Bait and switch?

[John Smith]

Jurisdiction

Arkansas

Hello,

I went into a dealership and looked at vehicles, I told the sales person what I was looking for during a phone call several days later and was told they did not have that particular version of the vehicle there but could locate one and get it. Later that day I was told they had located the version of vehicle I wanted and what the cost was. I brought in 2 of my vehicle I was going to trade in the amounts were agreed upon, so I pulled the trigger and did the deal. I waited several days then was told they couldn't supply the vehicle as the dealership it was at had sold it. When I asked what date it had been sold was I didn't receive an answer. I have all the paperwork with the vin number of the vehicle I wanted to purchase now I'm being told there isn't any of the version in the color I wanted available. Do I have a case it what is my recluse in this situation?
Thanks

That should be do I have a case what is my recourse?

 

[army judge]

No, you would only have a case if you had a contract.
The damages you might be able to collect are spelled out in the contract.
Otherwise, I see nothing which indicates to me that you have suffered any losses.
Yeah, you don't have the vehicle, but they don't have your money either.
This is simply a situation where the item you wanted to buy wasn't available to sell.
If you believe you have a properly executed contract, visit a lawyer and see what he or she has to say.

 

[John Smith]

I do have a signed contract along with a purchase order that has the VIN number of the vehicle as well.




I do have a contract along with the purchase order that has the VIN number of the vehicle.

 

[txls]

What recourse do you want? If the vehicle is sold to another customer at another dealership, do you really think they're going to yank it from that customer to give to you? I'm sure they had a verbal agreement to purchase the vehicle from the other dealership. The other dealership had a retail buyer come in and want to purchase the vehicle, so they backed out of the agreement to sell to your dealership. It happens.

 

[John Smith]

What recourse do you want? If the vehicle is sold to another customer at another dealership, do you really think they're going to yank it from that customer to give to you? I'm sure they had a verbal agreement to purchase the vehicle from the other dealership. The other dealership had a retail buyer come in and want to purchase the vehicle, so they backed out of the agreement to sell to your dealership. It happens.

Did you not read my complaint?? I realized they won't pull the vehicle from another person who may have bought it I'm not an idiot. My complaint is how can a dealership take my money sign a contract all the while knowing they my not be able to fulfillMy the agreed upon contract? If you don't have any else to add thanks

 

[txls]

Yes I read your complaint. It is very rare that this happens. Probably 99% of the time the sale goes through just fine. You didn't answer my question. What recourse do you want?

 

[John Smith]

I suppose if like the to honor the agreement either by getting a similar jeep withbthe same options or a monetary incentive or a better jeep with additional options... All of which I think are reasonable


I just guess a mans word and the contract that was written up isn't worth spit anymore...

 

[army judge]

I suppose if like the to honor the agreement either by getting a similar jeep withbthe same options or a monetary incentive or a better jeep with additional options... All of which I think are reasonable

You start by suggesting your solutions to the dealer.
Did the dealer refund your money?
Did you take the refund?

 

[txls]

You can ask, they can say yes, no or try to meet somewhere in the middle. Or you can take your refund, take your two trades and walk away and go elsewhere.

 

[txls]

The problem with this particular contract is there was an element(the procurement of the vehicle) that was beyond their control and there's just no way to enforce the fulfillment of the contract with the exact vehicle. The possibility should have been mentioned to you. Hopefully they will work with you to find something similar or perhaps a bit better.