if I bought a car online from a dealership in another state but it has been over a month and I’ve yet to receive it, can I get my money back?

UPDATED: Mar 2, 2015

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if I bought a car online from a dealership in another state but it has been over a month and I’ve yet to receive it, can I get my money back?

They are an Ebay seller with 100% feedback on 1000s of car sales prior. One negative feedback on BBB website. Part of the agreement was to include transport in the price of the car. So basically $8700 all inclusive delivered to my door. They hired a transporter who picked the car up a month later after purchase because they couldn’t find someone. I was in no rush and said that was fine. Transporter has had the vehicle for over a month and a half now and still hasn’t delivered the car. Very poor communications, promises every Monday that he’s bringing the car or someone is during the week and never happens. I’m tired of the run around and waiting.

Asked on March 2, 2015 under Business Law, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue the auto dealer for breach of contract.  Your damages (the amount of compensation you are seeking in your  lawsuit) would be a refund of the $8700 you paid.

Another option with the same result would be to seek rescission and restitution in your lawsuit for breach of contract.  Rescission cancels the contract and restitution would be your receipt of your refund.

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