Consumer Protection Law
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In order to have a legally enforcible contract, the Law of Contracts states, among other things, that there must be an offer and acceptance and it must be supported by consideration. If those requirements are met, then the parties have a valid, enforcible contract.
In your situation, here is what I see -
The dealer was offering the car for sale
You accepted the offer by signing the Agreement of Sale
The Consideration -
The dealer promised to have a safety inspection performed on the car on Monday
You promised to pay $2,000 down and obtain your own financing.
A promise in exchange for a promise is valid consideration and enough to support a contract. Therefore, there is a legally enforcible contract between you and the dealer. However, not only would it be poor public relations for the dealer to try and enforce the contract, but it would cost the dealer more in legal fees in trying to enforce the contract by filing a lawsuit against you for Specific Performance.
You could probably successfully get out of the contract by speaking to the dealer, telling him that you did not get the funds which would have allowed you to buy the car, and that you were unable to get the necessary financing. If the dealer again extends the offer to get you financing, tell him that you are not prepared to pay an exorbitant amount of interests that is usually offered with dealer financing. Lastly, although the points you raised are not legally valid to relieve you of the obligation to perform your responsibilities under the contract, you could still try to argue these points with the dealer.
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I am reading something right now on a forum that says the following....
"Having worked for many years as the director of the finance dept. in an auto dealership, I can tell you with certainty that signing must accompany "delivery". That is, if you both drove off the lot-or- signed And had it delivered to your home, then you own it. If all you did was sign but never took delivery, then the dealer cannot legally force you to take the contract or vehicle."
This statement and the term "legally" imply something in the law that may protect me in this case. I am looking for "that" point of law and hoping you can explain it to me.
A director of financing arranges financing. With all due respect to him, he is not qualified to render any opinion relating to the law of contracts. If his argument were legally valid, then any prospective buyer who signed a contract for a car, but who had to wait for delivery could walk away from the contract and this is hardly the case. Dealers would have an overwhelming number of cars on their lots which prospective buyers ordered, but who did not accept delivery. I would respectfully XXXXX XXXXX to ask this director of financing what he considers are the legally necessary elements to form a legally binding contract and what type of consideration will be legally sufficient to have a legally binding contract. Under the Law of Contracts, a "promise by one party for a promise of the other party is valid consideration .
"Cannot legally force you.........." means that the dealer cannot make you take delivery, but the dealer can sue you for "Specific Performance of the Contract" and the Court would rule that you either take delivery of the car, or pay the dealer his lost profits on the car,
You are most welcome, Matthew,
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