Legal Question in Business Law in California
deposit
November 03 I ordered a new truck from an auto dealer who wanted $1000 dollars to order it. We finaly agreed on $500.
Before the truck was delivered they called me and said they had gotten in an identical truck but a differant color and asked if I would like to purchase it instead? I drove 50 miles to look at it but there were many differances besides the color. After this and other problems I decided not to purchase from them. Are they entitle to keep my $500 dollars?
3 Answers from Attorneys
Re: deposit
Hell no!
Re: deposit
One cannot be sure without reading all the paper that's been exchanged between you and the dealer. More likely than not, however, it depends upon whether YOU were always ready, willing and able to accept and pay for a vehicle that met your specifications 100%. Sounds like you were, but if you backed away from this dealer after their attempt to foist off a non-conforming vehicle and didn't give them a second chance to make a delivery conforming to your order, you may have defaulted on your agreement. If you were ready, etc. to proceed, you didn't breach the agreement and you are entitled, at minimum, to a refund of your deposit OR delivery of a vehicle conforming precisely to your original order.
Re: deposit
no.
JOEL SELIK
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