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I paid for a new car a week ago. the dealership did not have it ready but said it will the following day. I paid in full in cash since i wanted them to hold it for me, they said they will hold it up to 3 weeks. I had signed the contract and provided VIN of the vehicle, check was cashed. I returned in one week and they told me another dealership had sold the car underneath them and there's nothing they can do for me, other than for me to upgrade to another trim and pay more money, and wait longer. I traveled out of state to purchase the car, now i have to get a rental to drive back at my own cost. the dealership won't do anything other than refund my money, is there's anything I can do for them breaching the contract?
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Real Estate Transactions Attorney serving Sacramento, CA
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Abdallah Law Group, P.C.
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Dear Car Buyer,
You are correct, the dealership indeed breached the agreement according to your comments. The dealership is now responsible to you for not only reimbursement of your money, but also any foreseeable and consequential damages you suffered, and possibly attorney fees in the event you bring a complaint against the dealership.
Here, the dealership breached the contract, and it is foreseeable you would need to purchase a replacement purchase elsewhere. If the replacement purchase costs more money for the same type vehicle, the dealership is stuck with that increase too.
Also, it was reasonably foreseeable that you would incur travel costs having to come back to the out-of-state dealership to pick up the car. These costs too are also recoverable.
I would promptly renegotiate with the dealership; and if they are non responsive, then you should file a complaint for breach of contract.
Mitch Abdallah (916) 446-1974
Answered on Jun 02nd, 2014 at 6:12 PM