Breach of original contract

[markhog]

I presently am working with GM to repurchase the vehicle I bought from a Chevrolet dealership 6 months ago. I accepted the buy back however, I am not satisfied with the amounts they are to give back to me. The dealership is handling the transaction and they are subrating the overage that they paid for the vehicle I traded in. My problem is I signed the contract that stated I was to get 45,000 for the vehicle I traded and they now are reducing it to 39,000. My question is that legal for them to breach the contract I originally signed for the trade in and now give me less than what was orriginally agreed upon?

 

[Michael Wechsler]

The question isn't whether they can breach the contract. Once a party is in breach of contract, the injured party has remedies as a result of the breach, including potentially terminating the contract for a material breach of the terms of the agreement. I would doubt that the auto dealership would change the terms of the deal so substantially without pointing to some term or provision in the contract which allows them to do what they have done. While it's possible that they don't have such a right, you will probably want to discuss it with them and confirm why it is that they think they have a right to reduce the value of the trade in on the vehicle. If they sent you different paperwork and haven't signed it yet, then the contract is not in existence yet and the terms are not binding. If you signed, contact the auto dealership to discuss. We don't have the actual agreement here so it's impossible to provide you with more guidance.