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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I did something foolish and I need sound advice. I signed

Customer Question

I did something foolish and I need sound advice. I signed a contract and gave a down payment check on a certified used car at a reputable dealership. I had a couple of things I wanted to be checked out concerning the car before I would give the final word on closing the deal. I left the car at the dealer so the necessary items could be attended to. The next day I experienced a disaster at home that would necessitate me decreasing my down payment. I called my salesman about the matter and I was informed that the deal had already been pushed through and it was too late to make any changes. I told him I would not be collecting the vehicle from them because I don't have the full down payment amount. After speaking with several managers, their conclusion is that it's too late to make changes and I should come pick up the car. They are not even willing to work with me on changing the contract and as far as they are concerned it's a done deal. From my research, the contract is not final until I take delivery of the vehicle which I have yet to do. The paperwork was signed on 3/30
Submitted: 8 months ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 8 months ago.
Dear Customer,Unfortunately, taking receipt of the vehicle is not necessary to create an enforceable contract.If you signed the purchase agreement it will be enforceable by the dealership.See this article by the Texas Attorney General: https://texasattorneygeneral.gov/cpd/buying-a-car-used-or-newHowever, you can try to find an alternative financing (a lender other than the one provided by the dealer) - usually car buyers can find better financing through credit unions or small banks which can help bridge financing issues such as the one you identified.

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