I bought a car from a dealership that I've bought from before. I went through the same sales associate as I did before. When I got home the car was not as I expected, and I knew I had three days to return it (as per our agreement). When I took it back after having it for one day, the dealership told me that the associate no longer worked for them and that the contract I had signed was between the associate and I, not the dealership. It looked exactly like the first contract, but was on different letterhead. How can I sue the dealership? As a third party? They are suing the associate as well, although no one can find him.
2 Answers from Attorneys
A great deal depends upon the wording of your sales contract, so it is difficult to give you a definitive answer without a review of the original document. Basically, you have two courses of action you can follow. 1. You can sue the salesman AND the dealership for damages caused by their refusal to honor your rescission of the contract in a timely manner. 2. You can report the salesman and dealership to the Office of the Kentucky Attorney General, for commercial fraud. I suggest you have a local attorney look over your paperwork as soon as possible, since there may be some applicable deadlines which might limit your ability to seek recourse.
Thomas A. McAdam, III
2950 Breckenridge Lane, Suite 9
Louisville, Kentucky 40220
You need to consult an attorney to review all the contract terms to determine if you can file suit in court, have to arbitrate your case and what other options you may have, including for any damages you may have suffered (did they make you keep the car and not return the trade or cash you put down, etc.).
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