QUESTION

Purchase of used vehicle

Asked on Aug 14th, 2018 on Breach of Contract - Wisconsin
More details to this question:
Put $100.00 down on vehicle August 10th to hold till 15th to pick up and pay final amount. This is from a small dealer. Now he’s making excuses saying car had electrical issues, then he said taking it to auction. This all happened on the 14th. He signed a paper saying he would wait till August 15 for full payment of vehicle. Now he’s trying to get out of it saying all this and I can have my money back. I want the car. It was in great working condition when I left it on August 10th. Do I have any rights or even a leg to stand on.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If your contract says what you say it does, i.e. that you were giving the dealer $100 to hold the car until the 15th with no contingencies, then the dealer has no right to sell the car out from under you HOWEVER since the dealer is willing to give you your deposit back you will have a hard time showing that you suffered any monetary damage from the brief.  You will have to show either that the car was worth more than you agreed to pay, or that you were forced to pay more to buy a different comparable car.
Answered on Aug 15th, 2018 at 10:33 AM

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