claim for partial used car down payment

[cardealer88]

My jurisdiction is: CA

I wanted to buy a used car yesterday and the dealer told me that he could have mechanics to replace all brake pads and brake discs for a discount. But he wanted me to put 50% ($3100) down before he could do the job. Since I didn't have enough money , I just paid him $400 at that time. He asked me to pay him $2700 after two days so that he could ask the mechanics to work on the car. He also wrote down this agreement on a piece of paper with his signature, but I did not sign on it. Last night I found that many customers complained about transmission problem of the same car model in internet so that I don't want to buy the car. I called to the dealer in this morning but he refused to give me any refund even after I offered him $150 to settle this case. I would like to know whether that piece of paper is legal without my signature. Since that car has never been deliveried to me and no brake job has been done, can I get my money back ?

 

[Michael Wechsler]

Did the dealer do any part of the job? If he hasn't even begun, I'd call him and tell him that I'd not only sue, but also complain to the company of which he is a registered dealer. I'd let him know he has no defense. You decided not to do the job and nothing has been started. There is no harm, no foul and no agreement that you cannot back out at this time. I'd certainly send him a letter or fax via a certifiable method to make sure your position is clear. The agreement may be "enforceable" but if no work has been done and in the absence of anything to the contrary, there is no reason I can see that you cannot back out of the agreement. There is nothing stated to the contrary.