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Old 01-19-2016, 03:21 PM
 
Location: Big Apple
403 posts, read 363,945 times
Reputation: 565

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Hi, I bought a car 2 weeks ago, gave them a down payment and was waiting for the title to come in. The dealership now called me and said there was a "mix up" in the system and that the car was actually sold to another person 2 days before they sold it to me? So now that the title has come in, it is under someone else's name.. this whole thing sounds so shady! And I am so frustrated because I needed a car and agreed to wait 2 weeks for this car. What can I do, legally wise? I have the contracts and papers, and they took my down payment on the day I was the car dealership.
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Old 01-19-2016, 04:02 PM
 
Location: San Antonio, TX USA
5,251 posts, read 14,248,351 times
Reputation: 8231
Get your money back and find a different car?
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Old 01-19-2016, 04:05 PM
 
4,833 posts, read 5,735,287 times
Reputation: 5908
Quote:
Originally Posted by Me007gold View Post
Get your money back and find a different car?
Yep, just pray you get your money back and move on.
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Old 01-19-2016, 04:37 PM
 
33,387 posts, read 34,841,834 times
Reputation: 20030
get your money back, they have to give it back to you if they dont have the car you contracted to buy, and go to another dealer, and never go back to that dealer.

or you can find a lawyer, and sue them for breach of contract, and deal with the courts over the next few years.
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Old 01-19-2016, 04:52 PM
 
Location: Niceville, FL
13,258 posts, read 22,839,738 times
Reputation: 16416
This is also something most states regulate. I'd file a complaint with your state over the transaction if you're in that kind of locale.
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Old 01-19-2016, 06:14 PM
 
806 posts, read 958,836 times
Reputation: 1049
Didn't you see the car and test drive it? Why did you agree to wait 2 weeks????

They probably sold it to someone for more money. Your options are to sue them for breach of contract or get a refund and buy another car.
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Old 01-19-2016, 07:44 PM
 
Location: Big Apple
403 posts, read 363,945 times
Reputation: 565
Yes I saw the car and test drove it. I agreed because apparently they didn't have the title in hand, the car has only been on the lot for 3 days when I bought it. It had just came in and I got a really good deal.. comparable cars were going for $2-3k more. It's just very shady.. but I think I'm going to be firm and tell them they better give me that car or I will sue them. I spoke to a lot of people and this all sounds very shady.. bet they think they can sell it for higher for someone else now.
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Old 01-19-2016, 08:46 PM
 
Location: Shady Drifter
2,444 posts, read 2,764,533 times
Reputation: 4118
Sue them for what, exactly? What damages have you suffered that you can prove?
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Old 01-19-2016, 10:39 PM
 
33,387 posts, read 34,841,834 times
Reputation: 20030
Quote:
Originally Posted by LeagleEagleDFW View Post
Sue them for what, exactly? What damages have you suffered that you can prove?
its called breach of contract. they sold him a car, then sold that same car to someone else later on, probably for a higher price. even in thet give him his money back, they still breached the contract. and according to contract law, they must sell him a similar car at the agreed upon price, or once again breach the contract.
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Old 01-19-2016, 11:00 PM
 
Location: Shady Drifter
2,444 posts, read 2,764,533 times
Reputation: 4118
Quote:
Originally Posted by rbohm View Post
its called breach of contract. they sold him a car, then sold that same car to someone else later on, probably for a higher price. even in thet give him his money back, they still breached the contract. and according to contract law, they must sell him a similar car at the agreed upon price, or once again breach the contract.

If you're talking getting a lawyer, that lawyer needs to be paid. Is it going to work out financially to try and force them to sell him the car? The amount of money it would cost to sue for specific performance would likely be cost-prohibitive versus just finding a new car.

If he's going to sue just for breaching the contract, then again my question is what exact damage has he suffered? Unless OP wants to sue for a $1 judgment and a good feeling.

The contract itself may not even obligate them to actually deliver the car.
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