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I signed a contract and put a down payment on a
Sent to Legal Experts October 20 12:03 AM

I signed a contract and put a down payment on a used vehicle. I submitted the contract to my financial inst. and was approved and given a check but now the salesman saids he cannot sale the vehicle because someone's realitive within the company wants the vehicle. I would like to know if what this dealer wants to do is legal and do I have any recourse?

 

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chicago, Illinois

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nothing at this point

Customer (name blocked for privacy)
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October 20 12:26 AM (19 minutes and 54 seconds later)
         
Reply to Lawyer, Broker 's Post: I submitted the sales contract to my financial institution and was gived a check for the cost of the vehicle.
Answer
October 20 11:09 AM (10 hours and 43 minutes and 22 seconds later)
         
ACCEPTEDCheck Mark
Thank you for your reply. Since there is a contract, the vendor has no right to breach it's terms. An agreement has been created and you can file a lawsuit against them for breach of contract if they fail to follow through with their side of the bargain.

Alternatively, you can see if they are willing to settle with you by giving you an upgraded (more expensive car) for the same price....if so, make sure they put this in another contract. If they are not willing to work with you, then you have the right to enforce the contract for its original terms.

Finally just to be safe, double check the sales contract and make sure there is no rescission clause ( a clause that would give either party a certain period of time to cancel the entire contract without any legal obligation), if there is such a clause make sure the time to cancel has expired or else they would be able to cancel the contract without any cause of action.



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