client's deposit if they signed a document stating "partial payment" , and/or non-refundable deposit.

Just for your information, the salesperson gets nothing from a clients forfeited deposit. It's just principle to me if i state it's "partial payment, non-refundable" that the client doesn't receive it back. Everyone has their principles, so does the salesperson.

However, one thing i do agree in your case is that if it didn't state non-refundable, i do agree they should have given the deposit back to you.

legalaction 09-30-2011 11:24 PM

Quote:

Originally Posted by Jgresch (Post 7597291)
He doesn't work at Regency.

It does not matter where he works. These people exist, and that fact disturbs me a little bit.

Quote:

Originally Posted by achiam (Post 7597440)
DEMAND A BRAND NEW 2012 NISSAN GTR.

Greedy......

legalaction 09-30-2011 11:25 PM

Quote:

Originally Posted by Donut (Post 7597425)
Shortcut: send this story to Jalopnik or other big auto news sites.

Thanks. I have contacted them.

Dinan3 09-30-2011 11:29 PM

Sorry if I missed it. You mentioned that you have escalated this to BBB. What is on your request for resolution?

legalaction 09-30-2011 11:47 PM

Quote:

Originally Posted by BlackZRoadster (Post 7597459)
I would definitely keep a client's deposit if they signed a document stating "partial payment" , and/or non-refundable deposit.

Just for your information, the salesperson gets nothing from a clients forfeited deposit. It's just principle to me if i state it's "partial payment, non-refundable" that the client doesn't receive it back. Everyone has their principles, so does the salesperson.

However, one thing i do agree in your case is that if it didn't state non-refundable, i do agree they should have given the deposit back to you.

First, in your original "making effort" comment on the Audi R8 case, you did not say your "effort" is conditional on any document or contract. You said " I've been in the industry over 10 years and based on principle I would have made an effort to keep the 2000 deposit if I held a r8 for 2 weeks". Instead of saying "based on a legal document". You can make any principles man. I am just not interested.

Second, it does not matter whether the salesperson receive any portion of the forfeited deposit. Salesperson is trying to use this to prevent customers from leaving. If successful, you do get commission. You can not prove that salesperson has no economic incentive to "make effort" on forfeiting the deposit. Your true principle is revealed from this kind of process.

I really tried not to make enemies but your comment does disturb me. I had a hard time differentiating what you are confused about from what you are intentionally trying to confuse others into thinking about. The fact that you have been in this industry for over 10 years disturbs me a little bit more.

legalaction 09-30-2011 11:59 PM

Quote:

Originally Posted by Dinan3 (Post 7597501)
Sorry if I missed it. You mentioned that you have escalated this to BBB. What is on your request for resolution?

My request includes but is not limited to a refund. Also, it seems that BBB does not have any authority on criminal charges.

Datsun 09-30-2011 11:59 PM

Quote:

Originally Posted by legalaction (Post 7597498)
Thanks. I have contacted them.

From here on it's just gonna be:

http://gifsforum.com/images/gif/pop%...p_corn_gif.gif

I remember last year a guy had his Gallardo wrecked by a mechanic at an Audi dealer, who refused to compensate. He wrote about it on a forum and it trickled into other sites + blogs. IIRC After the dealer got some 'nice' publicity, he got his car replaced with a brand new R8.

MindBomber 10-01-2011 12:23 AM

Quote:

Originally Posted by legalaction (Post 7597514)
First, in your original "making effort" comment on the Audi R8 case, you did not say your "effort" is conditional on any document or contract. You said " I've been in the industry over 10 years and based on principle I would have made an effort to keep the 2000 deposit if I held a r8 for 2 weeks". Instead of saying "based on a legal document". You can make any principles man. I am just not interested.

Second, it does not matter whether the salesperson receive any portion of the forfeited deposit. Salesperson is trying to use this to prevent customers from leaving. If successful, you do get commission. You can not prove that salesperson has no economic incentive to "make effort" on forfeiting the deposit. Your true principle is revealed from this kind of process.

I really tried not to make enemies but your comment does disturb me. I had a hard time differentiating what you are confused about from what you are intentionally trying to confuse others into thinking about. The fact that you have been in this industry for over 10 years disturbs me a little bit more.

It's no more of a stretch to say, that based on a customer forcing a business to incur a significant financial loss by backing out of a deal after a reasonable time frame to do so had expired, the salesperson should feel the business is entitled to fair compensation. I see nothing morally wrong in attempting to retain a deposit in the circumstances stated by BlackZ if it is done so legally, through a channel like small claims court. If I had a dealer hold a car for two weeks, then I chose to back out of the deal, I would leave the deposit in recognition of the costs they incurred doing so. Maybe my comment is disturbing too, and my family for instilling those morals in me.

NSX 10-01-2011 12:24 AM

subscribed.

HonestTea 10-01-2011 01:52 AM

http://imgur.com/tCp90.gif

CorneringArtist 10-01-2011 07:08 AM

http://mike100915.files.wordpress.co...vs-packers.jpg

GLOW 10-01-2011 07:56 AM

Quote:

Originally Posted by achiam (Post 7597440)
DEMAND A BRAND NEW 2012 NISSAN GTR.

failed by a guy named GTR, how did i not see that one coming


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