If the contract to purchase a vehicle has the wrong color of vehicle, is it legal?

Asked on April 7, 2016 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you mean do you, as the buyer, have to accept a car other than the one you agreed in the  contract to buy--then no. You can refuse to purchase other than the agreed upon car, and the dealer/seller can then either cure the problem by providing, in a reasonble time, the correct car; or the contract would be treated as terminated due to the  seller's breach.
If you mean what if the car is the correct one and/or you, as the buyer, accepted the car, but now you  have changed your mind and want to get out of the agreement because the contract lists the wrong color, then the answer is no, you can't: if it actually is the car you want, what is basically a typo on the contract does  not invalidate it; or if you accepted the car, ratifying the contract despite the color, you cannot now change your mind.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.