Legal Question in Business Law in California
My daughter purchased a car from a dealership. The dealership called her and told her that they can not get financing for her. She takes that car back to the dealership. She ask for the contract with her signature to be returned to her. They told her they can not give it back to her. What does she do to get that contract back?
2 Answers from Attorneys
Your daughter can reasonably demand a copy of the contract, but she cannot demand the original. The dealer is entitled to keep it.
When your daughter entered into the contract, presumably she got one copy and the dealer got another. It is no more reasonable to expect the dealer to fork over its copy to your daughter than it would be reasonable for the dealer to demand that she fork over her copy.
Also, although it has nothing to do with handing over copies of the contract, let's look at who is in breach here. When you agree to buy something, it seems to me that you also assume the responsibility to pay for it. The dealer cannot guarantee it can find financing. Actually, new car financing is rather easy to obtain if your credit is any good. How is your daughter's credit? You probably shouldn't co-sign for her.
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