California  |  Consumer Law

Legal Question

Asked on: 10/03/13, 8:12 am

The honda dealer made a mistake in contract for a new honda pilot. Because the service was so bad I canceled the contract. They took the car back but they already sold my trade in car 2004 Tahoe n they are only trying to give me the trade in price for $4500 when in fact that car was worth more. If the contract what voided than shouldn't the agreement be voided for the $4500? They said they will give me $8500 for the Tahoe ONLY of I buy a car. Is this legal? Can I sue?

1 Answer

Answered on: 10/03/13, 12:55 pm by Steven Simons

Under California Civil Code 2982.8(b) it provides that "In the event of breach by the seller of a conditional sale contract or purchase order where the buyer leaves his motor vehicle with the seller as downpayment and such motor vehicle is not returned by the seller to the buyer for whatever reason, the buyer may recover from the seller either the fair market value of the motor vehicle left as a downpayment or its value as stated in the contract or purchase order, whichever is greater. The recovery shall be tendered to the buyer within five business days after the breach."

Thus the dealer must pay you the Fair Market Value or the price agreed in the contract whichever is greater. If you need help with the dealer call my office and we can refer you to someone in your area that will help you.

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