I signed final paperwork to buy a new car yesterday, less than 24hrs. The car is still in transit and will not make it to the lot until 3 days from now. I just recieved news that another dealership has the exact same car and gave me a written quote for less than the first dealer. With this new dealer I am able to pick the car up tomorrow. I signed paperwork stating that under ca law, I do not have the right to break contract due to a better offer or change of mind. Since I still have not taking delivery of the car, am I still stuck with it?
State/Country relating to question: California
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QUESTION: "Since I still have not taking delivery of the car, am I still stuck with it?"
ANSWER: Yes. Here is how this works. The vehicle is yours once you sing the contract. Unfortunately, this is the case regardless of whether it was physically on the lot or being shipped in. I have actually experience a rather similar scenario in my own personal life. You are, to put it in plain terms, indeed "stuck" with your contractual obligations. I would love to say otherwise, but I just respect you too much to do you the disservice of misleading you or providing false information, even when the means being the bearer of entirely correct although admittedly discouraging news.
I truly hope all works out for you.
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Well I am a first time buyer and now have possibly spend 2,000 more than needed. If I want to stop everything, I know they can sue, do you know what kind of legal battles I would be looking at, worse case senario, or what the dealer might do?
Hello again,Thanks for writing back -- good to hear from you.
You are quite welcome -- my pleasure to be of some service!I will be glad to comment further -- please see below.
QUESTION: "If I want to stop everything, I know they can sue, do you know what kind of legal battles I would be looking at, worse case senario, or what the dealer might do?"
ANSWER: Yes. You are indeed correct in your understanding in that it is a virtual certainty the dealer would file suit. This would entail the entry of a judgment against you for monetary damages incurred for shipping the vehicle and so forth. However, there is some good news here as well, I am glad to say. The law does not favor a remedy called "specific performance" in such cases. Meaning, no one is going to "force" you to accept the vehicle and pay for it each month. In all candor, the best approach is to just "come clean" with the dealership, offer to pay any costs to date (to avoid later paying even more through litigation), and move on. Neither you or I drafted this law, and believe me many times I personally disagree with the law, but nevertheless we are stuck with the reality.]
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What do you mean by "offer to pay any cost to date?" This car was already planned to come to this dealership. They are not shipping it due to me.
QUESTION: "What do you mean by "offer to pay any cost to date?"
ANSWER: Good news! Thank for sharing that additional information. The fact that there is no shipping charge will definitely be a good point to raise if/when you approach the dealership. The only way to ascertain their position is to let them know you want out of the deal and see what they say. But, given that there is no shipping fee, that is definitely good to hear.
Please remember to only rate my answer when you are 100% satisfied. If you feel the need to click either "Bad Service" or "Poor Service", please stop and reply to me via the REPLY button (not RELIST) with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. In rating my work, please realize that I am merely the messenger, meaning I do not write the laws and can only report them to you. Placing a BONUS is a nice way of expressing appreciation and will be most gratefully appreciated to allow me to continue helping customers!
So then there is a good possiblility I can walk away clean? Will they still sue or what kind of legal fights might there be? Is it worth it? Worse case senario and likely outcome please.
To participate in this venue, I am required to comply with site rules and ask that customers open new threads to post new questions. However, realizing how understandably important this matter is to you, I will be happy to answer your additional questions trusting you to please rate my answers on the honor system.
QUESTION: "So then there is a good possiblility I can walk away clean? Will they still sue or what kind of legal fights might there be? Is it worth it?"
ANSWER: I could make up some percentage or odds off the top of my head, but that would be worthless information. The truth is that neither you or I have a crystal ball. The only way to know if you can walk away from the deal is to ask the only party who controls that decision, namely the dealership. Having said all of that, however, my best educated guess is that they will take an aggressive approach and their position will be that they want their money and desire you to honor your word. But, as I say, I just have no way of getting into their mind. So, best case scenario is you ask to be allowed to materially breach the contract and they say sure. Worst case scenario would be they say no way and exercise their remedies through litigation. The only way to know is ask them. The only person who can then decide whether or not the risk is worth it is you.
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