Breach of contract

D

Diddle23

New Member
Jurisdiction
Texas
My question is: I was told by the dealership to come sign the contract agreement and pick up my vehicle. I went in on July 28, 2017, signed the contract. But never received a copy of my contract, he said I could pick it up the following day along with the vehicle. I Was told I they could find me an insurance so I paid to put it on that same day, expecting to receive my vehicle the next day. I went the following day and waited an hr and a half waiting for them to get my vehicle and contract, but was told the vehicle was not ready and was not given a contract then either. He told me probably on Mon. because they were doing a "recall". I still didn't get a call Mon. I've been calling and texting back and forth. I have repeatedly asked for a Carfax several times but still waiting for it too. The following week I called to complain bc I hadn't heard anything back from them.

He reluctantly said to come in for a loaner. I came in, I asked for the paperwork to sign for the loaner. But the guy said it was ok I didn't need to sign anything. So I took video and pics of the loaner bc I didn't want to be responsible for the dents and scrapes it had. Well when I got the loaner it kept getting a low tire. I had to pay a guy to come air it up 3 different times bc it went low. That's apart from the times I had to put air in it myself. I took it to the mechanic to check the basics. He told me it probably just needs to be patched and that it needed to get an oil change asap. Well a week later on the 14 of August they called said I needed to get the vehicle in for an inspection. I took the loaner in along with the receipts and a note stating the problems I had with it.
Now the dealership calls said the car will be "ready" on the 29 of August. I asked for my contract and Carfax again 3 days ago and still haven't received anything.But I need to make my payment on the 28th. I really just don't trust them anymore. What I want to know is are they in any kind of breach of contract because they never gave me a contract or Carfax even though I've repeatedly asked for them? Also I haven't even taken possession of the vehicle.
 
Diddle23 said:
What I want to know is are they in any kind of breach of contract because they never gave me a contract or Carfax even though I've repeatedly asked for them?
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Its hard to say for sure.

There could be a breach, but there might not be a contract.

I suggest you call the lender and inquire of the dealer sent the lender the contract.

It could be argued that your actions, although there may have been a breach created what the law calls a "constructed contract", which is an obligation created by equity in the absence of any agreement between the parties to prevent unjust enrichment.

It is also known as a quasi-contract or a contract implied in law.

Until you determine if the lender possess a purchase contract and/or a retail installment contract, anything said is merely a guess.

In the future, don't assume anything until you have in your possession the signed contracts.

As far as CarFax, why not buy your own?
CarFax is not determinative of whether you have a valid contract.

At least that might tell you some of what is happening.

My GUESS is that the dealer has't been able to obtain financing for you.

You might want to pull your credit report and see if there have been dozens of credit inquiries, and what results are available.

What you've described is reminiscent of the problems others reported when a dealer failed to obtain approved financing!
 
army judge said:
Its hard to say for sure.

There could be a breach, but there might not be a contract.

I suggest you call the lender and inquire of the dealer sent the lender the contract.

It could be argued that your actions, although there may have been a breach created what the law calls a "constructed contract", which is an obligation created by equity in the absence of any agreement between the parties to prevent unjust enrichment.

It is also known as a quasi-contract or a contract implied in law.

Until you determine if the lender possess a purchase contract and/or a retail installment contract, anything said is merely a guess.

In the future, don't assume anything until you have in your possession the signed contracts.

As far as CarFax, why not buy your own?
CarFax is not determinative of whether you have a valid contract.

At least that might tell you some of what is happening.

My GUESS is that the dealer has't been able to obtain financing for you.

You might want to pull your credit report and see if there have been dozens of credit inquiries, and what results are available.

What you've described is reminiscent of the problems others reported when a dealer failed to obtain approved financing!
Click to expand...
 
Actually I forgot to say that I have also talked to the financing lender. They contacted me once, but I've called them about 2or 3 times to see if they could find out anything about the vehicle since I wasn't getting anywhere with the dealership. So I know my contract went through. She actually called me and asked how everything was going along with the vehicle, when I told her I hadn't taken possession she was very surprised. I didn't know I could get a Carfax myself I thought it was something only the seller could give. But I will see how to get one myself.
 
