Get It In Writing

One of the most common mistakes that consumers make is that they fail to get important things in writing. Although the admonition to “Get it in writing” seeks simple, it appears that the average consumer still feels uncomfortable demanding written promises. However, the law favors written documents and the terms they contain, over spoken promises, which are hard to prove or enforce.

The best example is a car purchase. We all know that salespeople make many statements to try to induce you to purchase a car. Some are vague sales puffery, such as “This is a great car,” or “This car runs perfectly.” These kinds of statements, even if the salesperson makes them, are probably not actionable, since they are subjective statements which the average consumer should know are opinions, and cannot be verified or quantified in any reasonable manner. However, statements such as “This is a one-owner car,” or “This car has a brand new transmission,” are objective, quantifiable statements, which, if true, a consumer could reasonably be expected to rely upon.

But, salespeople seem to make these latter kinds of statements as easily as the first kind. How can a consumer enforce such statements, or prove they were ever made? Although witnesses who overheard the statements might be able to help you out, it would be much easier if the statements were reduced to writing. Keep this in mind: Any time a salesperson says anything to you that you think is important, ask him or her to put it in writing. This is easy at the time of a car purchase. The car dealer always prepares a “Purchase Agreement” which contains all of the terms of the sale. There is no reason that you cannot dictate some of the terms — especially if all you are asking is for them to reduce their own promises to you in writing.

When the salesman says: “This car’s engine was just tuned up,” ask him: “Could you please write that on the Purchase Agreement?” If he or she won’t do it, you know they are not telling you the truth. THERE IS NO GOOD REASON FOR A SALESPERSON TO REFUSE TO WRITE A TRUTHFUL STATEMENT ON A PURCHASE AGREEMENT. If they tell you they can’t because they are not allowed to, ask to speak with the sales manager. If the manager agrees with them, and says that the statements cannot be reduced to writing, get up and walk out. Any reputable dealer will place the objective statements of its salespeople on its Purchase Agreements.

A salesperson trying to close a deal will often tell prospective buyers that they can reject goods or services after receipt, if the buyer decides they don’t like them. However, the pre-printed purchase order will often not contain such language. Insist that the salesperson write the language into the contract and initial it before you sign or purchase anything. If they wont’ you know that the salesperson’s promise is worthless and unenforceable.

A recent example involved the prospective purchaser of a boat who inspected the boat on a showroom floor and inquired about purchasing. The overzealous salesman asked if he could write up a purchase agreement. The client insisted that she wanted to test drive the boat, and got the salesman to place “Purchase subject to approval after test drive,” on the Purchase Agreement. After she test drove the boat, she decided not to buy the boat, but the salesman, seeking his commission, processed the loan papers and submitted them to the bank anyway. The client received a loan booklet in the mail from the bank, which was unaware of the true facts. The dealer denied the existence of the right to back out of the deal. A letter to the bank, along with a copy of the Purchase Agreement showing the right to back out of the deal after the test drive, straightened the problem out. However, without that language on the Purchase Agreement, the client would have been stuck with a boat and a “he said/she said” situation.

Remember: Get it in Writing. Otherwise, the promise might be unenforceable.