Can a car dealership sell a car to somebody else after I put a downpayment it and they called my insurance company and gave them theVIN?

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Can a car dealership sell a car to somebody else after I put a downpayment it and they called my insurance company and gave them theVIN?

Asked on December 4, 2011 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There was an agreement between you and the dealership that they would sell you that car, which agreement was bound by your providing the downpayment for the car. Therefore, the dealership could not sell the car to someone else. You could sue the dealership for compensation--e.g. if you have to pay more to get a comparable car now that this one has been sold, to force them to pay the difference. You cannot make the buyer of the car return it, however; you can't action against a good faith third party purchaser, which is why all you can do is take action against the dealer. As noted, one option is monetary compensation; another is to sue them for a court order requiring them to find a comparable vehicle and sell it to you for the agreed-upon price.


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