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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6804
Experience:  Licensed attorney helping individuals and businesses.
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What are my legal options if I buy a new car, sign the

Customer Question

What are my legal options if I buy a new car, sign the papers, pay a down payment and agree to pay the balance upon delivery. Then the dealer damages the vehicle before delivery. The dealer has taken the position that they can fix the vehicle like new and there we be no consideration given for the fact that the vehicle can not be delivered in factory new condition. The other option that the dealer has offered is to back out of the deal altogether. The problem is it is a very rare style vehicle and very difficult to find another. I willing to consider taking the vehicle repaired but feel that there should be some consideration for the fact that it can not be delivered in the original condition that it was in when the purchase deal was negotiated.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Does the contract provide any provision regarding "risk of loss"?

Customer: replied 1 year ago.
it was a standard buyers order. There are some clauses for default if the seller cannot deliver which basically is that they can cancel the order.
Expert:  Loren replied 1 year ago.

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.

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