On April 1,08 I gave a trailer dealer a deposit on a horse trailer with pick up date to be 15 days later. The trailer was in a diff. state having warranty work done on it. After giving me every lame excuse possible(which were so far fetched it was obviously lies) I finally found out that they sold my trailer to someone else for a better price not to many days after I put a deposit on it. I have a receipt showing my dep. amount, total price, pick up date and vin number but they never cashed my deposit check. They lied to me for close to a month before I found out the truth. After doing much checking on the internet and with other dealers I am finding to buy this same trailer would cost me a few thousands more.

 Before you think I blindly bought a trailer I want to add that the trailer belonged to a friend of mine and the trailer had been replaced by the manufacturer through this dealer so I knew the issue that was being addressed.

 I have contacted my lawyer,BBB and Attorney General already but I am curious what others think of dealers doing this and can they get away with it? Any thoughts or advice would be great. I live in New York State if that helps.

I believe you will be told, that because of your deposit and hopefully a written bill of sale, that the dealer will have to give you a like product for the same price.

Gard

Thanks for your replies. You would not think a dealer would try to get away with something so shady but they are trying. The excuses they gave were so outragous and easy to disprove with just a phone call. Trailer isn't finished, finance company wanted more money for trailer but the best was that the trailer was damaged by the hauler and had holes in the roof. What they tried to do was discourage me into giving up and buying elsewhere. My husband has free legal services through his employment so we are ready to take this as far as we have to.

Dont companies realize they may get a few extra $$'s for a deal like this but when people start talking about dealers like this they may loose some other even bigger sales? And I do plan to talk and talk if I am not made very happy!

I had this same thing happen to me but I was purchasing a Duramax diesel instead of a horse trailer. It was a used truck here in town at the local  dealership. I had phoned the dealer to come and pick it up that day and he kept giving me excuses about why it wasn't ready or that he had another appointment etc. This went on for 2 days!!!

So--i feel your pain and anger!!!

Keep us posted on what happens

It's truly sad when dealers and private sellers take advantage of hard working people. I had a problem with a dealer some time back and I refuse to trust just about anyone’s word without deep research. Word of mouth is one way to get back at them. I used that trick and cost them more money if they had just been honest.

When you and a seller agree on the details of a sale, offer a deposit of cash, (as small an amount as possible) and demand a written agreement/contract/receipt before you leave. Specify the sales price, particulars of what you bought (year, model, ser# etc) , any additions to the sale (new tires, or fixed window etc) and the date you will take delivery. This will give you several legal advantages if the seller breaks his word.

While a verbal agreement and a hand shake is a legitimate contract, it is very difficult to prove. Also, while a check is handy, and if you do not have a written contract, the seller only has to destroy your check and not cash it, if he chooses to break your agreement.

Your deposit establishes a contractual sales agreement. If the seller fails to provide his part of the agreement, he is liable to provide a like (comparable) product at the agreed upon price. His acceptance of your deposit locks him in, for a nominal amount of time, during which the completed transaction should be finalized. This will vary from state to state, but is often 10 through 30 days. This automatic time extension, will be voided by any stipulated extension stated in the original contractual agreement.

Hand money down, and put it in writing. That's the only way you can keep some people honest.

Gard

If your receipt from the dealer indicates that they received your check in the amount of**** , and its value is deducted from the agreed upon total price, leaving a balance due of... yes, it is a firm contract whether they cash it or not. Make sure there are always funds to back that check up, at least until the matter is settled. Then they can use it or destroy it in front of you, depending on the outcome.

BOL  Gard

You do not have an enforceable contract because it is unsupported by consideration, i.e., they didn't cash the check.

She can still legally show them to be the liars that they are by filling complaints with the BBB and the state attorney general.That way,the dealer won't know that she just took her check back and slunk away quietly,defeated like a good little victim that they'd like her to be.

"Who's top dog,baby sister? The one that fights the hardest." ('Comes A Horseman')

If thats how the dealer conducts business before you've bought  a trailer of them, heck what are they going to be like over warrenty etc , no  I would run a country mile take your hard earned cash someplace else, they stink and have wronged you,  have a go give them some hassle   but it's not worth allowing yourself get too upset over it,lifes too short...