QUESTION

Car sales problem

Asked on Jun 16th, 2015 on Consumer Law - Colorado
More details to this question:
We purchased a used car from a dealer. Completed sales contract so we started insurance, went and got registration and temporary license plate. we received a call from sales person and he said he made mistake. The car was already sold to another person, so he would like to void sales contract. We already have registration and temp license. We have not picked car yet. We believe we have right to pick up car and keys. Please advise.
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1 ANSWER

Construction Law Attorney serving Greenwood Village, CO at Cyrus Rajabi, Attorney at Law
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The registration and temporary license is not controlling.  The sales contract is what controls and it appears that is complete. Assuming the dealer has already signed the contract, the dealer is not permitted to simply require you to "void" the sale.  That being said, if the dealer has, in fact, actually already sold the vehicle to another person, the question is how the dealer can make the situation "right."   You should ask to see a copy of the other sales contract to ensure that it pre-dates your agreement.  If the dealer has, in fact, previously sold the vehicle to another buyer, the dealer would no longer have the authority to transfer the vehicle to you. Assuming the vehicle has already been sold to another buyer, I would encourage you to work with the dealer to see if they can provide you with another similar vehicle, together with a significant concession on the price to account for the lost time, frustration, expense, etc.  Most dealers will try to do the right thing. If the dealer does not work with you to make the situation "right," you can contact the Automotive Industry Board (which regulates dealers in the State of Colorado), the Better Business Bureau, or an attorney to escalate the matter. Hope this information is helpful.
Answered on Jun 16th, 2015 at 1:30 PM

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