Agreement

[rubygarza]

My jurisdiction is: Texas

I special ordered a car (2010 Camaro) back in April and gave a $1000.00 deposit. The salesman called a month before the car arrived and wanted us to go sign all the paperwork for the financing by month end. I refused to sign the paperwork because the car hadn't even been delivered to the dealership. My thoughts at the time is that I was going to start making payments on a car I have yet to see. We were told in April that it would take 6 weeks to have the car built and delivered. Here it is August, the car just arrived and the salesman sold it right out from under us. We have the paperwork with the quoted price, our name is listed as the owners on the paperwork from General Motors.
Is there any type of action we can take against the salesman or dealership? One other note, the salesman flat out lied to us in early July stating that the car was sitting at the General Motors plant in Arlington waiting to be delivered to them, Just to try in scam us to sign the paperwork. The truth came out that the car was still in another state.

 

[Michael Wechsler]

Yes... if what you are telling me is true and you have a signed agreement, then you can sue the dealership for selling your car. In general, the law is that if an item is specifically custom made and can be identified, then you have a right in ownership to that item. However... you didn't sign the paperwork. Although that isn't completely going to cause you a problem since you made a payment on the agreement (which could also questionably have bound you to the terms of the contract.) Can you get your money back? Why don't you do so and just go elsewhere?