Did I Buy a Car or Not?

[SavinMaven]

Strange question, and I hope the answer is "yes!" I'm out of my element, went to a used car lot (of a big-name dealership) for the first time in my adult life, instead of buying new. And it was an... interesting... experience.

I spent a few weeks watching listings online for the type of car I wanted. Found a good price near me, on a 2017 that came off-lease in Dec 2020, and has a carfax with an impeccable maintenance record. Went and did the test drive, and discovered the car has some right front bumper damage (no dents, but about a 3-inch by 2-inch patch of missing paint with no visible rust, and some scratches below it. Look like someone hit a fence or something at low speed, and never reported it, since the carfax says no accidents).

The salesman, naturally, wanted me to buy it and trust them that they would fix it next week. I'm paying cash, so that would've meant handing over a certified check and then hoping they still care I exist after they have the money - um, no. Salesperson said there was no other way, but eventually the manager came out, and agreed to have a body shop fix the issue next week and I pick up, and pay for, the car after the work's done. I get to look it over first. I paid a $100 refundable deposit (check memo line says refundable deposit), and if I buy the car that amount is applied to the purchase price. I left with a signed purchase contract specifying a delivery date next week and a written statement of what work would be done and that the work is subject to buyer approval.

So here's the thing. If I can back out of the deal still, so can they, right? I liked the car, and it was a good price, but there's lots of other used car fish in the sea, so I'm not upset if they do sell it out from under me, although I would like to have it. I'm more just feeling unsettled by the experience, wondering if this was normal.  I'm brand new to used car buying. How confident can I be I'll really be able to pick up a repaired car next week?

[Ricksun]

You have a signed contract.  You've purchased a car, pending any liens or conditions in the contract.  Now, in reality, if they sell it out from under you, your recourse would be in the courts, so it's likely not worth the hassle, and vice versa.

[AccidentialMustache]

A signed contract means if you or they aren't using an out in the contract and they don't have the car for you next week that your response is "I'll see you in court" and they are likely to owe you money beyond the deposit, including lawyer's fees if you win. A blatant contract violation should be an open and shut case.

The most likely wiggle they'll try is something like "well its still at the body shop" and then try to upsell you on a "great deal" on a more profitable (for them) vehicle.

What does the contract say about delays on their side? Does it have expiry clauses built in if they "can't get the work done by X date"?

[Villanelle]

That depends on what the contract says.  Does it say they can back out?  Does it say the car is "sold" but that you can back out?

It sounds to me like, most likely, they can't, but if the contract says that if if costs more than $x to fix then the deal is off, or really anything that gives them a potential out, then they can take that out if they want. 

You have a signed contact.  That's binding.  What the contract says is what dictates whether--and under what circumstances--they can back out.

[six-car-habit]

 You said it was a big name dealership , so i'll assume they have a few car lines they sell from different manufacturers, and a history of being in that community. Depending on the size of the company , they may well have there own 'in-house' body shop, in a building owned by them, with bodymen and painters, [and a spraybooth] on their payroll.   Or if not,  they likely have a long standing relationship with an independently owned place that they trust to outsource their work to, which would be a significant chunk of that shops business annually. 

 As long as the VIN # is specified on the contract you have , you should have no worries. I would expect to pick it up in good condition on the day specified.
  Did you actually leave a cash deposit , or supply a credit card # for a deposit ?  If so it would just make your case go better if something went awry.

 I have heard of cases in the classic-car-world where a seller backed out of a contract, and the buyer sued sucessfully for "loss of opportunity", [ based on what profit the buyer might have made if buyer re-sold it to a 3rd party - ie; seller offers collector car underpriced at 10K, makes contract with buyer, seller refuses to complete transaction, buyer proves to judge that he could have re-sold for $20K based on a predominantly accepted real market value, buyer is awarded maybe $5K]

 Alternately , if you had to rent a car , because they were late on delivery , maybe you could get a weeks rental reimbursed, but if you had to go to court for that, would it be worth the time and filing fees to win maybe $250 ? 
  If they just sold it out from under you in a case of sinister subterfuge, than maybe you'd be pissed enough to go to court, on principle alone...

 It sounds like you are carless at present anyhow, so if it were me , and they were 2 days late because of "work backlog" , i'd just ask for $100 credit with their parts department, or a couple free oil changes to compensate you for the inconvienence.

 Really i think its just a bit of anxiety, having to wait to drive away with it.  Don't stress on it.  They are going to fix the car, it's common to have a " we owe buyer such and such" situation.  They want to sell you another car in 3 years.   

[Dave1442397]

Good idea to make them fix it before you pay for it, though.

[ericrugiero]

You haven't bought a car but you do have a signed contract that is a commitment to buy/sell.  It probably contains clauses for either of you to back out.  If you back out without reason you loose the deposit.  If they don't sell it to you then you could sue (probably not worth it) and they lose you as a customer plus other people you tell.  Future business is the bigger incentive for them to treat you right.  I wouldn't worry about it.  There is a very small chance they would back out.  If they do, get your deposit back and go find another deal.

[SavinMaven]

Thanks everybody! Today I feel a bit better as the car is no longer listed for sale on their website. :)

[SavinMaven]

So to follow up - yes I did buy a car Saturday! They fixed it up nicely, no shenanigans at pickup, and we're happy with the car. I feel like a real mustachian now that I bought a used car :D

[cool7hand]

Glad it all worked out!

For future reference, contract law general does not punish for breach of contract. Contract law is about restoring the benefit of the bargain. But, many states heavily regulate this default rule when it comes to commercial car sales, so it's important to know those rules if you sense something might go south with a car sale.