Legal Question in Business Law in California

New Car Purchase Breaching Contract

I signed a contract last Dec01 to order new BMW 540i in Blue Water color. Per contract, car will be arrived end of March02. Today 3/15/02, my dealer called and told me my car coming but wrong color, in Silver.

He said if I want the Blue Water color (which was on the contract)I have to wait two more months. When we negotiated, I got $2k discount on Blue Water color. It was on contract also. Dealer said it I have to wait two more month and might not get $2k discount if I am not considering the Silver.

What should I do? Thanks very much for your help.


Asked on 3/15/02, 3:53 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: New Car Purchase Breaching Contract

Depending on all the terms of the contract, you could see if you can find the same car at another dealer. (Dealer's trade between each other all the time). Tell them where the vehicle is, and tell them they either get it for you at the agreed upon price, or you will buy it directly from the other dealer, and sue if you have to pay more than the contract price.

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Answered on 3/15/02, 3:57 pm


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