If I ordered a pick-up truck with certain options but when truck arrived 6 weeks later it wasn’t correct, can they charge my credit card if I don’t accept the ordered vehicle?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I ordered a pick-up truck with certain options but when truck arrived 6 weeks later it wasn’t correct, can they charge my credit card if I don’t accept the ordered vehicle?
The dealer said they are trying to find a suitable replacement but don’t think they can. The problem occurred because the salesperson was not aware of package changes to options the newest model. I didn’t put any money down but I did sign a paper and left my credit card number to insure that I wouldn’t back out of deal.
Asked on September 18, 2015 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If the agreement was that they would sell you vehicle A but instead they provided vehicle B, they are in breach of contract. You have no obligation to accept a non-conforming not what you ordered vehicle. You may treat the sale agreement/contract as terminated due to the breach and walk away from the sale they have no right to charge your card or keep any of your money and, if they do, you could sue them to get it back. They can offer you incentives to accept the nonconforming vehicle, but at the end of the day, it is your choice whether to do so or not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.