Can I back out of a sale of a motorcycle without penalties if I don’t have the vehicle yet?

After signing the papers for a motorcycle sale, I was told it would not be delivered until a few days because it will need to be assembled first and that the company that does that is backed up with work. Anyways its been 5 days including the weekends and I don’t have the bike yet. I would like to know if I have any legal rights that I can pursue or if my rights are being violated. The sale contract has a VIN and first payment is due 30 days after signing.

Asked on June 5, 2012 under General Practice, Washington

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What controls the obligation as to whether or not you can cancel your purchase agreement without recourse is the purchase agreement itself. As such, you need to carefully read the document in that its terms and conditions control the obligations owed to you and vice versa in the absence of conflicting state law regardless if you have the vehicle in your possession or not.

If the agreement called for you having possession of the motorcyle by a set date and you have not received it and it does not seem that you will soon, then if the dealership cannot give you assurances that it can provide such by a set date, then you might have a legal recourse to cancel your purchase of the motorcycle and get your money back.

 


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