Legal Question in Consumer Law in Florida

Signed contract for purchase of new automobile

I went to a new car dealership to buy a new car. That dealership did not have the color I wanted so they did a locate and found one about 4 hours way. All the info on the car was faxed to my dealership. All papers were drawn and signed. All that had to be done was for a dealership person to go get the car and bring it for delivery. In about four days I was notified I would have to come in and select a different car that someone sold my car. I have all the paperwork stating I own the new car. Now they want me to select a different car without the same program discounts because the program period is past. The car they are offering is $2000 more than the one I bought. Do I have any recourse? Shouldn't they be doing something to honor the signed contract?


Asked on 11/04/02, 7:11 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Signed contract for purchase of new automobile

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 information, 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.

Effective October 1, 2001 the legislature has enacted new laws governing dealerships and specific deceptive and unfair trade practices, for which your case sounds like it may fall within. Since it is a relatively new and long statute I would need to look at it again, and see if any provisions apply to your facts. Furthermore, you may have a claim for a breach of contract and specific performance. I have handled consumer fraud cases before against dealerships. What is the name of the dealership in your case?

Randall L. Gilbert

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Answered on 11/04/02, 10:06 pm


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