First time lease in California. Settled on a price with a dealer over the phone 100 miles away. The car is in transit and is going to arrive to their dealer in a month. I paid the 2000 DAS with credit card and they said the “car is locked in” and sent the paperwork with FedEx so I can sign and return to finalize the deal. Had a change of mind and was wondering if I don’t sign the papers and tell them I changed my mind, will they allow this and give back the DAS? First time leaser, sorry for the weird question. Thank you.
As long as you have not signed yes
Deposits are refundable in CA
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Also don’t ever give a dealer $2000 when $500 will suffice…
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In California the deal isn’t legally done until you’ve driven the vehicle off the dealer’s property, and deposits are refundable.
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Unless this is Frontier with $150/m payment and possible lease extension…LOL
For real…?
That’s the definition of “taking delivery,” as has been explained to me several times.
I once asked if I could do the paperwork and return the next day to get the car (I go car shopping alone and rarely do a trade-in), and I was told that they’d be happy to store the car for me for up to a month…
… but after signing the papers/before leaving that day I’d have to drive the car onto a public street and then return it to their lot for storage.
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Yes I agree, I had to do this when a Due Bill had some things to add on. They made me drive off, and return the car 60 seconds later to put into the service lot (I believe it was Tint)
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I believe the applicable California law is Vehicle Code 11736, which states:
It is unlawful for any dealer licensed under this article to do any of the following when brokering a retail sale:
(a) Fail to execute a written brokering agreement, as described in Section 11738, and provide a completed copy to both of the following:
(1) Any consumer entering into the brokering agreement. The completed copy shall be provided prior to the consumer’s signing of an agreement for the purchase of the vehicle described in the brokering agreement or, prior to accepting one hundred dollars ($100) or more from that consumer, whichever occurs first.
(2) The selling dealer. The completed copy shall be provided prior to the selling dealer’s entering into a purchase agreement with the consumer.
(b) Accept a purchase deposit from any consumer that exceeds 2.5 percent of the selling price of the vehicle described in the brokering agreement.
(c) Fail to refund any purchase money, including purchase deposits, upon demand by a consumer at any time prior to the consumer’s signing of a vehicle purchase agreement with a selling dealer and taking delivery of the vehicle described in the brokering agreement.
(d) Fail to cancel a brokering agreement and refund, upon demand, any money paid by a consumer, including any brokerage fee, under any of the following circumstances:
(1) When the final price of the brokered vehicle exceeds the purchase price listed in the brokering agreement.
(2) When the vehicle delivered is not as described in the brokering agreement.
(3) When the brokering agreement expires prior to the customer being presented with a purchase agreement from a selling dealer arranged through the brokering dealer that contains a purchase price at or below the price listed in the brokering agreement.
(e) Act as a seller and provide brokering services, both in the same transaction.
(f) Fail to disclose to the consumer and selling dealer, as soon as practicable, whether the autobroker receives or does not receive a fee or other compensation, regardless of the form or time of payment, from the selling dealer and the dollar amount of any fee that the consumer is obligated to pay to the autobroker. This arrangement shall be confirmed in a brokering agreement.
(g) Fail to record in the dealer’s autobroker log, for each brokered sale, all of the information specified in subdivision (c) of Section 11735.
(h) Fail to maintain for a minimum of three years a copy of the executed brokering agreement and other notices and documents related to each brokered transaction.
(i) Fail to advise the consumer, prior to accepting any money, that a full refund will be given if the motor vehicle ordered through the autobroker is not obtained for the consumer or if the service orally contracted for is not provided.
Didn’t see where “delivery” is defined as driving off the dealer’s property.
Not denying that that is how @trism’s and other customer dealers have defined it, just questioning whether there is any legal reasoning behind this practice.
I’m not a lawyer but from my understanding in most states it’s either a done deal when:
- The contract is signed and counter signed by the parties
- The contract is signed but one party has not yet taken delivery.
Just purchased a car in December from CA and was told it was reversible until I picked up the car from the dealer, but needed to pick it up before the end of the year for tax reasons.
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