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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 54020
Experience:  Practicing lawyer for 31 years
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We agreed to purchase a new car from a dealer over the

Customer Question

We agreed to purchase a new car from a dealer over the phone. We gave credit card details for down payment. We then changed our minds and dealer offered two alternative vehicles let's call them a and b.We said we would like vehicle b. The dealer didn't have vehicle b he would need to check and get back to us. Three days later he came back and said he has the vehicle and will be delivering it to our door today. We have not seen any paperwork we have not signed anything, Everything was by discussion on the phone.
Question Are we legally committed to purchase the vehicle? We live in San Francisco CA
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  insearchoftheanswer replied 9 months ago.

Good morning Robert. My name is ***** ***** I look forward to helping you.

No, you are not obligated to purchase this vehicle. In order for there to be a valid and binding contract, there must be a mutual meeting of the minds on all the key elements of the transaction...i.e., "accord and satisfaction." Without the opportunity to see the car to insure that you and the dealer are talking "apples to apples" and without any written contract showing all the details of the purchase so that you can insure that the bot***** *****ne is what you agreed upon, there can be no meeting of the minds. Thus, there is no enforceable agreement and thus you are not bound and obligated.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 9 months ago.
Just to be clear the first veh which we agreed upon there was meeting of minds as you say and we agreed by supplying our card details for the down payment. The dealer wasn't happy when we phoned and explained that we had changed our minds. Is it correct to say that by entering into a discussion about the two alternative vehicles he had accepted the the first deal was nullified.
Expert:  insearchoftheanswer replied 9 months ago.

Yes, once the two of you moved to another vehicle, there would have actually been deemed to have terminated the original verbal agreement.

Customer: replied 9 months ago.
That's very clear thank you. And just to be sure because he is going to call me in a few hours what he said was you can have a or b which one do you want we said we will go with b he then said he did not have b but would get back to us and let us know He came back three days later to say he had it and was arranging delivery to our house. He is now saying we ordered b and have to buy it. Do you still think in this case there is no contract.
Expert:  insearchoftheanswer replied 9 months ago.

He may try to intimidate you into thinking there is a binding contract, but do not let him. He can't hold you to this. :)

Customer: replied 9 months ago.
That's what I think but it's nice to have an expert opinion thank you. You have been very helpful.
Expert:  insearchoftheanswer replied 9 months ago.

You're very welcome...it's been my pleasure to help! :)