Legal Question in Consumer Law in Florida

rights regarding agreement to purchase an automobile from a dealer

On 12/5/02 I signed an option to purchase a 2002 Jetta from Gunther Volkswagon, and left a $200 deposit in the form of a check. I was told the car would be held for 30 days with this, and that no one else could purchase it in this time period.

I was called today from the dealer telling me that the car was sold over the weekend. I also found the dealer had advertised the car in the Sunday 12/15/02 Fort Lauderdale news classified section.

What recourse do I have legally? Can I make them get the car back? Must they honor the deal we had at the same price, and what if they can't find a similar model? (They are trying to offer me a Jetta with lesser options.)

Thank you.


Asked on 12/16/02, 3:55 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: rights regarding agreement to purchase an automobile from a dealer

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: What it sounds like you had, based on the facts that you provided was a "Firm Option Contract" which they failed to uphold.

No you cannot force them to get the car back. The new purchaser is presumably a good faith purchaser and had no notice of your claim to the vehicle.

However, if I were you I would demand that they (1) promptly provide you with the exact same car and that (2) they disgorge the profits they made on your car, in an amount equal to the difference between what you agreed to buy the car for and what it was ultimately sold to the bona fide purchaser. If you need assistance you may contact the undersigned. Good luck,

Randall L. Gilbert

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Answered on 12/16/02, 5:20 pm


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