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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 35301
Experience:  Attorney,16 years experience in consumer protection areas
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I signed a contract for a certified used car at a dealership

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I signed a contract for a certified used car at a dealership yesterday (Sat.). They did not collect the down payment (cash + trade in) and I drove my car home and the purchased car remained on the lot. My plan was to return on Tues. to bring my cash and get the purchased car then. However, in the meantime, I have decided that I would rather purchase a new car rather than the used one. Can I get out of this contract since they did not collect the down payment and I did not drive off with the car at the time the contract was signed? I live in Arizona if that makes a difference. Thank you.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Can I get out of this contract since they did not collect the down payment and I did not drive off with the car at the time the contract was signed?
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From a purely legal perspective, once the purchase agreement is signed, it is a legally binding contract even if no money changes hands and you didn't take physical possession of the vehicle. In order for there to be a valid contract there only has to be an offer and an acceptance.
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But from a practical viewpoint, it is pretty unlikely that the dealer will file suit to enforce the contract if you go back and tell them that you wanted to purchase another car and they can get it for you.
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Legally they could file suit under a breach of contract claim, but if you are willing to work with them to get the other car, they probably wouldn't do so as they would have to incur substantial legal expenses to sue you and the case could drag out for months..
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Thanks
Barrister
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