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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 7441
Experience:  Just Answer consultant at Self employed
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Recently purchased a vehicle from a dealership with upgrades

Customer Question

Recently purchased a vehicle from a dealership with upgrades agreed upon before signing. One was a four inch spacer lift that I have paperwork for but because there are no four inch spacers they gave me a two and a half inch spacer without asking me first. They do however make a four inch suspension lift but they declined it because it is more expensive. Am I entitled to a four inch suspension lift.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  legalgems replied 6 months ago.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

So for example, if the car delivered was not as specified in the contract, and it is deemed an immaterial breach because it is a minor issue, the plaintiff (the party bringing suit) is entitled to the difference in car as represented, or the car as delivered; alternatively the plaintiff can proceed on a benefit of the bargain theory, requesting the cost of repair- ie the cost to modify the car so it is in the condition that it is supposed to be based on the terms of the contract.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 6 months ago.

Hopefully the above was resolved with minimal hassle by addressing the issue with the dealership.

Thank you for using JA!

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