Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

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Doc7
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Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

Hello,

On Saturday I let my emotions get ahead of me. I put down 50% (with intent to pay off completely in 3 months), on a used vehicle approx $30K total purchase price.

I signed all paperwork, financing, titling and registration paperwork etc. Being clear here, because I think this was boneheaded given the further information I am going to provide, but I want post-repliers to understand the situation fully in case the answer is “At this point, pound sand.”

I started the process despite the car lot not being able to locate the car keys because I became emotionally invested in the vehicle, after shopping since 2018 for this model vehicle (Tundra < 100K miles) and waiting for Price, Funds to pay in cash or < 12 months, and Availability to intersect at the same time.

I crawled around under the vehicle for upwards of 30 minutes and was very impressed - I have never bought a car that had never been previously titled in the NE USA, and was shocked and excited at the lack of rust on a 9 year old vehicle.

I went down the process of “just do some paperwork” pending a future test drive, but fully believe I have done 100% of the paperwork required to get in the vehicle and drive home with it.

It is now 4 days later and dealership still has not located or manufactured new car key, and without car key have not replaced the windshield which is the only thing on the We Owe paperwork.

Concerned that they may call me that the key and windshield are ready, and I show up and the car smells like a dead skunk ash tray inside, or has squeals, shimmies and shakes.

Salesman and I have been discussing the windshield and key timeline, and I recently texted this:

Ok. Are you able to put in writing a we owe that says “satisfactory test drive prior to delivery” to cover seeing the vehicle interior and running/driving for the first time tonight? I know it was not on the We Owe from Saturday but as I have not taken delivery of vehicle I think we can work something out to cover all parties .“


Do you have anything to advise me here?
Parkinglotracer
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Parkinglotracer »

I would show up and test drive it. If something was out of order or out of odor I would expect them to fix it. If they can’t fix it then I would tell them the deal is off and expect your money back (that is without knowing what you signed). When putting down a deposit I put down the smallest amount possible so I don’t have as much to lose if things go astray.
Topic Author
Doc7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

Parkinglotracer wrote: Wed May 15, 2024 12:49 pm I would show up and test drive it. If something was out of order or out of odor I would expect them to fix it. If they can’t fix it then I would tell them the deal is off and expect your money back (that is without knowing what you signed). When putting down a deposit I put down the smallest amount possible so I don’t have as much to lose if things go astray.
I am fairly certain I signed each piece of paperwork it is possible to sign in a car purchase transaction.
bd7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by bd7 »

Doc7 wrote: Wed May 15, 2024 11:34 am Do you have anything to advise me here?
Find a copy of the movie "Suckers" and watch it. Maybe Glengarry Glen Ross as well.

Is this a franchised dealer or some used car lot? Have you run the VIN on CarFax? Was there an explanation for the vehicles condition (keyless and broken windshield) such as "we just got it in"?
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Doc7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

bd7 wrote: Wed May 15, 2024 3:13 pm
Doc7 wrote: Wed May 15, 2024 11:34 am Do you have anything to advise me here?
Find a copy of the movie "Suckers" and watch it. Maybe Glengarry Glen Ross as well.

Is this a franchised dealer or some used car lot? Have you run the VIN on CarFax? Was there an explanation for the vehicles condition (keyless and broken windshield) such as "we just got it in"?

This is one of the biggest Toyota lots in the region. Right off I-95, giant, and by all accounts from word of mouth very reputable. It is not a private back alley lot, it’s a premier Toyota dealer in a large complex of franchised dealers.

VIN checks out good and carfax is excellent. No evidence of repaint and all seams, gaps, and clearances around entire body are even and square with no signs of re-work or past collisions. No explanation of windshield and key was explain as being in a technicians toolbox when I visited Saturday 0900 (vehicle was posted on Thursday PM on auto trader).
one_speed
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by one_speed »

Doc7 wrote: Wed May 15, 2024 3:10 pm
Parkinglotracer wrote: Wed May 15, 2024 12:49 pm I would show up and test drive it. If something was out of order or out of odor I would expect them to fix it. If they can’t fix it then I would tell them the deal is off and expect your money back (that is without knowing what you signed). When putting down a deposit I put down the smallest amount possible so I don’t have as much to lose if things go astray.
I am fairly certain I signed each piece of paperwork it is possible to sign in a car purchase transaction.
What is the date ownership transferred? Any deadline on this "we owe" list you reference?
Nussbus
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Nussbus »

Was the car sold “As-is”? Sorry OP, seems like you have bought the car regardless of the surprises awaiting you when you get the key. I think the only way you can renege on the deal is if you didn’t get the keys and/or they didn’t fix the windshield.
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RickBoglehead
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by RickBoglehead »

I can't imagine buying a vehicle I hadn't driven.
Avid user of forums on variety of interests-financial, home brewing, EVs (1005 EV), etc. Enjoy learning & passing on knowledge. It's PRINCIPAL, not PRINCIPLE. I ADVISE you to seek ADVICE.
bd7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by bd7 »

Doc7 wrote: Wed May 15, 2024 3:18 pm This is one of the biggest Toyota lots in the region. Right off I-95, giant, and by all accounts from word of mouth very reputable. It is not a private back alley lot, it’s a premier Toyota dealer in a large complex of franchised dealers.

