Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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Does the contract provide any provision regarding "risk of loss"?
If the dealer has promised to deliver a factory new undamaged vehicle then that is what they must deliver. Otherwise, they are delivering a repaired vehicle which has a lower value than what you paid for.
If they will not adjust the price or locate a vehicle in the agreed condition then you will need to sue them for breach of contract. Check the contract for the available remedies in the event of seller's default and make sure you comply with any required notices, cure periods, arbitration, etc.. Failure to comply could prejudice your rights to proceed against the seller.