New car

Kungfu

New Member
Jurisdiction
Texas
We went to dodge to buy durango. Told them what we wanted, they said they found exactly what we wanted at other dealership in another state and they'd get it for us. We gave them Our SUV as trade in and a giant check. Gave us a vehicle off of lot to drive until ours came in. We signed loan and title papers. Signed all the finance paperwork. They were going to call us Monday when it came in.
Instead, they called and told us the other dealership had sold the vehicle. They mentioned the location of the other dealer , so we called the other dealer and he still has car, says our dodge dealer had no right to sell his vehicle. He's "in process" of getting it sold to a couple. So- our dealership lied to us. We have all the signed paperwork that we bought that vehicle. Our dealership can't find replacement with features we paid for. He's saying they need more money to get a comparable vehicle. He can find one with all our options, but it has options we didn't buy.
I told him we weren't paying a dime more. We have signed contract. They have our trade in. They have our check. We signed the loan papers. I believe I have consideration with them because of all of that. So, I told him he needs to find a comparable vehicle. I told him if he cannot find a comparable vehicle with all of the options without having a bunch of extra options on it, then he should get that one anyway. But I am not paying for more, he can pay for the extras since we have a contract. Or, he can just custom order us a vehicle from dodge with all of the options we selected and paid for. He offered to rip up the contract and start new. I told him Absolutely not, he wouldn't let us out of the contract if we wanted out, so I'm sure the heck not letting him out of the contract.
My question- what else can I do? Tell the dealer I'm going to report the fraud to the DMV and state attorney general? Get a lawyer? The dealer still says he can't find matching vehicle anywhere. Any advice?
 
Read your contract. What does it say happens if the vehicle is not delivered?

At minimum it seems you are due a refund/return of your check and either your trade-in vehicle or compensation for it if it has been sold.

That apparently is not what you want. Check every detail of your contract to know what the terms are. I agree that you should not pay more, and that if you want the new vehicle you should not agree to destroy the contract. You have paid and they need to deliver... but... the contract often leaves the dealer ways out. Read it.
 
The dealer still says he can't find matching vehicle anywhere.

The vehicle is likely out there- the dealer probably just doesn't want to sell it at the promised price.

Curious... 2017 Durango... what are the options promised? I'm curious how easily I can find this vehicle.
 
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The vehicle is likely out there- the dealer probably just doesn't want to sell it at the promised price.

Curious... 2017 Durango... what are the options promised?
Technology package, entertainment package, tow package, blacktop package, 2nd row captain chairs, all wheel drive, power sunroof. We negotiated a good deal, so I'm sure he would have to compensate whatever dealer he gets it from for the difference and he doesn't want to do that.
 
Never buy a car from another state, unless you travel to that state.

You have yourself a mess, especially considering you traded your existing vehicle.

As suggested by Mighty Moose, read your contract.

If you can't understand the details, seek a lawyer to advise you.

You'll probably owe the dealer "something" for using the car he is alleged to have "loaned" you.

Never trade your car until the entire deal is ready to be consummated.
 
Talked to the dealer today. They had already cashed our earnest check. Since he can't find a comparable 2017, he is ordering a 2018 with all the options we wanted -with the understanding that I am not paying a dime more than what is in my contract. They originally gave us a vehicle off of their lot to drive since they took our SUV. I am returning their vehicle tomorrow and taking my trade in back- with the understanding that they will take it back for the amount agreed upon in the contract when the new vehicle comes in in 9 weeks. I'm hopeful...
 
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