New Car Lease issue

MrsC0207

New Member
Jurisdiction
South Carolina
Hi,

I spent numerous hours with a local car dealer over the weekend whereby they found a car from another dealership that met all the requirements I was looking for. We subsequently signed and agreed all the paperwork, lease agreement, title for my trade car, finance etc. I was looking forward to collecting the vehicle tomorrow as it was due to be transported to their dealership for me to collect.

I received a telephone call last night advising me that the other dealership sold the car and that therefore I can no longer have it and our agreement is null and void. They've advised me they will try and find me another car that I may like.

Now obviously the car I want was the one that I agreed finance etc on but apparently can no longer have. I have said I expect them to find me a car that is at least the same spec as the one I was having and that I would not be expecting to pay any additional cost (even if the price is higher). My question though is; can they do this? Do I have any legal position on this? Surely there must be some breach of contract or something?

I would really appreciate advice on where I stand legally before I next speak to them.

Many thanks.
 
This is normal. It happens all the time. Despite the contract it was not yet your car.
Keep up your search and you will find something that works for you.
 
Yep it happens. They had no control over the other dealer, and they can't give you something they don't have.
 
I would really appreciate advice on where I stand legally before I next speak to them.

The best approach, if you like the deal and the dealer is be nice.
Acknowledge that the what the dealer did is beyond the control of the dealer with whom you engaged.

Ask the dealer to see if another vehicle can be located within the next 48 to 72 hours.

Remind them that you have other options but wish to work with them, if they wish to continue working with you.

Millions of automobiles are made every year all across this planet.

There is nothing that special about any of them, so remaining flexible is your best approach, unless you appear anxious and eager and the enemy will gouge you to the financial backbone.
 
Now obviously the car I want was the one that I agreed finance etc on but apparently can no longer have. I have said I expect them to find me a car that is at least the same spec as the one I was having and that I would not be expecting to pay any additional cost (even if the price is higher). My question though is; can they do this?

You're very naïve if you think that's going to happen.

Do I have any legal position on this?

No.

Surely there must be some breach of contract or something?

No.

I would really appreciate advice on where I stand legally before I next speak to them.

My advice: Don't speak to them at all. If you can't find the car you want at THAT dealer, go find it at another dealer and make the deal there.

It was foolish letting the dealer order the car from another dealer.
 
"It was foolish letting the dealer order the car from another dealer." It wasn't. People do it all the time with no issue at all. It allows them to buy from their local dealer.
 
I realise they can't give me a vehicle they don't have but surely they shouldn't get me to sign all the finance and other contractual paperwork as well as the documents to sign my car over in trade if they haven't confirmed they have the vehicle? Surely it's beach of a contract and illegal?
"It was foolish letting the dealer order the car from another dealer." It wasn't. People do it all the time with no issue at all. It allows them to buy from their local dealer.

Thank you. I thought it was common practice...
 
They get you to sign all of the paperwork because they don't want to go to all of the time and expense of getting that vehicle brought in and then you change your mind. It is a common practice, which should tell you it is not legal. The car business is very regulated with lots of agencies scrutinizing our practices. If it was illegal, someone would have put a stop to it.
 
They get you to sign all of the paperwork because they don't want to go to all of the time and expense of getting that vehicle brought in and then you change your mind. It is a common practice, which should tell you it is not legal. The car business is very regulated with lots of agencies scrutinizing our practices. If it was illegal, someone would have put a stop to it.

My main observation is that I would have expected them to have ensured they had secured the vehicle from the other dealership before getting all contracts done. They may not want to waste their time but happy to waste hours of mine. And from what you state it's acceptable for them to do that - bet I wouldn't have been able to suddenly change my mind once that paperwork was signed!

In any event, thank you for answering my questions. I am surprised at the answers but it is what it is....
 
What happened is they thought they had it secured. Then they signed you up. Then the other dealer said sorry you can't have that vehicle.
 
Allowing a dealer to obtain a vehicle for you from another dealer's inventory is a convenience. That convenience usually costs several hundred dollars and gets rolled into the financing and is hardly noticed. It makes more sense financially to go to where the vehicle is and purchase it there, but that isn't an option for everyone if they are determined to get a specific vehicle.

There is no breach of contract here because the contract was not yet complete (regardless of the signed documents). The dealer you made the agreement with did not yet have possession of the vehicle and could not make delivery to you. Had you taken delivery of the vehicle things would be different.

Being that it was a holiday weekend I imagine the status of the vehicle was easily miscommunicated and the problem was discovered until the paperwork caught up.
 
What happened is they thought they had it secured. Then they signed you up. Then the other dealer said sorry you can't have that vehicle.

I've since established they did not contact the other dealership at any point in time. It appears they got me to sign documents knowing full well that no car was available in order to push me down the route of ordering a new one. This may not be illegal but it's certainly not professional and in my opinion is morally wrong and very poor practise.
 
Ah, well that may be the way some dealerships do things. I understand your frustration. In their defense I imagine what they did was rely on the other dealers inventory listing online which may not have been up to date. I would say if you feel that they are unprofessional then maybe it's best that you found out now and you are free to shop elsewhere.
 
Ah, well that may be the way some dealerships do things. I understand your frustration. In their defense I imagine what they did was rely on the other dealers inventory listing online which may not have been up to date. I would say if you feel that they are unprofessional then maybe it's best that you found out now and you are free to shop elsewhere.

I agree... And that's certainly what I'm aiming to do. Thanks for your input
 
I've since established they did not contact the other dealership at any point in time. It appears they got me to sign documents knowing full well that no car was available in order to push me down the route of ordering a new one. This may not be illegal but it's certainly not professional and in my opinion is morally wrong and very poor practise.

I doubt that. they would not invest the time if they new the car was not available. It may simply be that they relied on the printed inventory to make the sale, but later when they contacted the dealer they learned it was already sold. Logic suggests they would check to verify the vehicle was available first, but still, it doesn't mean they were trying to pull a fast one (or a reeeaaaalllly slow one).
 
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