Legal Question in Consumer Law in Virginia
problems with contract and vin number on new car purchase
I purchased new car on 2-24-03 including extended warranty and undercoating and paint sealant. Got home and noticed scratches all over the car. Next day, I went back and said I wanted a different car. They said dont worry they will fix it before it is paint sealed. After three tries they just made it worse. No paperwork was done on the service. On March 11, they let us pick another car. A new contract was drawm with a higher price but with a lower interest rate so there will be no change on our monthly paymentsOUt of desperation,we signed the new contract including dropping the paint sealant. I later found out that the buyer'order and retai installment contract did not indicate the same VIN as with the car we have now. The dealer's customer relations manager told me that they will correct it and send me the corrections. My questions are, if I did not find out about the error, what would be the repurcussion down the road on not having the right VIN on our documents? With all these aggravations, can we still back out completely of the contract and get our down payment? Is the contract still valid? If it is, what will be our remedy? Are we in default if we fail to sign a new contract?
1 Answer from Attorneys
Re: problems with contract and vin number on new car purchase
You can never be in default for failing to sign a new contract, unless the signing was a contractual term of a previous contract.
On the facts you've described, it doesn't sound to me like you have a contract to back out of. The dealer terminated the contract by breaching it, you've never been delivered the vehicle you ordered because the error is in the car, not the contract. You ordered a specific vehicle with a particular VIN, and they failed to deliver.
It sounds to me as though there were a number of violations of the Virginia Consumer Protection Act committed by the dealer. I wonder if you'd mind telling me the name and location of the dealer?
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