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Ely, Counselor at Law
Category: Consumer Protection Law
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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With the contract it says if she doest take delivery they

Customer Question

With the contract it says if she doest take delivery they can charge up to %5 the value of the vehicle the car is 28k does that mean if they pursue that rout she can pay that and be ok....
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Ely replied 1 year ago.

Hello and thank you for requesting me Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Does the contract state that they CAN use the 5% choice, or, HAVE A CHOICE of whether to enforce the contract, or, NOT SURE?

Customer: replied 1 year ago.
IT SAYS you Drees that if you do not accept delivery you shout at the dealers auction for fit to dealer as a penalty 5% not to exceed 5% of the cash price of the vehicle authorized by section to 1801 for 1 Wisconsin Statutes dealer retains the right to bring action for actual damages caused by breach of this contract in lieu of the above
Expert:  Ely replied 1 year ago.

Thank you. My apologies - I have to restart my computer. I will answer within under 10 minutes...

Customer: replied 1 year ago.
Ok well I hope the restart is smooth lol
Expert:  Ely replied 1 year ago.

I'm back.

Expert:  Ely replied 1 year ago.

Okay, let me take a look-see at the contract...

Expert:  Ely replied 1 year ago.

Thank you.

Okay, this is at the dealer's decision. So they can EITHER demand the 5%, OR, sue for breach of contract.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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