Consumer Rights?

Hopefully I get to expose these clowns later on to everyone here so they dont get a single ducati sale again. Left a nasty taste in my mouth about the brand since Ducati should be taking care of these dirty dealers ruining their name. Other people seem to have bad experiences about the dealer if you search their name.
 
Technically, it should say somewhere on the bill of sale that it's subject to finance approval. Whether it says deposit is refundable or not is irrelevant, obviously it doesn't hurt though.

Have you finalized anything with the bank/finance company? Did they give you information regarding the term? rate? monthly payment? Just because you signed the bill of sale, it doesn't mean you're locked in. Whether they gave you 3% or 29.9%, $100 or $500/month, it is up you to determine what is affordable. You are in no way locked in unless you signed and accepted the finance terms and conditions and even then, you can still cancel but obviously at this point you'd be giving up your deposit.

If this was a cash purchase then the dealer is correct. You are obligated to pick up the bike or you forfeit your deposit. They can send you a registered letter and take you to court (do-able but very unlikely) but they'll probably sell the bike 10 times over before any of that happens. At this point, it's just a way of locking you in when in reality, you have every right to cancel.

I PM'ed you my #, I'd be more than glad to talk it over and give you any advice I can. Call me.

Whether it is a home-purchase or anything that requires signing paper, if I am on the fence, I always put in conditions with wordings like "based on the sole satisfactory of the buyer". you can pretty much throw anything in front of this such as financing, inspection, etc.

BTW, Mina's awesome :)
 
........... said he will be sending me a registered letter with a court order of paying the loss/difference if the bike does not resell for X dollars again...........

A court order............ sure. What a joke. This is just rank intimidation. I guess you can kiss your deposit goodbye. This sounds like a real class outfit. Not GP, then it kind narrows down the options I think. Do they sell BMW bikes as well?
 
Spill it you pussy. Social media makes companies backpedal real fast.
**** what happened to the swear filter?
Pig...? **** the police...?
 
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Out the dealer. Back peddling after they are caught is not enough. They have to know not to try it in the first place.
 
Its Peninsula Imports. Looking at their reviews, they got some horrible reviews.

Just called Ducati North America and the customer service rep states this is unheard of and I will contact this individual and let me know. Ducati Italy (headquarters) will also be calling me tomorrow hopefully as I told them about this post.

This guy thinks he's a badass or something and able to get away. Apparently they got bad reviews with other dealerships also.. Cant mention who because the individual told me our of secrecy since theyre not suppose to talk ill about other ducati dealers.
 
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Ducati north america customer service rep just told me, there doesnt seem to be anything he can do about it after the bill was signed with a deposit.

Now lets see what italy says, I will try contacting OMVIC again after I get the dealers registered letter and see their opinion if hes threatening me.
 
They only have 2 bad reviews on Facebook and they're both from over a year ago. Get on it! lol
 
Legally who is correct?

Yes it is a dick move by dealership but who has the law behind them in this case? Mina? Any thoughts?

In laws sold their house, financing was not a condition of sale. Buyers having hard time with it, but as I see it - too bad, so sad. You signed a contract. Lawyers see it the same way...
 
Reading this again though you applied for a loan on a lower priced bike that you didn't want to see if you qualified and the sales guy said the deposit was refundable. You could see whether small claims under $500 might help you...if you were mislead into signing a contract for a non-refundable deposit you could argue that point. The sales guy would have to commit perjury to state that the deposit was non-refundable at which point you could say "why am I here then if you said that". It's a weaker argument than if something was actually in writing but you might get a sympathetic hearing if you come across as financially savvy otherwise. Next time you might want to switch on your phone's voice record function as that would stand up much better.

$500 is no small chunk of change, I'd be ****** too.....but I would have walked away before all this.
 
Lesson here is don't sign anything until you are actually buying something (price agreed upon and everything to your satisfaction.) If I was ever asked to sign before the deal was done I would refuse and walk away.
 
From a legal standpoint, the dealership is in the right.

isnt there a law that says a contract is only valid if none of the party was misleading? I think just having a signature isnt enough. But ofcourse the dealer will lie and say none of what the OP said happened.
 
isnt there a law that says a contract is only valid if none of the party was misleading? I think just having a signature isnt enough. But ofcourse the dealer will lie and say none of what the OP said happened.

Exactly. How can you really prove that he was mislead?
 
Mina is correct on all points. Legally, the dealership has a signed contract with a deposit, and there is nothing to indicate the deposit was refundable. As for the OP being mislead, we have heard only one side to this point, (not saying he wasn't), but he can't prove he was mislead as it was all verbal, and nothing was written so it is a he said she said stalemate.

I feel for you OP, but you have learned a very valuable lesson. Sign nothing and give no money until all conditions are listed if as Mina says it is normal procedure for qualifying for a loan then ensure it CLEARLY states IN WRITING on the actual contract, that the deposit is 100% refundable if financing is not approved. If the next dealership won't accept those terms as set out by you, then walk away and go to a dealer who will.
 
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