Dealer Unable to Deliver Specific Car Listed in Contract

[LAMDC]

I just purchased a new car with a specific VIN number listed in the contract. The dealer was supposed to obtain the car from a neighboring dealership. However, the car promised to me was sold by that other dealership. Now my dealer wants to substitute a different car from a different dealership over 100 hundred miles away except that rather than shipping the replacement vehicle, the dealer wants to have someone drive it to the local dealership (thus putting over 100 miles on the car and risking dings and scratches along the way).

1) While such a vehicle remains still technically new, am I legally obligated to accept the replacement car?

2) Since the dealer wants me to sign a new contract for the replacement car, it is my impression that the dealer is guilty of a breach of contract for failing to deliver the specific car listed in the contract. Would that entitle me to a refund if that's what I preferred?

 

[disagreeable]

1. No.

2. Yes.

I would require the dealer trailer or dolly it, if you are actually worried about a few miles on it.

 

[Betty3]

If the replacement vehicle is exactly the same (acceptable to you), I would ask that it be delivered by a means other than someone driving it. You don't have to accept the replacement vehicle though.

 

[LAMDC]

Thank you for the replies. I ended up having an ugly confrontation with the sales manager. He claims the right to cancel the contract and says that my refund "check is in the mail." If it's not, I'll have to start another post.

 

[army judge]

Nothing is ever gained by bullying or arguing with people, often times more is lost.




Sent from my iPad3 using Tapatalk HD

 

[Betty3]

Well, at least you're getting your money back (hopefully). You can go elsewhere a buy a vehicle.