Legal Question in Civil Litigation in Louisiana
Car Sales Manager
The car salesman, finance manager, and I agreed to a price on a 1997 car. I wrote a check for the down payment, credit was approved, all papers were signed. I went back to work awaiting a call from the dealership that the car had been preped and was ready for pick up...instead I received a call stating that the dealership had made a mistake and could not sell the car at the price we had agreed upon."Would I like to renegotiate and purchase at a higher price?" It has been a week of haggling I think they sold the car.
What are my alternatives??
2 Answers from Attorneys
Ready to Drive????
I have questions about your situation, the answers to which do not appear to be readily-contained in your initial message: Did you get copies of all the papers you signed after the original deal was made? Do you still have them? Have you signed or told the dealer anything more since then? Was your credit really approved? Was you downpayment check good?
If you got copies of all the papers originally signed and they were signed by a dealer rep. &/or sales manager and the originally-agreed-upon price is clearly indicated on those signed papers, you probably have a valid contract, assuming your financing was truly approved, your downpayment check was good and that you have not signed anything further since then which would negate the first contract (i.e., new contract or new deal, etc.). If there is a valid contract, you MAY be able to force the dealer to sell you the car (or a comparable one if it has already been sold) at that price.
Based on the information you supplied, you should definitely consult with a lawyer and bring all your documents, cancelled check, etc., for review. Waiting or trying to re-negotiate may jeopardize your rights. I do not give legal advice over the internet or telephone--only during a one-on-one office consultation (for which I charge $50.00 for one half hour). Whether you contact me or another lawyer, you DO have rights but not acting and/or consulting with a lawyer may cause you to lose some/all of them. Good luck.
Breach of Car Sales Contract
I read with interest your problem and Attorney Lemmler's response. I generally agree with him, but would want to review the paperwork before making a fully educated opinion. My guess is that the dealer simply got a better offer. You may file a petition for Breach of Contract, Negligence, Fraud, and Civil Conspiracy. Filing fees are a few hundred dollars and I charge $75.00 dollars an hour to draft and prosecute a claim. I do not charge for the initial consultation. There is no guarrantee how much time it would take to complete the suit. This is not a personal injury type case where an attorney would take a percentage of the recovery, if any. You need to weigh the cost of a suit against how much you may have lost on the deal- how much more you would have to pay another dealer for the same car. Good luck!
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