Quote:
Originally Posted by Kinare  I'm not sure what is illegal about them not being able to provide you with a car in the specified time frame by the way. If they truly thought they could provide you with a Prius in that time, and they showed good faith, then you won't get any money. Unless you prove they knew they couldn't get you one in that time, maybe you'll get your money.
But I doubt it. |
Didn't watch the video, but as to the last part:
Breach of contract. Good faith doesn't matter. A specific promise is made by one party, another party agrees to the promise and acts upon it, then the first party can't perform. Except for very specific exceptions (and a big demand for the product isn't force majeure) the contract has been breached. That's the whole point to contract law (in this case Sec. 2 of the Uniform Commercial Code). Under current law, the non-breaching party has the right to try to cover--to find the item somewhere else, so long as the price is within reason. And the first party is obligated to cover the additional cost.
Good faith only applies if the first party promises to TRY to perform. If a retailer promises to try to sell a manufacturer's goods but customers aren't attracted by them, then a good faith attempt to sell gets the retailer off the hook (keeping the goods boxed in the stock room wouldn't count). The dealer didn't promise to try to get a car; they made specific representations about its availability, asserting that the transaction would--WOULD--be completed in a specific time period. They didn't barely miss performance; it stretched from the original month/month and a half up to 4 to 5 months or more, all the while telling me things were right on track. I relied upon the initial promise, nine weeks back now, and didn't go elsewhere.
Multiple people at the dealership promised me 4-6 weeks when I signed; seven weeks later, the sales manager scoffed and said no one would have promised 6-8. An outright lie.
07-10-2008, 11:03 AM
Re: @$(S(% Dealers 
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