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Can a person be sued for a contract that states a specific vehicle for consideration, but the person didn't receive that vehicle

Jackson, MS |

A person signs a contract 10-15 days before the vehicle is actually received. He doesn't acquire the vehicle in the contract as it is sold, but unknowingly receives another vehicle with a salvaged title which the lender does not notify him of nor do they change the contract to include the vin of the actual vehicle he received. He later learns of the "switch" after having problems and attempted to resolve it w/lender. They refuse to remedy the problem so he returns the vehicle and they are now suing for breach of contract. Can he successfully fight this?

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Attorney answers 1

Posted

Did you verify all this information before you took possession?

I am not your attorney. Contact an attorney for advice immediately.

Asker

Posted

No, he didn't verify the vin as he was not accustomed to having to do so.

Asker

Posted

He's just learning that the vehicle in the contract is not the vehicle of which he took possession and began making payments.

Harry N. Konst

Harry N. Konst

Posted

The VIN is located in several places on the vehicle. His failure to verify it may have been a crucial error. There was no attempt to mask or misrepresent it, correct?

Asker

Posted

They are representing as if they are suing for the vehicle whose vin is in the contract. He's never checked the vin on previous vehicles purchased and didn't think to do so. The car received was the color of the one he thought he signed for and everything. No reason to believe otherwise.

Harry N. Konst

Harry N. Konst

Posted

You have a good point. Perhaps an attorney near you can argue these facts persuasively.

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