Breach of Contract

[diawolo]

I purchased a car in Nov. 2007 I was promised $400 in gas card to be recieved 4-6 weeks after the purchase. I have this in writing on a we owe slip

I never got the cards. I called the Manager and even visited him mid early March and was given a lame excuse and an pology and re assurance that I would have them by 4/15 well. It is 4/23 and no cards I have called the Manager several times and he is not returning my calls.

I am really upset so now I want to return the car back to them for not complying with all terms and I want my down payment money back.

What can I do?

Thank you.

 

[presutin]

is there anything wrong with the car? If so, then see what the lemon laws are in your state, but if you want to return the car just because you didn't receive the gas card, then you don't have grounds to stand on. I suggest that you take your claim to the small claims court so you can file a claim for the $400 dollar gas card that was never sent to you. Good Luck!

 

[diawolo]

Part of Deal

Thanks for the repsonse.

The gas cards were part of the deal and one of the reasons I kept the car.

I was sold the car and I took delivery as a new car only to find out that someone else had already had that car. I went back to the dealership and told them that I wanted a new car as per the contract. They told me that the car had not been registered thus it was "legally" a new car.

I insisted on getting the same car but new or I would keep that car but at a discounted price.

So that I would keep the car I was given a few upgrades/accessories to the car in addition to the promise of the gas cards.

I kept the car under these condition. They did not keep up thier end so they did not live up to the contract.

Please let me know your thoughts.

Thank you

 

[presutin]

You should file a claim in small claims court to obtain the $400 gas card that was part of the deal. I suggest that you try mediation first - it works more often then not. If the parties don't come to an agreement during mediation, then proceed with filing the claim. Good Luck!