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Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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I live in Little Rock, Arkansas and purchased a new Toyoto

Customer Question

I live in Little Rock, Arkansas and purchased a new Toyoto 86 from a dealer/ They told me that they would have to send to another dealer in Fayetteville to get the color that I wanted and it should arrive that afternoon/ Car did not arrive/ Then Monday at 11:00 Am I contacted them and they said that it was in and I could pick it up but it did not have the racing stripes which I had paid for/ They told me it would be 1 to 2 weeks/ Whereby I advised that I did not want to wait that long and if they could have it within 24 hrs I would be good to go/ Bot***** *****ne I have been told every day that it would be ready that day/ I went to dealer ship yesterday after work and it was not ready.. I might add that I told the salesman Monday that I would just like to get my vehicle that I traded and cancel the deal and that is when he started promising but it never came to fruition/ Now I am thinking because I have been lied to by salesman as well as the Sales Manager that I just want to cancel the whole thing and get a refund. What are my options??
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Arkansas
JA: Have you contacted the manufacturer?
Customer: Toyoto/ Why would I need to contact them,
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that I bought acr in good faith and pai for it in cash abd trade in/ They did not even have the stripes that I wanted and they are doing after market which I do not want
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney who is admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. This appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. The fact that the vehicle is not been serviced within the time that they promised or within “reasonable time,” then you may have a claim. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Since I have not taken delivery and they have not had the vehicle that I paid for ready acn I demand a refund??
Expert:  Legal Eagle replied 2 months ago.

Yes, I would demand a refund at this point. Even if you took it to court, your damages would probably be equal to the price you paid. Did you have any other questions for me? If not, were you satisfied with my service today?