Legal Question in Consumer Law in Florida

Purchase Contract with Dealers

On monday I went to a boat dealer and purchased (written contract and deposit) a 2007 Bayliner 185 used with 17 hours on it. I put down a 500 deposit as I am paying for it in cash and we were going to do the water test on Saturday. They next day the GM of the dealer calls me up and says the boat was sold previous to someone else, although my sales guy when I was there checked and said there was no contract on the boat before we looked at it. My question is can I hold them to the sales contract that I have and make them find me another or eat any extra cost? My sales contract says I bought a boat from them and there is no wording about being sold previously in any of the legal work you think they would know that before they sell it especially when checking it???? Can they just void a cash sale that easy, do they owe me my boat? if not why have a contract?


Asked on 7/05/07, 2:09 pm

4 Answers from Attorneys
Johm Smith tom's

Re: Purchase Contract with Dealers

I'd have to read your contract, but you make it sound like you have a strong case.

Read more
Answered on 7/05/07, 2:53 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Purchase Contract with Dealers

They owe you a boat at the price you contracted for. Tell them to get one for you. if iy costs them more, they eat any increase.

Read more
Answered on 7/05/07, 4:23 pm
Michael Stewart Michael D. Stewart

Re: Purchase Contract with Dealers

From what you say, and depending on the contract, they should have to compensate you with the same or similar boat at the same price, perhaps even with costs, etc. (depending on the contract).

Read more
Answered on 7/05/07, 6:07 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Purchase Contract with Dealers

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The terms of your contract will be controlling. Since you had the right to a water test on Saturday, it is possible that there were contingencies in the contract that might relieve you or the dealer of any responsibility to complete the contract.

You should consult with an attorney who can review the contract and advise you of your legal rights under the same. If it is a binding agreement, you may very well be entitled to enforce the terms of the contract with the dealer having to provide a similar boat or a new boat under the same financial terms.

Scott R. Jay, Esq.

Read more
Answered on 7/05/07, 6:50 pm


Related Questions & Answers

More Consumer Law questions and answers in Florida