Can a car dealership back out of an on-linevehicle sale after the deposit has been paid?
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Can a car dealership back out of an on-linevehicle sale after the deposit has been paid?
I purchased a truck on eBay and immediately submitted the deposit as required. I sent a message to the dealership asking when I should arrive to pay the remaining balance and take possession of the vehicle. At this time, the seller (a large, franchised dealership) indicated that they did not wish to proceed with the sale because the price was lower than they had intended to sell the vehicle. They then refunded the deposit. It is my understanding that such a sale is a binding legal contract and enforceable? If it helps, the dealership is in TX and I am in KY.
Asked on May 13, 2011 under General Practice, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are correct in that if there was an offer to sell you a truck for a certain amount and you accepted that offer as is (e.g. did not try to renogotiate the terms) and also honored all obligations of yours in a timely way (e.g. paid the deposit on time), then the seller should be obligated in turn. They cannot refuse to sell the truck because they hoped to get more money.
However, all that said, enforcing the agreement will take you suing them. Cross-state lawsuits can be tricky, inconvenient and expensive. Since you have your deposit back and all you lost was the opportunity to buy this truck at that price, unless you were saving several thousand dollars off what the truck would go for elsewhere, it's difficult to imagine it would be worth pursuing this matter.
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