VIN checks out good and carfax is excellent. No evidence of repaint and all seams, gaps, and clearances around entire body are even and square with no signs of re-work or past collisions. No explanation of windshield and key was explain as being in a technicians toolbox when I visited Saturday 0900 (vehicle was posted on Thursday PM on auto trader).
You're probably OK, but I'd still be careful. It's possible someone else wants the vehicle and there's an internal issue in the dealership over who sold it to who. I wouldn't worry too much, but that's probably a highly in-demand vehicle.
Topic Author
Doc7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

RickBoglehead wrote: Wed May 15, 2024 4:09 pm I can't imagine buying a vehicle I hadn't driven.
In retrospect I can’t either. I should have walked away and said I’ll be here 90 minutes from when you call me telling me the key is located, and take it to my mechanic for a PPI. In the moment, I told myself people in 2024 are buying vehicles from halfway across the country on a phone app every day.
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StevieG72
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by StevieG72 »

You are probably over thinking potential problems.

How many miles are on it?
Fools think their own way is right, but the wise listen to others.
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Doc7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

StevieG72 wrote: Wed May 15, 2024 4:32 pm You are probably over thinking potential problems.

How many miles are on it?

89K

My intent is to drive once a week to warm up the oil (40 miles each way to work) and occasional recreational use, with hope of a half dozen drives from VA to WY over the next decade.
Parkinglotracer
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Parkinglotracer »

Doc7 wrote: Wed May 15, 2024 3:10 pm
Parkinglotracer wrote: Wed May 15, 2024 12:49 pm I would show up and test drive it. If something was out of order or out of odor I would expect them to fix it. If they can’t fix it then I would tell them the deal is off and expect your money back (that is without knowing what you signed). When putting down a deposit I put down the smallest amount possible so I don’t have as much to lose if things go astray.
I am fairly certain I signed each piece of paperwork it is possible to sign in a car purchase transaction.
Congratulations - I bet you will enjoy the car. Most the time our mind wanders to worse case events - I bet you will be fine. Let us know.
Nowizard
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Nowizard »

There are generally laws allowing return of purchased vehicles within a set time period such as three days after sale. One question if this exists is when does the sale legally occur, when paper work signed or delivery taken.

Tim
eri
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by eri »

The one time I bought a used car from a dealer it was late and I’d done all the payment and paperwork, they had a few things to fix and I was going to come get it in a few days. the dealer insisted that I drive it around the block to ‘take delivery’.

Maybe not true but they said Washington state law required the post purchase drive for sale to be complete.

Anyway: read up on your state car dealer laws.
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bottlecap
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by bottlecap »

I can't make any sense of your text - it's seems like Greek. But I'd take a test drive once it's possible and address any issues then. Your state may also have a statutory period during which you can return the vehicle once you take possession. I'd check your state law.

Good luck,

JT
vfinx
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by vfinx »

I don't see much harm in testing the dealership and respectfully asking for your deposit back and the sale to be canceled. They probably haven't filed anything yet. Worst they can do is say no. What will likely happen is that this request will suddenly produce the new / found keys as it adds some urgency to the process.
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Doc7
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by Doc7 »

I got the truck last night and am very satisfied!

Salesman did take 20 minutes to find the keys again, and texted me later last night (930 PM) to say they have another paper for me to come by and sign when I can!

Really strange process for a major dealer.
btenny
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Re: Vehicle Contract for Vehicle on Lot, Not taken Delivery yet

Post by btenny »

Car dealers often have cars on their lots that can be sold but not delivered due to title leans and paperwork issues. Cars with a outstanding loan that are traded in on new cars fit this situation. Lease returns fit this situation. And cars from many other situations. So this is why dealers have serious finance and accounting departments. These money people ususlly have safes where they lock up car keys to prevent sales people from delivering cars with pending title and paperwork issues.

I suspect your car was in this limbo situation. That is why your sales person could not "find" the keys. They were locked up in the finance safe. ANd it took the finance people 2-3 days to get a clear title on the car so the dealer really owned it and could then sell it to you.
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