I recently brought a new truck. I didn't fully endorse the check prior to me leaving with the truck. now the bank won't cash the check. Can I get out of this deal? I want to get out of this deal so I can purchase a better vehicle for the same price.
by 
Davintheone
ANSWERS: 7
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YOU have done wrong. HERE are the reasons. It'd be nice to hear from a lawyer. Was this a private purchase or a dealership? The answer may reflect how willing they are to negotiate with you, or to go to court. Your failure to properly endorse the check might constitute "fraud" in the eyes of a judge. My gut says that should this be litigated, the judge would consider additional paperwork, the nature of the payment arrangements and the implied obligations of both parties and the degree to which each party fulfilled its obligtaions. Your desire to bail on this deal because you have found a better truck would not be viewed favorably and weakens any argument you might make for trying to terminate your previous agreement.
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"Endorsements," according to the U.C.C. are on the BACKS of checks. I assume you mean "signature," and answer accordingly. If you made any mark on the front, it was a mark inteding to create "commerical paper" as evidenced by the fact that you walked out with the goods. You are stuck with the deal, my friend. Don't take any serious steps away from it (based on the check) or your credit (and perhaps your reputation) are shot.
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im pretty sure that u can get out of it cause no money changed hands
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What exactly was your intention from the beginning, concerning the check? did you do this on purpose, knowing the bank would not cash the check, without full endorsement. did you do this to intentionally credit this situation, in case you wanted to take back the truck? i think i smell fraud here on your part. How long have you been writing checks? long enough to know how it works. The contract with the dealer is one thing, the situation at the bank is another. if you signed a contract, with the dealer, its still valid and they will either repo the truck or file a civil lawsuit against you to recover the truck and all expenses incurred. I'd forget about another truck. you have not taken care of this one........yet.
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Man, this is what the USA has come to. Haven't you a sense of honor? You made a deal. Now, on the basis of what is a technical error on your own part you want out. SHAME!
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Act with some ethics and like an adult and keep what you bought and drove off in. If you wanted to rescind the deal in the time allowed (often 2-3 days) from signing the deal, you should have done it then. If you try to screw with them and play games, you might just screw up your credit report. If you are an adult, you ought to know you don't buy something that costs that amount of money (assuming it was $500-1000. or more) and then change your mind later for a "better deal" and try to get out of it. The time to hunt for the best deal was before you made the deal you made and drove away in the new truck.
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If you didn't want the vehicle, then you should have not left with it. What is the expression "posession is 9/10th of the law" The vehicle is now "used" since you have driven it and most likely registered and insured it to take it on the road. It amazes me how people like yourself try to weasel out of things when they see something better has come along. You would probably do this to your wife, you see a nicer looking model strut by and you want out of your contract. Do yourself a favor and act with good ethics on this one. Don't embarrass yourself with all kinds of hi-jinx because you will only end up digging yourself a bigger hole. Next time, do your research, shop around and don't be so hasty.
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