3

I ordered a vehicle from a dealership in July of 2017. The vehicle was delivered to me approximately six weeks later and did not match the build I had requested. Investigation with the dealership revealed that the salesperson had submitted the correct build information to her manager for order, which was subsequently entered into the manufacturer's order system incorrectly. Upon finding this out, I opted not to purchase the vehicle. The sales manager who entered the incorrect order did not want me to walk away from the sale and offered to order, paint, and assemble the parts needed to make the build correct. I agreed to this offer and my sale contract states that I am owed these items from the dealership.

Fast forward almost four months, I've still not yet received the parts owed to me. Voluntary communication from the dealership has been non-existent, and responses to my inquiries have been intermittent and lackluster at best. As of now, the dealership's claim to the status of the parts is that they were received (after roughly three months), assembled, and painted the wrong color by a third-party paint shop due to a "transposed paint code." I was told by the parts manager that they would be ordering new parts, ensuring they would be painted the correct color the second time around. According to the new delivery date given to me, the parts are about a week overdue and I have not been able to get in touch with anyone for a status update.

As the title asks, is there any legal action I can take against the dealership to enforce their compliance with our contractual agreement? Is there a reasonable timeline that they must deliver within if a date is not specified in the contract?

  • I'd edit this to make it more of a general question instead of a personal story. SE Law requires that questions be for general educational purposes and not first-hand accounts. That said, you'll want to speak to a local attorney, but assuming you agreed to everything (agreed to the first offer, like you stated, then also agreed to the second round of "fixes," - the one you're currently estimating at about a week late), there isn't anything to complain about yet. – A.fm. Dec 19 '17 at 4:41
3

is there any legal action I can take against the dealership to enforce their compliance with our contractual agreement?

Yes, you can sue for breach of contract. You would probably seek an order for specific performance. You could also claim damages but it is difficult to see exactly what damage you have suffered.

Is there a reasonable timeline that they must deliver within if a date is not specified in the contract?

Yes, where a contract is silent on a date for performance of an obligation they must be carried out in a reasonable time. From the circumstances 4 months is starting to seem unreasonable but they will no doubt argue that it is reasonable- this is something the court would decide.

  • Glad to know I can take some action on this. Now to figure out what to do. Thanks! – Brian Dec 18 '17 at 22:10

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.