What to do if a dealership call the deal off after all documents have been signed and trade-ins delivered to them?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if a dealership call the deal off after all documents have been signed and trade-ins delivered to them?

My husband and I just purchased a “newer” vehicle from a dealership. We traded in 2 sight unseen vehicles, both of which ran when we dropped them off. We signed all of the financial forms, gave a down payment and finished the deal 5 days ago. We delivered the 2 vehicles the following day. Then 2 days later, I received a phone call from the dealership. They said that they want their car back and that they do not what to take one of our trades anymore as it was having engine problems. What are mine and my husband’s rights?

Asked on November 12, 2011 under General Practice, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have the right to enforce the contract and have the vehicle you purchased. Once the contract is executed by both parties, one party may only lawfully terminate or void it in the event that 1) the other party breached it some material way; or (2) the other party knowingly made a material misrepresentation. ("Material" means "important" or "critical" in this context.) If the dealership had agreed to accept the vehicles as they were, and you did not knowingly lie or misrepresent about the vehicles, the dealership will be obligated to go through the  contract, since you honored your obligations. That perhaps the dealership made a bad deal and should have inspected the cars first is not your concern.

So as long as  you did not knowingly lie, and you did what the contract and paid (including trade ins) what the contract calls for, then based on what you write, you should be able to enforce the deal.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption