Dodge Challenger Forum banner

1 - 10 of 10 Posts

·
Registered
Joined
·
47 Posts
Discussion Starter #1
Hey guys,
my brother in law just got into the sheet metal workers union and I got him a job with my company. He needed a reliable, cheap car. We went to the car dealer, bought their ad car(new car), signed the contract. Upon pre delivery inspection, we noticed swirl marks on the whole thing. It appears that the car has been buffed before, and the paint was dull and oxidized. This is a brand new car, and should not look like this. Anyway, they wanted to follow me to my house to get a check for the down payment, he has no credit so I helped him out with money down. I told the dealer we would not take delivery of the car unless it was perfect. They said they would buff it out and we can pick tomorrow(today).
My question is, am I still required to take delivery of the vehicle? I have not given them the down payment, or taken the vehicle off the lot. All help would be greatly appreciated.

Matt
 

·
Registered
Joined
·
976 Posts
Depends on the contract. Based on my contract law classes, generally speaking their writing the contract is an offer, you signing it is an acceptance. The exchange of consideration (your down payment, their provision of the car) comes after the contract is already valid. In other words, unless the contract includes some sort of provision for inspection/rejection/cancelation of the contract based upon dissatisfaction with the car, then you may be in for a fight. The dealer may also have policies, like a 3 day return policy, or something like that which would impact the outcome as well. All that being said, parties are usually required to disclose known or reasonable should be known latent (hidden) defects but are not required to disclose patent (obvious) defects. Poor paint is clearly an obvious defect that you would have known just by looking at it - HOWEVER, if the agreement was for them to bring in the vehicle which was not available for you to inspect, then arguably everything would be a latent defect requiring disclosure as you couldn't have seen the paint ahead of time. If that's their business model though, I expect there is some provision for post-delivery inspection in the contract which may address this problem.

If I were you, I'd go over the contract with a fine-tooth comb, see what sections relate to your situation, and go from there. It sounds like they're trying to make things right though, so they may be willing to make reasonable efforts to make you happy.

Good luck!
 
Q

·
Guest
Joined
·
0 Posts
Unless they have a signature outlining your agreement, no you have no obligation.

The thing about the buffing..... I've been in the auto restoration business for a while and buffing out a new car is a sign there may have been some type of paint repair. New cars rent going to oxidize. That's BS.

Sent from AutoGuide.com App
 

·
Registered
Joined
·
47 Posts
Discussion Starter #4
Ok, they wouldn't give us a copy of the contract untill they received their down payment. If my brother in law tells them he can't come up with the money down, we can't buy the car, correct?
 

·
Registered
Joined
·
976 Posts
Ok, they wouldn't give us a copy of the contract untill they received their down payment. If my brother in law tells them he can't come up with the money down, we can't buy the car, correct?
Wow, between the oxidized 'new' car and this paperwork issue, it sounds like something shady is going on here. First, signing something without getting a copy of it is never a good idea, particularly when it's a big item like this, and if it's a legit contract they should be happy to provide you with your copy since it would spell out what your obligations are under the agreement and obviously they want you to fulfill your side of the contract. I'm wondering if it was really a contract; they may not want you to have it because it doesn't legally bind you to anything. Was it a full contract which listed specific VIN, price, taxes, etc? Or was it just a written-out agreed upon final price for a particular configuration?

I don't know man, you may want to walk away from this whole mess, but there is a risk of it being a legitimate contract to which you could be held and they could try to enforce it. If you have legal counsel it may not be a bad idea to contact them.
 
Q

·
Guest
Joined
·
0 Posts
Wow, between the oxidized 'new' car and this paperwork issue, it sounds like something shady is going on here. First, signing something without getting a copy of it is never a good idea, particularly when it's a big item like this, and if it's a legit contract they should be happy to provide you with your copy since it would spell out what your obligations are under the agreement and obviously they want you to fulfill your side of the contract. I'm wondering if it was really a contract; they may not want you to have it because it doesn't legally bind you to anything. Was it a full contract which listed specific VIN, price, taxes, etc? Or was it just a written-out agreed upon final price for a particular configuration?

I don't know man, you may want to walk away from this whole mess, but there is a risk of it being a legitimate contract to which you could be held and they could try to enforce it. If you have legal counsel it may not be a bad idea to contact them.
Actually, it's after the negotiating is finished up and a price is agreed upon that you will sit down with finance and do the signing and viewing of the contract. A contract isn't going to be given to anyone (especially a copy) until after everything has been signed and you have the keys in hand.
 

·
Registered
Joined
·
976 Posts
Actually, it's after the negotiating is finished up and a price is agreed upon that you will sit down with finance and do the signing and viewing of the contract. A contract isn't going to be given to anyone (especially a copy) until after everything has been signed and you have the keys in hand.
I agree, I am trying to figure out if he really signed a contract or just a written price offer. If they won't provide a copy it is more likely it's not a binding contract, but there is no way for you or I to know for sure.

Sent from AutoGuide.com Free App
 
Q

·
Guest
Joined
·
0 Posts
I agree, I am trying to figure out if he really signed a contract or just a written price offer. If they won't provide a copy it is more likely it's not a binding contract, but there is no way for you or I to know for sure.

Sent from AutoGuide.com Free App
If it's just a price offer or a price agreement then there's nothing binding at all. They definitely won't allow you to take that piece of paper with you when you leave the dealership either. Lol. No way.


No matter the circumstances, go somewhere else and feel comfortable with the situation rather than asking for our opinions. We're only speaking from our own personal experience. Go with your gut feeling. :icon_wink:
 
1 - 10 of 10 Posts
Top