Submitted by Onslo on Tue, 08/04/2009 - 17:23
Posted in
Have signed purchase and sale agreement along with signed loan. We were to pick the car up today. Instead the dealership calls to say that the trade doesn't qualify and they want to change deal. Offer made for less money to come off of a different vehicle. Can they do this? Isn't this a breach of contract?
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Editor's Response
It might be a breach of contract, but without seeing the document you and the dealer signed it's hard to say. You need to look at the contract and see if the dealer is taking advantage of some contingency clause that would allow it to back out of the deal. Again, I have no idea if the dealer is acting inappropriately, but if you believe it is, you might also consider whether you have a claim under the Massachusetts Consumer Protection Act (Chapter 93A dealing with "unfair and deceptive practices"). If so, it might make the claim worth pursing in small claims court or even raise the stakes sufficiently to involve an attorney. Also, by sending a demand letter under 93A, it forces the dealer to respond and explain their position more thoroughly. For more information or to post a question, visit our MA Consumer Law Discussion Forum. Good luck.