If buyer and car dealer have executed a purchase agreement but waiting for delivery of car is the contract binding

Delivery of purchase / contract: We recently executed a Vehicle Purchase Agreement, but the dealer did not have the vehcile on his lot.

He is now telling us in order to get the pricing quoted in the Purchase Agreement we have to pay for the vehicle and execute the sales contract by 12/31/08, even though the vehicle won't be delivered until a few days later 1/2/09.

Are we obligated to pay for the car before its delivered? Can he change the price if we dont' sign until its delivered? - Is this your question? Add additional information
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Answers (1)

Jeremy Smith

Jeremy Smith

Contributor Level 4
Your facts are a little confusing. You say you executed a purchase contract, but then say in order to get the vehicle you have to execute a sales contract. Either way - need more information here. It sounds like the contract is hinged on 2008 pricing so the dealer may have to lock it in prior to end of year?

You're certainly not obligated to do anything, unless you want the car and the only way to get is to sign now. You should talk to the sales manager or general manager of the dealership to clarify the need for pre-payment and signing. Locking in the price could be done with a signed napkin theoretically, if the person signing had authority to do so.

Best of luck.

Any response is for discussion purposes only and does not constitute the giving of legal advice. No attorney-client relationship is being formed and you should not rely on this discussion to address any legal issues or concerns you may have. The facts of any given situation are different and you are strongly encouraged to contact a competent attorney in your jurisdiction that might be able to assist you.
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