2. Price Change
-if the trade in vehicle is reappraised
-if for some reason the state requires new features on your car
-or if there is a state/federal tax change
you can CANCEL the purchase and get a full refund if one of these occur.
3. Manufacturers Design Changes:
If you order a vehicle from the manufacturer and the manufacturer updates the design of the vehicle or an accessory the dealership is not responsible for making any updates...this is because the manufacturer and dealership are separate.
4. Your Representations and Warranties:
Don't order a new vehicle for resale or export.
Dealerships have agreements with their manufacturers, and they want to make sure that YOU are complying with them, specifically in this case to not sell the car within one year of you receiving the title to resale or export.
5. Your representations regarding trade in vehicle:
Car must be titled to YOU OR documents to Obtain Certificate of Title
Has never had a total loss, salvage, junk, reconstructed, rebuilt, flood, lemon, buyback vehicle or any other title brand on its title
You have the right to sell the vehicle
Free of liens or any other charges
emission control equipment is on the vehicle, undamaged and properly connected
You can't remove any equipment from the vehicle after the appraisal (ex: radio or rims)
Odometer is correct
To the best of your knowledge
Original airbags
No deployed or disconnected airbags
Reported Prior damage
Reported prior use (assuming they're talking about as rental or fleet)
Reported paintwork damage
Reported modifications or any other mechanical defect
6. Trade-In Vehicle Pay Off:
They will pay you the difference if the amount owed on your trade in is less than what is stated on the RPG. If the amount is greater than you owe them.
7. Our Appraisal of your trade in vehicle:
If the days are different where you actually take delivery of the car and your trade in vehicle is appraised.... on the day where you take delivery of your new car the dealership can reappraise the vehicle and if you don't agree with the new offer, you can CANCEL THE PURCHASE.
8. Remedies Upon Cancellation:
If something like an accident or fire occurs involving your car before you take delivery, you can get a full refund.
If your trade in vehicle has not been sold you can have it back, but if something is wrong with the car after they return it you can't do anything about it
The trade in credit toward the new car will be refunded to you and if the dealership has paid the lienholder off for your car you will now owe them that money they paid.
The dealership has the right to pay off the lean with any deposit or down payment made toward the new vehicle. If You still owe more, you agree to pay the dealership and if they owe you money dealing with the trade-in they will pay you.
9. Purchasers Default and Dealership Remedies:
This what happens if the dealership does not receive the money for the car
Cancel the Retail Purchase Agreement
Reposes the vehicle without notice (varies by state)
Cancel the sales transaction
Seek collection for amounts due
Will keep the down payment made
Sell your trade in vehicle to pay off the debts of the car you defaulted on.
10. Other Products and Services
This section is letting you know dealership's buy warranties and other goods and services and sell them to you for more to make a profit.
For example, I bought a $2,000 service contract that I was not required to buy that didn't even cover any important components. Before I added the sales manager made sure I knew it was optional and explained what it covered but with my zero knowledge on car parts I had no clue what he was saying it covered and just added it on to my financing because I was scared of buying a car with no WARRANTY. It is also letting you know that dealerships receive commissions or other forms of payments when selling you additional goods and services and that you are not required to choose a specific lender for your financing.
11. Dealer Assisted Financing:
This section makes sure you know they are not looking out for your best interest in finding the best rate.
If you use a lender through the dealership, they CAN give you a loan that serves them best. Meaning a loan with a higher interest rate or a loan they receive commissions from.
12. Governing Law:
The terms are governed by the state listed on the document/ state of the dealership you're purchasing your car from.
13. Limit on Damages
You can't sue the dealership in these situations
consequential damages- failure to meet a contractual agreement
damages to property
damages for loss of use
loss of time, profit or income
or any other incidental damages
14. Conditional delivery agreement/Limited right to cancel
States that even though you are in possession of your new car, there are certain things that are not complete yet and that there is a possibility your trade in vehicle might be sold and the terms of for your new car might fall through (read conditional spot delivery for more on that).
15. Agreement to arbitrate
1st paragraph- Arbitration is an alternative to court. You can't sue for any agreements you've made unless federal law allows you, but you can file a complaint with the office attorney general of the state or BBB. Go to adr.org to get rules of arbitration.
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