Legal Question in Consumer Law in California

new car still on lot

I purchased a new car yesterday and after singning the contract i went home in my old car because i was alone and could not drive two vehicles. Once at home i studied all my paper work,and it doesn't look like i received the warranty that two sales people said came standard with the car. If this is indeed true,do i have any power of negotiating with the dealership and if i don't get the warranty that was promised can i NOT take the car with out penalty since i never took it off there lot in the first place? I had plan to pick the car up in two days.


Asked on 5/30/07, 12:02 am

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: new car still on lot

Their failure to "deliver" the car PROBABLY (but not necessarily) means that the sale was never completed and that you are not bound by the written contract.

However, to be reliable, that analysis requires a careful review of all the facts and of the current state of the law.

Just know that you likely have some leverage if you wish to obtain a warranty or if you wish to wash your hands of the whole thing.

Beware that the dealership will likely tell you that the car is yours and the payments are due, even if they know that not to be true.

Also, be advised that no lender is likely to finance a deal where the buyer never even received the car. If there is no lender on board, there is probably no deal. The dealership often needs the lender more than the buyer does.

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Answered on 5/30/07, 10:45 am


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