My wife and I recently purchased a new car from a dealer. The deal was that we take the delivery of the car if we give them the down pay on a later date. The date came around, they never took it out, when the funds were available. They said it would be 2 days later. Never came out. It wasn't taken for another week, we'll after the written date. Then, another week later, the check came back. We contacted them to find out what happened. They never responded. Now another week later, they are calling my wife and i, harassing us, telling us that we wrote them a bad check and are gonna have us locked up. Even though the error was on them. And they won't be clear with us on what to do. We are actively trying to solve this, but the dealer does not want to help.
I handle a considerable amount of lawsuits between clients and car dealerships but this is not a case I would take. While it sounds like you had an unpleasant experience, poor customer service cannot serve as the basis for a lawsuit. Based on your description of the facts, it does not appear you suffered any damages, meaning you were not financially injured in any way. Rather, you kept money in your bank account longer than anticipated. I do not see any duty breached or any damages as a result of some hypothetical breach. I would suggest finding a new dealership, but not take any legal action against them as it will likely be unsuccessful. They may even try to require that the sale of the car be processed. Although unpleasant, you may have to oblige, unless you can establish that the week long delay somehow breached the contract. Similarly, poor customer service does not provide a legal basis for a breach of contract claim. Best wishes.
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