Legal Question in Consumer Law in Florida

Can I cancel a contract to buy an new car if I have not taken delivery (the car was ordered)? I am willing to lose the deposit.


Asked on 7/29/10, 3:47 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

A lot depends on the contract that you signed. If the contract states that you will forfeit your deposit (as liquidated damages) if you cancel, and this is the dealer's sole remedy, then this is what will happen. There may be other clauses in your contract that apply though, such as additional amounts of money that you owe to the dealer (damages) for items such as: vehicle transportaton, paperwork, title/transfer, vehicle "prep", loss of profit on the sale, or some other incidental or consequential damage that the dealer may have suffered due to your cancellation of the contract. There may be a clause that states you will pay the dealership's legal fees, if they decide to enforce the contract. If you aren't sure, or you don't understand a long and complicated contract filled with "legalese", you should have a lawyer read your contract. A lawyer can determine if there are any "contingency" clauses that permit you to cancel without penalty. Contingencies such as the car being exactly as described, or subject to your getting financing at a certain rate of interest. There may be other reasons that the contract is either voidable by you (are you over 18 years old, sound mind, not under duress), or void for other reasons. Before you cancel, find out for sure what the consequences will be, or if you can get your deposit back.

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Answered on 8/04/10, 6:01 am


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