Urgent question about buying a car from Car Max

[You Need a Thneed]

Originally Posted by Tron_fdc

Unfortunately, IIRC intoxication doesn't count. It refers more to mental capacity, or legal age of consent.

Intoxication absolutely counts.

[Raekwon]

Originally Posted by Tron_fdc

I can't believe I just looked it up.

For insane or drunkenness, the contracting party must recognise the other parities incapability in order for it to be enforceable. The onus is on the person claiming to be insane or drunk that the other party knew and took advantage of them. In both cases once the incapable party becomes capable they must repudiate the contract immediately. Failure to do so legitimises the contract.

lol yeah I also looked it up, I stand corrected. Its been a few years since I took that course.

[Cecil Terwilliger]

Well hopefully the crazed car salesmen doesn't phone your friend 96 times in the next day demanding that he show up to pay for his cake...er I mean car.

[Rerun]

Originally Posted by Table 5

I think we can see why you're friend has bad credit.

Ya tell me about it... 22 years old and doesn't have a clue on how the world works.

Apparently he got a credit card at 18 and maxed it out in one month and has never made a payment on it... needless to say its on his credit record and will probably remain there for some time.

[Tron_fdc]

Is he on Ritalin like all the other kids his age? If he is, use that. He's legally incapable of signing a contract based on a mental condition.

If he's not, maybe get him some.

[puckluck2]

Originally Posted by Erick Estrada

Nothing to worry about then. Your friend should simply stop answering their calls. The dealer won't persue as they have nothing outside of trying to bully a customer into something they don't want to do.

On another note would you mind PM'ing me your friend's information for when I have to sell off one of my cars?

He told you his friend didn't know what he signed and you think they can do nothing?

If what he signed states he can't back out then he can't back out and there are ways for them to enforce their contract.

You shouldn't really give advice when you don't even know the facts.

[Rerun]

So.. I told the guy to call up CarMax and have them fax me all the paperwork, that he signed, so I could take a look at it. Apparently the salesman said there is no paperwork because you haven't bought anything yet.....

...end of story... told the guy to tell CarMax to stop calling.


Bull**** used car salesmen.... lower than pond scum.

[AR_Six]

Meh, probably an isolated incident. I did something similar at one point - I signed some financing stuff and put down a pretty sizeable deposit on a vehicle before waffling and changing my mind to the other one I was considering. Dealership was very nice about it and refunded my deposit on request. No problems. For most of these guys it's not worth trying to sucker people.

[puckluck2]

Originally Posted by Rerun

Bull**** used car salesmen.... lower than pond scum.

Are you sure this is your "friend"?

[Olao32]

Originally Posted by Iginla

He told you his friend didn't know what he signed and you think they can do nothing?

If what he signed states he can't back out then he can't back out and there are ways for them to enforce their contract.

You shouldn't really give advice when you don't even know the facts.

As discussed in prior posts, assuming the criteria for an enforceable contract were not met (i.e. consideration), then the contract will not stand up in court.

So, yes, he can back out.

[Rerun]

Originally Posted by Iginla

Are you sure this is your "friend"?

Not really a friend. Just a guy who works for the same company I do.

The poor kid was worried sick that he was stuck with a 2010 Hyundai Elantra that cost $14000 and he would be paying on it for the next 5 years at $500 per month.... all this on $19.00 per hour pay.

Apparently the car salesman was really coming on real strong and insisted that the deal was done and there was no backing out.

Not sure if he was more scared of the payment amount or his dad finding out what a stupid thing he'd done.

[Rerun]

Originally Posted by AR_Six

Meh, probably an isolated incident. I did something similar at one point - I signed some financing stuff and put down a pretty sizeable deposit on a vehicle before waffling and changing my mind to the other one I was considering. Dealership was very nice about it and refunded my deposit on request. No problems. For most of these guys it's not worth trying to sucker people.

I think that dealerships operate on different principles than used car lots like CarMax.

[DropIt]

Originally Posted by Iginla

He told you his friend didn't know what he signed and you think they can do nothing?

If what he signed states he can't back out then he can't back out and there are ways for them to enforce their contract.

You shouldn't really give advice when you don't even know the facts.

Ahh. The 'No Takes-Backs Clause'. I hate when they stick those in there.

[Sopure]

Originally Posted by Rerun

I think that dealerships operate on different principles than used car lots like CarMax.

They do.

Tell your friend to call the salesperson at Carmax and tell him to fax over everything he's 'signed'. Also have your friend tell him that he needs the documents in order to open up a case with AMVIC.

At that point, the salesperson will probably crap their drawers, as AMVIC (Alberta Motor Vehicle Industry Council) generally sides on the side of the consumer.

Also, did he leave a deposit on the vehicle? Was he approved for financing? It's not only unethical, but it's illegal for the store to sell a vehicle to a client that is outside their budget. Depends if the sales consultant is part of the problem, or part of the solution.

Franchised dealerships are quite different than 'Carmax' and other pot lots. We've only ever had a few interactions with AMVIC at my store (and it sure as hell wasn't due to high-pressure sales tactics or strong arming people into vehicles they don't want to buy). Bigger dealerships seem to not want the pain in the ass, so they'll just refund the money and move on, even if there was an iron-clad purchase agreement or Bill of Sale.

At the very worst case scenario to the customer, we may keep a portion of their deposit IF they buy a car, sign, shake, give deposit, get approved for financing, we get the car all ready to go, apply 3M, paint protection, blah blah blah, have the car sitting out front all shiny for their pickup, and they call and cancel for no apparent reason. But I think anyone with good business sense would agree something like this is perfectly acceptable, even AMVIC does. We're out money and in the red, at that point.

[blankall]

Originally Posted by Rerun

Not really a friend. Just a guy who works for the same company I do.

The poor kid was worried sick that he was stuck with a 2010 Hyundai Elantra that cost $14000 and he would be paying on it for the next 5 years at $500 per month.... all this on $19.00 per hour pay.

Apparently the car salesman was really coming on real strong and insisted that the deal was done and there was no backing out.

Not sure if he was more scared of the payment amount or his dad finding out what a stupid thing he'd done.

5 years at $500 per month works out to $30,000.00 that is a crazy interest rate.

[Log]

Originally Posted by blankall

5 years at $500 per month works out to $30,000.00 that is a crazy interest rate.

Not sure if I used the wrong calculator, but that works out to 35% interest.

No wonder they wanted him so desperately to buy the car!!!

[longsuffering]

Originally Posted by Rerun

So.. I told the guy to call up CarMax and have them fax me all the paperwork, that he signed, so I could take a look at it. Apparently the salesman said there is no paperwork because you haven't bought anything yet.....

...end of story... told the guy to tell CarMax to stop calling.


Bull**** used car salesmen.... lower than pond scum.

Too bad Pylon isn't around to respond to this.

[blankall]

Originally Posted by Log

Not sure if I used the wrong calculator, but that works out to 35% interest.

No wonder they wanted him so desperately to buy the car!!!

Now that I think about it, the OP must have meant his co-worker would have been paying $500/month including car payments and insurance.

[bizaro86]

Originally Posted by blankall

5 years at $500 per month works out to $30,000.00 that is a crazy interest rate.

Just quick math, but isn't that 35%?!?!

What's the limit in Alberta?

[Log]

Originally Posted by blankall

Now that I think about it, the OP must have meant his co-worker would have been paying $500/month including car payments and insurance.

That's gotta be it.