Legal Question in Consumer Law in Illinois

We purchased a used car from a dealer on 10/20/10. when test driving the vehicle we noticed damage to the interior door panels. the salesman assured us that they would either replace or repair the door panels.

Fast forward 2 months. After repeated phone calls the sales finally admitted that they determined "new" interior door panels would cost $1,300.00 each. He indicated that we would have to wait until they were able to locate "used" door panels. If we did not want to wait he indicated we could return the car.

1) Is this considered a breach of contract?

2) Can you get our $2,500.00 down payment back?

3) Will Capital One allow us to roll the approved loan over to another vehicle.


Asked on 12/10/10, 9:10 am

1 Answer from Attorneys

Sounds like he's prepared to let you rescind the contract. Can't say if it's a breach because we can't see what the written promise is that they made about the panels. If there's a rescission, you should get your down payment back - but what about transfer of plates and such - and how about the rest of the price -- that should come back too? Capital One? If you used the proceeds of the loan for this car, unlikely. You'd have to get the loan cancelled -- and that may be a problem if interest has accrued - you may still be liable for it.

So there's more info needed but again, it sounds like the dealer will allow you to rescind but you will most likely have to deal with Capital One yourselves.

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Answered on 12/16/10, 6:48 pm


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