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GJames

Signed Contract for New Car & It was Sold

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Hello,

 

Recently I purchased a new car and traded my old car in. The dealership did not have the car on their lot that I signed the contract for, so I was provided a rental until the car was set to be delivered two days later to my home. By the 3rd day I hadn't heard from the dealership so I contacted them and was told that they would call me the next day. Finally on the 4th day I was advised that the car I signed the contract for was sold to another customer. The dealer was unable to locate the color vehicle that I originally wanted, so I provided a 2nd color option and they couldn't locate that one either. After going back and forth for a few hours, I finally decided that I wanted my original car back (the dealer still has it on their lot). The dealer does not want to give the car back since I "signed a contract", but that contract is VOID in my opinion since the car I signed for has been sold. In the meantime I've contacted their Consumer Affairs Office to file a complaint, and I am waiting for a call back from their Regional Office. Does anyone have experience in this, and if so, what are my options? 

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I suggest you take that contract to a lawyer right now and let the lawyer read it and tell you your options.

 

Do it fast. Otherwise your trade in will be gone and the dealer will have you by the you-know-whats and you'll be stuck with whatever car he comes up with.

 

These dealer contracts are designed to cover the dealer's butt, not yours.

 

PS: For anybody else reading this and contemplating buying a car from a dealer, buying a car this way is about the dumbest move anybody can make. If the car you want isn't on the lot, go elsewhere. If a car dealer tells you what time it is, check your watch to make sure of the time and that he hasn't stolen your watch.

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that contract is VOID in my opinion since the car I signed for has been sold. 

 

Legally, that's wrong.

 

 

 

what are my options? 

 

Unless you're in Louisiana, your state has adopted the Uniform Commercial Code, Article 2 of which governs contracts for the sales of goods.  You can read the "baseline" version of Article 2 here:  http://www.law.cornell.edu/ucc/2.  Be aware, however, that your state may have modified some of this, but most, if not all, adopting states have not altered the parts relevant to your situation.  Section 2-713 is probably most relevant.

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I highly doubt they sold your car to another customer.   They probably think they will have an easier time selling the car you bought so they figure they can push you off with another one of their choosing.   They will most likely use the car "you purchased" to sell another unwanted vehicle to another unassuming customer. 

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I highly doubt they sold your car to another customer.   They probably think they will have an easier time selling the car you bought so they figure they can push you off with another one of their choosing.   They will most likely use the car "you purchased" to sell another unwanted vehicle to another unassuming customer. 

 

A rather pointless bunch of rank speculation that has nothing to do with the question asked.

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A rather pointless bunch of rank speculation that has nothing to do with the question asked.

I'd say it rather is on point considering he could possibly investigate a little further by going over the salesman's head and find out if his car actually was sold to another customer or is not still in their inventory.  

This salesman most likely looks at the cars he has to sell and pins each customer with what he thinks he can get away.  Dollars to donuts says that if somehow he does get called out, i.e. the customer were to somehow find out the vehicle in his contract was not sold to another customer, he most likely already has some feeble reason to explain it away, thinking the customer has no leverage to press the issue or question his 'mistake'

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