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?

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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 6 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.


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