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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101405
Experience:  Lawyer
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I purchased a vehicle from a dealership. I put money down

Customer Question

I purchased a vehicle from a dealership. I put money down and signed a contract that stated, All Sales Final. I explained to the dealership that I would need them to hold on to the vehicle until my license was off suspension due to an unpaid fine. The dealership agreed.
Fast forward two months. My license was clear, insurance arranged for the vehicle and the dealership was contacted to arrange for financing. After multiple phone calls, I finally learned the dealership had re-sold the vehicle I had purchased (along with the customization requested).
The dealership is now offering me my deposit returned or to find another vehicle - although it may be more expensive or have more miles on it than the original vehicle (a 2015 Jeep courtesy vehicle with under 500km).
What are my best options in this case?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

What is their explanation?

Customer: replied 1 year ago.
That they sold the vehicle. No other explanation.
Expert:  Debra replied 1 year ago.

They did not have a right to sell the vehicle. The vehicle was yours. There was an offer made and an acceptance which creates a binding contract. For this reason they are required to fulfill the contract. If they cannot provide you with that car they must provide you with a comparable car which is at least as good if not better than the car you were going to purchase for the same cost.

If they will not do that you can sue them in court and if this is car is worth less than $25,000 you can sue them in small claims court and self represent.

If it gets that far and you find you need some help as you go through the process you can always post on the site again and I can assist you further.

Customer: replied 1 year ago.
Thanks. The vehicle was approximately 32,000, taxes extra.Now, what if they try to force me to take the amt I put down on the jeep?
Expert:  Debra replied 1 year ago.

Because the price is over $25,000 you will have to sue in Superior court. For this reason, your best next step would be to retain a lawyer and have the lawyer send them the demand letter, and you should not accept the refund at this point in time.