whats up /adv/
need legal help
SWIM put a deposit on a vehicle to hold it while SWIM needed to get their stipulations together for financing an auto loan and also didn't want it sold to someone else. SWIM was told verbally that the deposit was non refundable, but that there was an approval already so the salesmen said "It doesn't matter about being refundable or not, we got you an approval. Get your stipulations to support your credit application and you'll get the car"
SWIM came back to get the vehicle, however when the credit application was submitted, the income showed $3000 monthly. Only about $1000 was provable once bank statements/paystubs were provided. This was a sub prime loan so all of that was neccesary. SWIM signed a credit application saying they made $3000 monthly.
The dealer offered to refund about $400 since the vehicle was taken off the market for some time and they missed out on sales and what not, however SWIM declined that and wanted the full amount.
What ground is there on this? is SWIM entitled to a full refund? The dealer is insisting they said no refunds and they are also saying they have a sign in the show room stating that there are no refunds unless stated otherwise.
If it helps, this is in Texas.
>pic unrelated
>>18077663
Absolutely NOTHING ever said orally or promised by a salesman has any legal binding power. ONLY things in writing - and if there is indeed a "No Refunds" sign there, the salesmen have no power to counter it and it trumps anything they say.
It's a hard lesson to learn but an essential one. It applies to all situations, not just cars.
(Now, if you still want to deal with these guys, they'd probably let you apply the full deposit to a different car.)
>>18077773
So if SWIM decides to go the legal route, due to the sign in the show room there will be no ground to get a refund?
>>18077959
The fuck is SWIM?
>>18077978
Someone who isn't me
>>18077663
1st why are you using SWIM? this seems pretty legal
2nd
>SWIM put a deposit on a vehicle to hold it
this was a terrible idea, and I would advise you to consult family/friends who have made similar purchases before making a large purchase
http://consumer.findlaw.com/consumer-transactions/customer-returns-and-refund-laws-by-state.html
did you sign a contract?
>>18077663
>SWIM
Is it 1997 again?
>>18078098
Just felt like it was necessary to use.
Only thing that was signed was a credit card receipt. SWIM tried to get the cc company to refund it, however they didn't think it was justifiable and closed the claim.