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For one thing, you are in a different country (m) (archive)

[ Follow Ups ] [ 3-series (E46) Message Board ] [ Msg. Board FAQ ]

Posted by Carl on January 24, 2000 at 08:59:13:

In Reply to: Signed Contract - legal matter posted by James Ontario on January 23, 2000 at 23:39:19:

than where I am trained to give advise (US). Here in the US, you would still have a contract (oral), but it would probably be unenforceable under the Statute of Frauds because it is not signed by the party to the contract. Note that the contract falls under the Statute of Frauds (requires a legal writing) because the goods are for $500 or more. You should read your contract carefully to see if it even provides that the downpayment can be retained by the dealer and under what theory (e.g., liquidated damages, etc.). It sounds like you have a real jerk as for a dealer. I hope this helps a little, but I wouldn't rely on it since you are in a different legal system.

: On the purchase agreement, the PURCHASER is my spouse BUT the Purchaser's Signature is ME. ( I signed by mistake and the salesman didn't notice it)

: According to my attorney, this is NOT a binded contract. Agree ? I would like further opinion.

: I consulted a lawyer because the dealer wouldn't return my $1000 deposit. I canceled my 323 order because its taking too long. I needed a car fast.....actually I needed a BMW fast !!!

: Thanks in advance.




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