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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I bought a car two days ago from a dealership in Dallas

Customer Question

I bought a car two days ago from a dealership in Dallas Texas for 195k. It is a reputable dealership. I bought the car without seeing it. I paid by bank wire and they also arranged shipping. Today the car was supposed to arrive and the driver called me
and said that his truck was in a accident and the car was damaged. This was a perfect 200k car and the salesman promised in writing no ding, scratches or dents and I am now not taking delivery of the car. But they keep telling me they are going to deliver
to the Ferrari dealership in Las Vegas. I have never seen the car and do not want a Ferrari with paint work or damage. I searched tirelessly for the perfect car for 4 months. Please advise if I am due a full refund.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
This really depends on what your purchase contract with the dealership states.In general, the risk of loss passes from the seller to the buyer upon the completion of the sale agreement (so once you bought it, the risk of loss passed to you).However, in your case you do have a unique circumstance in which the seller is potentially liable for the damage, the seller is in a position to make a good legal argument that they are only required to "make you whole" (i.e. paying for the cost of repair to the auto - not paying you for the cost of replacement).But many dealerships are going to try to make their customers happy, not just meet their contractual obligations, so you can try to work with the dealer. If you are not able to negotiate a resolution with them to your satisfaction, I would recommend mediation (also for the value of the auto you are talking about here, this may be worth hiring a civil litigation attorney to represent you in negotiations if you are not successful in your first attempts, the added leverage of showing that there is a real risk of litigation can often make the difference).(Also, please see my note on mediation below):Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.
Customer: replied 1 year ago.
They will not do anything they say the car is mine. I have never seen the car or took delivery. I am prepared and well funded f0r a lawsuit against this rogue dealership.
Expert:  CalAttorney2 replied 1 year ago.
I think that hiring a civil litigation attorney may be the way to go then.Again, hopefully you won't have to actually file suit - the more real a threat of civil litigation may encourage them to do the right thing.I would recommend hiring an attorney that is "local" to the dealership - (once again increasing the likelihood of litigation) as that is going to be the best forum for bringing a civil lawsuitYou can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year ago.
All of them are closed tonight. What happens to the car. The transport company has it.
Expert:  CalAttorney2 replied 1 year ago.
They should store it overnight. If they cannot, you can take possession for it, but sign "with a reservation of rights."Keep in mind, this issue is not going to change based on you taking possession for it, it is already identified as being subject to a legal dispute. The problem has nothing to do with who has possession and everything to do with the damage that was done during transportation.
Customer: replied 1 year ago.
The decreased value of a Ferrari 458 italia is huge that has damage is huge.. If I file a claim I lose on the value marked on carfax. This was supposed to be a car I was going to keep for a lifetime.
Expert:  CalAttorney2 replied 1 year ago.
I'd hire an attorney and go from there. Again, I do believe that the dealership will work with you short of having to file a civil complaint and going to court, but a local attorney should be able to help you reach this result much faster than trying to negotiate with them, especially if they are trying to avoid any liability in the matter.(Keep in mind you are probably also working in a 3rd, or even a 4th party's liability here depending on who is responsible for the actual accident/damage to the car, so having counsel that is going to take care of this will greatly decrease the amount of stress and effort that you have to put into resolving this).
Customer: replied 1 year ago.
They promised me a perfect car upon arrival. Verbally.. Now since its wrecked they said its all mine
Expert:  CalAttorney2 replied 1 year ago.
In that case you have a breach of contract (even oral contracts are enforceable).Again, hire a lawyer for this one, the amount of damages you are talking are way above the small claims threshold, I still think you have at least a chance of getting this resolved short of litigation if there is a strong threat of a lawsuit, and if you do have to sue, you will want a lawyer in Texas to be able to handle this on your behalf.

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