Any legal experts here?

[BIG-SMOOTH 10+ year member]

I say it's not worth the hassel, but you did say you waited 2 weeks for this car. What kind of car is it?

It may not be worth the hassle, but if they want to screw me out of the car they agreed to sell me they'll have to work at it.

The car I was supposed to purchase is a 2008 Hyundai Sonata SE.

 

[WhoSayWho? 5,000+ posts]

Can't he just resist that motion?

Unfortunately, probably not. Those agreements are hard to overcome and most dealers, banks, etc use them today.

He can always have someone take a look at it and see.

If I was going to do that I would do that in a hurry -- while they still have the car he bargained for. I do think that he got screwed -- if anything it was a mistake of fact that they made, and they really should know better since they are in the business.

I feel sure that after signing the docs he suddenly realized that the car was not what he wanted they would try to hold him to it.

 

[mtlhead 10+ year member]

Unfortunately, probably not. Those agreements are hard to overcome and most dealers, banks, etc use them today.
He can always have someone take a look at it and see.

If I was going to do that I would do that in a hurry -- while they still have the car he bargained for. I do think that he got screwed -- if anything it was a mistake of fact that they made, and they really should know better since they are in the business.

I feel sure that after signing the docs he suddenly realized that the car was not what he wanted they would try to hold him to it.

If they have the down payment check, arent the technically stealing his property (since all contracts were signed). The car would be legally his, right? Unless there is some fine print that no one read.

 

[slick rick 10+ year member]

Hire Yale Galanter...

 

[hollowpoint 10+ year member]

i wouldnt take legal advice from someone who doesn't know when to use 'you're' and when to use 'your'.

I forgot to use 're. So sue me:greedy:

 

[mtlhead 10+ year member]

The confusion you brought upon faulkton may have caused mental anguish, he just might sue you //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

 

[millerscents 10+ year member]

Can't he just resist that motion?

no i can't read the fine print

Yes, my membership on CA.com makes me a certified lawyer

 

[MorningWood]

I think his truck was probably the down payment - but maybe not. I also think that you have is a breach of contract to legally deliver the vehicle. The problem comes with the enforcement of that contract. You usually have to pay several thousand dollars up front to initiate arbitration. And the arbitrators are generally friendly to the industry they serve. It sucks.

But yeah, talk to an atty. It may be worth your while.

Just be glad you are not black OP. They would have your *** in jail already.

You see what they did to OJ.

 

[BIG-SMOOTH 10+ year member]

Could they even legally sell the new vehicle to someone else at this point? The registration papers are already in my name.

 

[brokeitagain 10+ year member]

The car I was supposed to purchase is a 2008 Hyundai Sonata SE.

i would just keep the chevy

 

[bigbangtheory 5,000+ posts]

i would just keep the chevy

That is why I asked him what kind of car he was trading his truck in. I figured it was gonna be a heck of a car. Not saying they are junk, but why would you have to wait 2 weeks to get that car? They have them in stock all over the place here. Not that I would trade my car for one.

 

[SocMunky 10+ year member]

I once saw a photo where a monk poured gasoline on himself and fired it up in protest. I think it worked too.

What worked, the burning to a crisp part? //content.invisioncic.com/y282845/emoticons/confused.gif.e820e0216602db4765798ac39d28caa9.gif

Alright...Yeah, I'll admit, I think I heard about that somewhere as well //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

Not that I would sanction such an extreme solution!

 

[WhoSayWho? 5,000+ posts]

What worked, the burning to a crisp part? //content.invisioncic.com/y282845/emoticons/confused.gif.e820e0216602db4765798ac39d28caa9.gif

Alright...Yeah, I'll admit, I think I heard about that somewhere as well //content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif

Not that I would sanction such an extreme solution!

Well, I would not personally do it, but I don't even know this guy. Think about if he actually did it and the media learned that it was first suggested on ca.com. The forumz would be famous!!

 

[JimJ 5,000+ posts]

I was at a car dealership earlier tonight to pick up my new car. The price was agreed upon for both the new vehicle and my trade in vehicle. After all the paperwork was signed, in the envelope and they had their down payment check they apparently realized that they had screwed up on the appraisal.
My trade in vehicle is a 2wd Chevy 2500hd which they had apparently appraised as a 4wd. It was actually appraised twice by two different employees and appraised the same way both times. I was never asked whether it was 2wd or 4wd and just assumed that people working at a car dealership would be intelligent enough to figure that out on their own. Immediately after all the paperwork was signed and I was getting ready to go over the owners manual on the new car the dealer realized the mistake and told me that he cannot do the deal.

They asked for the paperwork back so they could shred it, but I decided to keep them and seek legal advice to see where I stand. All the papers referring to my trade in refer to it simply as "Chevrolet 2500hd" so there was no way for me to have known that they had made this mistake. The paperwork shows that they agreed to pay "X" amount for my trade in and that I agreed to pay "X" amount for the new car. All the finance papers where signed. If anyone on here has some legal knowledge I'd appreciate an opinion as to whether or not I have a right to that car. I waited two weeks to get this vehicle and I'm disappointed to say the least that it could be trashed because their people can't do their jobs properly. Is this worthy of contacting a lawyer?

Usually, if you're the injured party in a breach of contract, you have a duty to mitigate the damages...so if you knew they were in error, and did nothing, I doubt a court is going to do much for you with compensatory damages.

Talk to a lawyer.