Dealer swap/signed contract

F

Flwrs

New Member
Jurisdiction
Texas
Over the weekend, I made a deal with a local dealership to bring over a vehicle I wanted from a sister dealership in a different city (same state). I was told I had to sign a contract with my trade in value and the price we agreed on for the new vehicle before making arrangements to bringing it over. Before I left the dealership I signed a form stating the vehicle must be in perfect condition once it arrives, I spoke to finance and signed all documents needed. However, they refused to provide copies until the truck was delivered and I picked it up. I left my car there and they gave me a loaner car for the weekend and I was supposed to pick up the truck today.
I got a call today from the dealer saying that the sister dealer had sold the truck that we had already signed a contract for.

What can I do ? Can I sue them even though I don't have the copy of the contract ? Are they obligated to have the vehicle made just as I want with the terms we agreed ? Can they dispose of any evidence this ever happened ?
 
Flwrs said:
However, they refused to provide copies until the truck was delivered and I picked it up.
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Red alert! Red alert! Take cover! Run! Hide!

If they won't give you a copy of a document your are signing, then don't sign it.

What can I do ? Can I sue them even though I don't have the copy of the contract ? Are they obligated to have the vehicle made just as I want with the terms we agreed ? Can they dispose of any evidence this ever happened ?
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This may depend on the language of the document you signed. I would expect so long as they substitute an identical vehicle at the same price your deal is valid. I would return and insist upon a matching alternate being delivered immediately.

You could also ask about the return of your trade in, but that probably isn't really what you want. If you pursue that option or otherwise walk away expect to pay a daily fee for the loaner vehicle you've been driving.


I assume you have at least paid a down payment. Until you take delivery of the vehicle you are promised you have some leverage to work with. Maybe they will throw in some extras for the inconvenience of selling the other vehicle and making you wait longer.... In fact you should demand it.
 
mightymoose said:
Red alert! Red alert! Take cover! Run! Hide!

If they won't give you a copy of a document your are signing, then don't sign it.



This may depend on the language of the document you signed. I would expect so long as they substitute an identical vehicle at the same price your deal is valid. I would return and insist upon a matching alternate being delivered immediately.

You could also ask about the return of your trade in, but that probably isn't really what you want. If you pursue that option or otherwise walk away expect to pay a daily fee for the loaner vehicle you've been driving.


I assume you have at least paid a down payment. Until you take delivery of the vehicle you are promised you have some leverage to work with. Maybe they will throw in some extras for the inconvenience of selling the other vehicle and making you wait longer.... In fact you should demand it.
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They told me they wouldn't provide the copies after I signed it. Yes, my mistake either way.

I had never been in this situation and I assumed they would provide the copies since that's what is normally done after a contract is signed with a major dealership from past experiences.
I will try to remain calm and not go crazy on them. But they can definitely forget about me paying any kind of loaner fee if they try to do that.
Thanks for the advice.
 
From what you describe it probably isn't too late to walk away.
They will likely bend a bit to save the sale. Don't let them have their way with you. You aren't at their mercy.

Walking away won't necessarily get your trade in back though.
 
I didn't give them a down payment as I opted for 0 down. But I'm going to get my car back and taking my business elsewhere.
mightymoose said:
From what you describe it probably isn't too late to walk away.
They will likely bend a bit to save the sale. Don't let them have their way with you. You aren't at their mercy.

Walking away won't necessarily get your trade in back though.
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didn't
 
You should be able to walk away with your trade-in. They do not have a valid contract because the contract they have is for a vehicle they cannot deliver. It happens. Even though it is a sister store, they really couldn't control whether that store would sell the vehicle. If it was after business hours they could have been relying on inventory information that was not current. It happens.
 
txls said:
You should be able to walk away with your trade-in. They do not have a valid contract because the contract they have is for a vehicle they cannot deliver.
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We don't know that for sure. I suspect the contact signed is missing a VIN. They can likely find an identical vehicle elsewhere.
 
Welllll, maybe. I know with most dealer systems the computer will not generate a contract without a VIN.
 
There was no money down, but the trade in could be viewed as consideration.

I bet they will be more than willing to smooth this over and save a sale. It's a good opportunity for some freebies added on to a deal the buyer was already satisfied with.
 
I was able to walk away with my car back. The contract was shredded. They did make attempts to find me similar vehicles but I told them I didn't want any business with them. The manager was very apologetic.

Thank you all.
 
Very good. Now keep in mind the same thing could happen elsewhere, so to avoid that try to find something in stock. Good luck
 
OR.... If you know where the vehicle is located then go to that dealer. These days you can view inventory online to help decide where to want to go.
 

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