Legal Question in Business Law in Massachusetts

Purchase Contract Breach

Placed $500 downpayment on new vehichle at dealership. The vehicle to be purchased resided at a 'sister' dealership..this was on Thursday 9/25, no VIN on purchase contract (was not known at time of writing contractual agreement to purchase). Dealer notified me vehicle was sold to other party over weekend, and that I may have to settle on different interior color, etc.. I would like to know what recourse I have in this matter. Can I walk away and get my downpayment back? Can I pressure the dealership to provide a 'better' deal if I settle for a similar vehicle with different interior? Please advise, I want to know what rights I have with this car dealership.


Asked on 9/29/97, 12:13 pm

2 Answers from Attorneys

Contract rights depend upon the contract. May I call them for you?

I don't know yet what your rights are because I would have to see your contract to be certain. However, I believe I may get you a refund justby calling them, identifying myself as an attorney, and telling them some general principlesof law. I think I will have more success than you might.

Please give me a phone call and be prepared togive me the name of the dealership, your name, address,telephone number, and, if there's a contract number, then that also. I will call them for you and I expect to get your money refunded.

If it's long distance from Newton, please provide me your Nynex credit card number, if you have one.

A single 10-minute phone call (at your expense!) is not worth charging you for.

If you get an answering machine when you call, then just leave the information I requested or else e-mail it back to me.

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Answered on 9/30/97, 4:59 pm
Alan Pransky Law Office of Alan J. Pransky

Ask for return of money

Without seeing the actual contract, it sounds as if you should be able toget your money back and walk away. If you paid by check, it is possiblethat you can put a stop payment on the check. Your actual rights maydepend upon the wording of the contract. I suggest you try asking foryour money.

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Answered on 9/30/97, 11:44 pm


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