Just filed a formal compaint with Toyota.

 

yes, you're correct a check is not actual legal tender...I guess I did not express my thought correctly.

A check is "a promise to pay" but when a check is provided as payment for an item it is reasonable to consider it sold...I would consider the transaction for goods to be complete at the time a check is provided not when the check is cashed.

I hand you a check for a shoe for $10, at that time you consider the shoe sold and I consider it purchased and payed for. I guess this is what I was trying to get across. You don't treat the transaction any different than if I had given you a $10 bill.

So, as I was trying to say for all intensive purposes a check is the same as cash as both parties consider a transaction complete at the time the check or cash was provided.

So therefore just because the dealer waited to cash my check does not negate the purchase.

 

anybody have any suggestions for places I can post about my experience so that people know to stay away from this dealer?

 

Do a google bomb. Have a lot of people with websites to link to this thread. In the link name you should put the name of the dealership. i.e. Name of Dealership

Then when they search for that dealer on google, they'll get this thread at the top of the list if enough people make the link. Kind of childish, but fun anyway.

 

I'll throw it on my blog in a bit, The link is in my Sig

 

how do I do this?

 

I just explained it...

 

Put this HTML code on a website. Multiple websites must be used in order for it to work. The more people linking, the higher on the page it will go.

Metro Toyota in Cleveland

 

got it thanks

 

Your logic seems correct, however the law is clear. The check being cashed is the point of acceptance.



If they processed your deposit, it does not matter whether they cashed your check. But you also need an agreement. An offer to purchase, is different from a contract to purchase. At some point you must have seen an actual contract to purchase, which you would have to sign, and then the dealership would need to sign for any of this to be binding. I am guessing you sent back the formal contract with your checks, since you, nor your bank would have sent money without a formal contract, correct? Was that formal contract ever signed by the dealership in question? ( i am also guessing not ) They took the deposit, they agreed to a price, did they ever sign a purchase contract? If you are trying to rely on an offer sheet as a contract, then you would have a "contract" with no clauses, which would leave either party free to do whatever they wish. If there is no signed contract cut your losses now. Regardless of anything else you will not win.

Obviously laws vary state to state but I believe you need to meet the three requirements just about anywhere.

Agreement to purchase, money to change hands, and signatures. You could argue missing any one of these, but it will be a tough battle.


chris