Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.I want out and want to return the car and get my money back. Is it possible?
Likely not, I am afraid. Allow me to explain why.WARRANTY
According to Colorado Statutes 42-10-101 et seq
, there are lemon
law warranty laws in Colorado. However, it only comes into pay if the vehicle does not perform, drive, etc
. See here
. The large piece of plastic that has been replaced, the black dots, and the tint issues are all indeed issues, but they do not go to the performance of the vehicle. As such, the contract cannot be "undone," I am afraid.
So you do have options, but not simply returning the vehicle.BREACH OF CONTRACT
Breach of contract may be minor, or material.
A minor breach is substandard performance but one that does not cancel the contract.
A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.
Is it a minor or material breach? The Court would decide based on the following subjective factors:
1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.
Here, this is arguably a MINOR breach of contract for any work that the dealer has done with the vehicle after you purchased it but before you took possession such as paint chips, tint, etc. The dealer can be made to pay for the repairs to bring these up to proper form, but this is not enough to void the sale. I am sorry.
Often, a letter threatening to sue unless they perform the necessary work or pay you to have someone else do it will have them acquiesce and agree to it to avoid litigation. Let me know if you need a sample of such a letter.
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