My jurisdiction is: California
I entered into an agreement with a car dealership to purchase a new car. It's an extremely popular car (new Camaro), and there is a wait of several months to get them from the factory.
Several months ago, the dealer gave me a written, signed offer to sell the vehicle at MSRP. I accepted the offer, and put down a deposit of $1,000.
Now it is several months later. Dealers have discovered that if they have the car on the lot, they an sell it for several thousand dollars above MSRP.
My car just arrived, after months of waiting, and now the dealer says he will not honor our contract. He is demanding $3k above the MSRP we agreed upon, or will else he will cancel the contract (and likely sell the vehicle for $5k-10k above MSRP).
The dealer claims he can just back out of the deal, and all he has to do is give me my deposit back. Can this possibly be true?? Isn't this a straight-up breach of contract claim, with damages equal to Market Value - MSRP?
Moreover, if the dealer did not intend to honor the original offer when he made it, wouldn't that be fraud?
I entered into an agreement with a car dealership to purchase a new car. It's an extremely popular car (new Camaro), and there is a wait of several months to get them from the factory.
Several months ago, the dealer gave me a written, signed offer to sell the vehicle at MSRP. I accepted the offer, and put down a deposit of $1,000.
Now it is several months later. Dealers have discovered that if they have the car on the lot, they an sell it for several thousand dollars above MSRP.
My car just arrived, after months of waiting, and now the dealer says he will not honor our contract. He is demanding $3k above the MSRP we agreed upon, or will else he will cancel the contract (and likely sell the vehicle for $5k-10k above MSRP).
The dealer claims he can just back out of the deal, and all he has to do is give me my deposit back. Can this possibly be true?? Isn't this a straight-up breach of contract claim, with damages equal to Market Value - MSRP?
Moreover, if the dealer did not intend to honor the original offer when he made it, wouldn't that be fraud?