I ordered a car 2 months ago at an agreed price (agreed via e-mail from the salesman) and then gave a $2000 deposit. The car was built and today the salesman calls and says to come to the Las Vegas dealership to pick it up (I live in Arizona).I go out a rent a car and cancel my caseload of clients for tomorrow. Then when I come there is a message on my machine that since GM just issued a price increase the dealer is going to pass on the price increase of $1100 to me. I really can not wait another 2 months to re-order a car from another dealer. Please share ideas as to what i can do other than "I would cancel the sale", I can not do without a car for another 2 months. They are saying it is only a price increase in options not the base price of the car (a H3). Thanks for any helpful ideas.
Need your opinion and collective knowledge
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Mike Irwin
Staff
If you have a signed sales agreement defining the price of the car, with no escalator clauses buried in it, then I'd have to say that you have a breach of contract issue that you'll need to take up with the dealership and/or an attorney.
If there's an escalator clause in the agreement, then you're screwed.
Canceling the sale might not be so easy, either.
If there's an escalator clause in the agreement, then you're screwed.
Canceling the sale might not be so easy, either.
You need to check with an attorney for the laws that apply. If you still have the e-mails, that may be enough to constitute a contractual agreement. I saw something on people's court similar to this once. I'd say your chances are good at winning. Actually, take it to the peoples court and get on TV. Where a pin with TFL on it so we know it's you.
DunedinDragon
New member
You don't have to have a "signed contract" for there to be a contract. Although I would be surprised if the dealer actually ordered a car without having some form of formal contract agreement so you need to be REALLY sure there wasn't something along the way that committed you to this type of increase.
If all that truly exists is the negotiated agreement over email regarding price, then a "meeting of the minds" existed, which then constitutes a contract. Unfortunately you can't FORCE them in civil court to sell you the car at that price, however you can hold them liable for all damages you incurred due to their breaking of the agreement such as loss of downpayment and rental car expenses while pursuing another car. Hopefully you've still got all the emails from the negotiations, so I would print those out and keep them in a safe place. That's the type of evidence you would need in small claims court to prove your case.
The best thing to do I would think is to tell them you know your rights in this case. If they choose to sell it to you at the agreed upon price then fine. If not you expect them to give you your money back as well as cover any additional expenses you might have in getting another car as that is what you will seek in court. But you've got to be willing to follow through with that threat so look up the procedures for filing small claims in your state so you're prepared. Also, each state has different dollar amounts for small claims so make sure your state level is high enough to actually cover these expenses.
If all that truly exists is the negotiated agreement over email regarding price, then a "meeting of the minds" existed, which then constitutes a contract. Unfortunately you can't FORCE them in civil court to sell you the car at that price, however you can hold them liable for all damages you incurred due to their breaking of the agreement such as loss of downpayment and rental car expenses while pursuing another car. Hopefully you've still got all the emails from the negotiations, so I would print those out and keep them in a safe place. That's the type of evidence you would need in small claims court to prove your case.
The best thing to do I would think is to tell them you know your rights in this case. If they choose to sell it to you at the agreed upon price then fine. If not you expect them to give you your money back as well as cover any additional expenses you might have in getting another car as that is what you will seek in court. But you've got to be willing to follow through with that threat so look up the procedures for filing small claims in your state so you're prepared. Also, each state has different dollar amounts for small claims so make sure your state level is high enough to actually cover these expenses.
Rich Lucibella
Staff
Sorry, guys. This simply has zero fit in L&P or any other TFL Forum.
Suggest you take it to email or PM.
Rich
Suggest you take it to email or PM.
Rich
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