Diddle23 said:
Actually I forgot to say that I have also talked to the financing lender. They contacted me once, but I've called them about 2or 3 times to see if they could find out anything about the vehicle since I wasn't getting anywhere with the dealership. So I know my contract went through. She actually called me and asked how everything was going along with the vehicle, when I told her I hadn't taken possession she was very surprised. I didn't know I could get a Carfax myself I thought it was something only the seller could give. But I will see how to get one myself.
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I bet something is wrong with the title.

Maybe something like this example:

Request Rejected

It could be many things, all of which can help you void the contract.


A single Carfax report costs $39.99. Three will cost you $79.99, and five sells for $99.99.

Here you go:

Request Rejected
 
The dealer likely has about 30 days to secure the financing. You aren't quite there yet. If you do have some credit issues I'd expect that to be the hold up.
Personally, I would not make any more payments of any kind until I've received the vehicle. I also would not be running around in their loaner.
Their not providing a copy of the contract you signed is a giant red flag. You should have received that immediately, and before handing over a single penny.
 
I'm curious, what is the year and make of the car and its purchase price?


Under Texas Law, the dealer is required to register and title the vehicle in your name within 20 working days, regardless of whether or not you owe money on the vehicle to the dealer or another financier. As soon as the vehicle is registered in your name, the dealer should provide you with the original receipt from the Tax Assessor-Collector's office.

I think your dealer broke that law, as well as many others!!!!


Our Texas Attorney can help you.

Consumer Protection - Buying a Car Used or New
 
army judge said:
I'm curious, what is the year and make of the car and its purchase price?


Under Texas Law, the dealer is required to register and title the vehicle in your name within 20 working days, regardless of whether or not you owe money on the vehicle to the dealer or another financier. As soon as the vehicle is registered in your name, the dealer should provide you with the original receipt from the Tax Assessor-Collector's office.

I think your dealer broke that law, as well as many others!!!!


Our Texas Attorney can help you.

Consumer Protection - Buying a Car Used or New
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It is a 2014 Jeep Cherokee, after financing I think it would come out to 22000.00 somewhere in that ballpark. It had 34,000 miles. Idk now.
 
Diddle23 said:
It is a 2014 Jeep Cherokee, after financing I think it would come out to 22000.00 somewhere in that ballpark. It had 34,000 miles. Idk now.
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Fair enough, but I just handed you your way out.

You don't have registration or title.

Texas law allows 20 days, and that's elapsed.
 
army judge said:
Fair enough, but I just handed you your way out.

You don't have registration or title.

Texas law allows 20 days, and that's elapsed.
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No I don't have absolutely anything.Does it have to be 20 business days? Bc technically the 24 of August would be 20 business days. But how would I know if they have or haven't registered the vehicle in my name? Is there a way to find out? I have done the Carfax but for some reason I can't login and see the report. Tomorrow I will have to contact them about the report I made on the vehicle. The dealership manager or owner said they don't sell vehicles that have been in accidents, if it comes back that it has would that be false advertising? Thank you for your help and time it it greatly appreciated.. given that the last dealership before this one scammed me out of $500 dollars. Being a single parent with two jobs that is a lot of money. Thank you so much.
 
The carfax is a waste of time. If you wanted that information you should have obtained it before you agreed to purchase the vehicle.
Your local DPS/DMV can help you with registration information. You likely don't have the VIN or any other vehicle info, but they should be able to check any vehicles registered under your name and address.
 
mightymoose said:
The carfax is a waste of time
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Carfax will reveal things that the state doesn't know, especially if the car was titled in more than one state.

Carfax can be very useful.

In Texas, motor vehicle registrations are decentralized with each county issuing the license and the title under the state's auspices.

Its more of a tax collection scheme, rather than a true title history.

With used cars, its very often wrong.
 
The 20 day registration requirement(its actually 30 calendar days) is more about paying the sales tax timely. The state issues 60 day temporary tags so they expect it to take more than 20 day sometimes. The dealer pays a tax penalty after the 30 days. That alone won't negate a sale.
Anyhow, if they haven't delivered the vehicle to you, then there isn't a sale. Go in person and don't leave until you have your vehicle and a copy of your contract, or a refund of your down payment and walk away from this shady business.
 

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