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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116716
Experience:  Attorney experienced in commercial litigation.
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I entered into a contract, 5 day agreement with the

Customer Question

I entered into a contract, 5 day agreement with the dealership to purchase a vehicle. My understanding was I had 5 days to purchase or return the vehicle. The dealer sold my vehicle vehicle within 2 days. My deal fail thru. But they couldn't return my vehicle because they sold it. Is this fair or legal?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

It is a breach of contract if you had 5 days in your contract to decide on purchase or return of the vehicle and it is also an unfair and deceptive business practice for them to sell your trade before the 5 days was up, which will now force you to buy a car. So, you need to inform the dealer that if they do not return your vehicle pursuant to your contract with them, you will file a complaint with the Texas Attorney General consumer protection unit and also the Texas DMV Dealer License Unit for investigation into their unfair and deceptive practices.

If the dealer refuses to settle this with you when you make your demand, you make your complaints to both agencies. If the AG and DMV cannot resolve this matter, which in most cases they can do, then your final recourse is suing the dealer for breach of contract and unfair and deceptive practices (which can allow you to sue for up to triple damages plus attorney's fees if you prove the practices were unfair and deceptive).

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