What are my options if I purchased a new vehicle over from over 7 months ago but it still as not arrived at the dealership?

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What are my options if I purchased a new vehicle over from over 7 months ago but it still as not arrived at the dealership?

The vehicle at the time was not at the dealership and was told it would arrive within 3-5 business days. It’s now been close to 2 months and the vehicle is still not in. Additionally they do not know where it is or when it will arrive. I want to terminate the sale but was told I cannot because of the original signed contract/bill of sale. Is there a time limit where contracts like like can be terminated?

Asked on April 25, 2014 under Business Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is no hard and fast time limit, but at some point--and you may be there--the other party has breached or violated the contract by not performing. That breach would allow you to consider the contract as terminated. It may also be a form of consumer fraud to "sell" a vehicle which they cannot provide. You may wish to send them a registered letter letting them know that unless the car is present within, say, ten (10) business days of receipt of the letter, you will consider them in breach of contract and will expect the return of any payments you've made; and that if they do not comply, you will take any and all necessary legal action.


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