cancel phenumatic tank order

Discussion in 'Oilfield Trucking Forum' started by joe66, May 27, 2015.

  1. joe66

    joe66 Bobtail Member

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    Jan 28, 2012
    san antonio texas
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    i place an order for a pheunatic tank back in january and by the end of february i decide that i cant no longer afford to buy this trailer so i cancel since then the seller been giving us the round around to return the downpayment even try to sell me a dump truck but with the same vin as the pheumativ tank are there any laws that can protect me?
     
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  3. bigdogpile

    bigdogpile Road Train Member

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    fontana ca
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    Ummm,,Do you have everything in writing?..Even if the law says he must pay you back, he could still refuse..Sometimes only court prescedings will get people to act right
     
  4. TAfool

    TAfool Medium Load Member

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    The down payment is there to protect the seller in case the buyer backs out of the deal. Usually the down is forfeited . That way the seller is not stuck with a trailer in inventory that he had to pay for and is able to offset the costs of this trailer he never intended to stock. If your down payment was sizable you may be able to recover a portion of it.

    Laws vary by state so its best to consult a local attorney not a message board read by clowns and fools.

    TAfool
     
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  5. truckon

    truckon Swamp Thing

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    What exactly do you think a down payment is ?
     
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  6. 315wheelbase

    315wheelbase Heavy Load Member

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    See a lawyer a down payment is different from a deposit,,it all depends on the contract you signed with the dealer,,If the trailer has not been built yet, it should be easy to cancel the order,,it might depend on if the dealer paid a deposit to the manufacture,,best you see a good lawyer,,suggest a law firm with several partners rather that a one person law firm.
    If the dealer has not been financially harmed things should go on your side,,also most sales deals depend on your credit and if a lending organization will approve the loan for the balance,since the down turn in frac sand hauling the lender may find that financing a trailer intended to work in the oil fields is too risky a loan,,See a l good lawyer,
     
  7. chalupa

    chalupa Road Train Member

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    Pneumatic tank is a boat anchor right now and prolly worse later. Good call not to buy and bad call to order this past Jan. Things were already headed south in a hurry.

    Read your contract and follow it to the letter. That's what the dealer will do. The written word is god, everything else is BS.

    Lawyer prolly charge $250 to look it over and make a nasty call but I wouldn't yet. Talk to dealer and ask for DP back. Don't antagonize dealer either and string him along . Tell him your out and want DP back. He says no then hire lawyer to look at contract and go from there.

    Good luck
     
  8. bigdogpile

    bigdogpile Road Train Member

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    May 16, 2010
    fontana ca
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    So clowns and fools dont know what they're talking about? Maybe not
     
  9. joe66

    joe66 Bobtail Member

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    Jan 28, 2012
    san antonio texas
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    the deal was with the manufacturer and it was a deposit and i did cancel on time before they manufacture the trailer but a few days later after cancel they said it was finish that i cant cancel so they somehow convince my partner to then consider changing the order to a dump trailer so we did and they send paperwork saying it was ready so i went ahead and get financing for the 28 k that was left on the note but before signing anything i went and recheck everything and the vin number sems familiar so i check my emails and found that it was the same vin they was to use in the phneumatic trailer so i went and check wiht factory and their manager told me that it was a mistake that my trailer wasnt finish that it will take 3 more weeks
    so i decide to cancel
    now they only want to refound 50 %
    thank you for your input
    thank you all
     
  10. georgeandson

    georgeandson Heavy Load Member

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    Feb 18, 2011
    1 mile down the road.
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    You probably ordered a steal trailer for OXACA? the sand trailer company out of Mexico???
    You will need to contact a lawyer right away. The more you wait the worse it will get.
    You can also contact the state attorney general office were the dealer is located (Texas if my guess is right).

    YOU NEED TO PAY A LAWYER to get involved if you want your money and if you want these people to take you seriously.
    You can get your money back. You have not taken delivery of the product and the product is not done.
    I can't tell you enough how important it is to call a lawyer.
    You will need to do a google search for commercial business lawyer.
    This is a contract between two business (you and theirs). SO you will need a lawyer who specialize in business contracts.

    I assume you speak Spanish? There are plenty of lawyers in Texas who habla spaniola.
    Dont wait. The more you wait the worse this gets. The dealer will not take you seriously until a lawyer sends a certified letter to their office.

    Good luck.
     
  11. georgeandson

    georgeandson Heavy Load Member

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    Feb 18, 2011
    1 mile down the road.
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    any body hear what happened here....???
     
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