Overhaulin'

Can a car dealer cancel a deal after he accepts $200 as down payment over the phone for a new car?

The New Car Dealer wants to cancel the deal because he claims he cannot find the car, since the car is a new 2009 model . We still want the car . The dealer claimed he had located a car 400 miles away on Saturday and charged me $300. 00 extra for trucking fees. He took a $200 down payment on Saturday and charged it to my credit card. The following Monday, he claimed he didn't have the car, later claimed he couldn't find the car and a day later claimed the car " did not exist."

Public Comments

1. well what do you propose? You want to buy a car that cannot be found. How is he supposed to keep the deal together if there is no car? You are going to try to force him to sell a non-existant automobile? I don't understnad what you are trying to accomplish. Just like ordering a book from Amazon: You place the order, then a day or so later they notify you the item is out of stock. It happens. ADDED: OK, here's the thing. He may very well have locted the car on the computer. But inventories on the system don't update immediately. It could have beena car that had a deal pending at the other dealership, or one that had already been sold but not ROS'd in the system. In any case, the car does not exist. Why would he walk away from a sale if htere was a sale to be made? You seem to think he has done you wrong, or that he is lying about the car not being there. car salespeople exist to make sales and get comissions. If there was a deal he would make it. What do you think there is for him to gain by NOT selling a car?? So the car is not there. There is no deal to be made. You will get a refund and move on. I still do not understand what the problem is, or what you hope to achieve. You say you "still want the car". Its not there. Its not for sale. Its gone. Just like my size 30 waist, it is but a memory and unlikely to return.
2. If he returns the money, he can. You haven't paid him in full, or taken receipt of the title. The deal is no where near completion, it's barely even started. So yes, he can absolutely cancel. Wanting the car is great, but if he can't find one, that's not his problem. Want something else.
3. So what is it you want to do? Force him to find you a car he can't find? Of course he can cancel, he has no merchandise to sell you. Get your money back and move on.
4. OK so he can't locate a 2009 model. The 2010 models are already out. They have stopped making the 2009 and what's left is all there is. How do you expect him to follow through with this deal if there are no 2009 model cars to sell you? Get real. Buy a 2010 or find a used '09.