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In MA, Cash for Clunkers program. My boyfriend has paid for a 2009 VW Jetta TDI, (MSRP-$4500), yet the dealership will not deliver the car because they say they are waiting for the government to process the paperwork for the clunker program (they have gotten approval to participate in program, this apparently is approval for this specific deal). My bf's car qualified for the $4500, he had his insurance company send the dealership the binder stating that he has had insurance on the car for more than a year, and has done everything else required on his end as consumer. What are his rights? Can the dealer hold the car he has paid for until they hear back from the government? Many thanks. C.
Location: United States, Massachusetts
If it is a government program they may be delay but if he chooses to not wait, he can demand his money back. The dealer cannot hold him to such delay without his consent.
Experience: Licensed attorney helping individuals and businesses
Interesting. So, even though it is the dealer's responsibility to get the rebate from the fed. gov., they can still hold it? My bf's options are either to get his money back OR wait for the car? The dealer is not legally compelled to deliver the car? The P&S essentially has the $4500 deducted from the MSRP, with the final price that he has paid. Thanks, C.
If the contract is not conditioned on the rebate going through and seller has to provide it nonetheless and not subsequent to it being credited, he could sue for delivery as well or alternatively for breach of contract money damages.
Thanks! Have a great evening. C.
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