Legal Question in Consumer Law in Georgia

breach of contract

On April 8 I brought a 2007 Suzski car from Star Suzski in which the first payment is not due until May 15, 2007. On April 7, 2007 the dealership telephoned and said I have to return the car because the bank will not finance a new car. What are my rights since the dealership Breached the Contract. I have made preparations to sell my old car, I have made arrangements to pay bills so I can make the car payments timely, I have put full coverage on the car. Does the law require the dealership to reinburse me for my losses. The finance manager was is contact with the banks, wrote up the contract and it states there is no cooling off period. What can I do to protect myself since they want me to return the car. I do not want a voluntary reposession on my credit report.


Asked on 4/08/07, 7:29 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: breach of contract

Read your documents again. Virtually all dealer contracts provide that the deal is not final until and unless they get approved financing for you. If you don't find it, ask them to point out the provision. In the unlikely scenario they can't do it, tell them you expect to honor the contract. Taking it back, if you have to, is not a repossession.

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Answered on 4/08/07, 7:36 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: breach of contract

Your post makes no sense. You indicate the dealer called you to return the car a day before you bought it. That's impossible. It is also unlikely that you bought a car today and got a phone call today either.

I'm going to assume you actually bought it previoulsy, and ity sounds like you messed up badly. It is always a bad idea to buy a car as you did.

The proper way is to get preapproved for a loan first, and THEN start car shopping.

In your case it appears you did a sale conditioned on being approved for financing, and took the car home before final approval. (We can't say that for sure without seeing the contract, but that is what almost all dealers use). In such a case you must return the car unless you can show up at the dealer with the full price in cash (which you could do with your own loan if you can get one immediately elsewhere).

The law does not require the dealer to reimburse you, but in some cases, depending on the contract, you may have a liability to the dealer for the use of the car in the interim.

You also will likely get pushed to accept a sub-standard loan at a much higher rate, if they can find that for you (and that is usually an even worse idea than letting the dealer find financing for you).

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Answered on 4/08/07, 8:28 pm


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