Legal Question in Consumer Law in Virginia

I purchased a new vehicle on march 7th 2014 from a jeep dealership. The vehicle at the time was not at the dealership and was told it would arrive within 3-5 business days. It's now been close to 2 months and the vehicle is still not in. Additionally they do not know where it is or when it will arrive. I want to terminate the sale but was told I cannot because of the original signed contract/bill of sale. Is there a time limit where contracts like like can be terminated and What are my options.


Asked on 4/25/14, 1:40 pm

1 Answer from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

Hello there--let's take a close look at the contract document you signed, then at the language of any other document it refers to. If the language prohibits your revocation of the deal in circumstances like these, we look at that very carefully to see what other options we have. If all documents your signature showed agreement with are silent, then some sort of rule of reason should apply. That's how the contract claim would proceed under common law.

There's also a potential claim under the Va. consumer protection statute, Va. Code 59.1-200, see http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+59.1-200, whose catchall subsection (A)(14) makes unlawful--and lets you sue to challenge--the "[use of] any [ ] deception, fraud, false pretense, false promise, or misrepresentation in connection with a consumer transaction." I can also see tricks we could employ under the motor vehicle dealer licensing regs, see http://www.mvdb.virginia.gov/forms/files/MVDB-31.pdf, that might hurt the dealership more than it realizes.

Contact me if you'd like to explore this. Our rates are competitive and our service is second to none, if I do say so myself. --Steve Pershing.

Stephen B. Pershing, Esq.

The Chavers Firm, LLC

1250 24th St., N.W., Ste. 300

Washington, D.C. 20037

(202) 467-8324

[email protected]

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Answered on 4/25/14, 3:46 pm


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