Legal Question in Business Law in Florida

you order a car, pay for it in full but refuse to take delivery. is the dealer legally required to refund your money???


Asked on 2/11/14, 12:00 pm

1 Answer from Attorneys

Michael Spoliansky Attorney Michael Spoliansky

Although you ask the question simply, this is not a simple matter. A vehicle being sold into the stream of commerce is a good, therefore the Uniform Commercial Code will likely apply along with any terms of the contract you signed that speak to the issue at hand.

Is there a particular reason you refused to take delivery? This is going to be a highly fact intense inquiry to determine the true damages, if any, but the short answer is that your payment in full can be constituted as accepting an offer and may bind you to the contract. You may reject the goods still, but if you had no valid reason for rejection, it will not be as simple as them returning your money in full. They will have suffered damages. If it is a brand new car from a manufacturer, they can argue damages as a lost volume seller whereby they are entitled to the profit they would have received plus any incidentals.

Best of luck.

Read more
Answered on 2/12/14, 7:34 pm


Related Questions & Answers

More Business Law questions and answers in Florida