New Truck Wasn't "New"

As a general comment, try to stay away from those lawyers - only as a very very very last resort.

If it is the truck you want exactly and don't mind being a second owner, try to get it for $1500 - $2000 cheaper for the dealer mistake with tax reduction ..... then go enjoy your truck! Be sure how it affects any warranty and could be additional money kick back. Getting a truck at 400 miles is not going to be a big deal in the long run.

 

OP became a lawyer on page 7.

 

Oh shit didn't see that.

This is gonna get good!!! Standing by...

 

OUCH. Buying a used vehicle for new price when it should have depreciated the moment it drove off the lot the first time with signed paperwork. Good luck on getting a new truck.

 

Oh Boy, I missed that ........ stepping back slowly. lol

 

Dealership informed the OP because most likely they cannot submit the paperwork and titling to the DMV as new with the car being titled before and now used.

The sales contract the OP signed stated "new" and now with the truck being used, it invalidates that sales contract that's why the dealership wanted to redo it.

 

Record the meeting.

 

A few comments back you highlighted gross negligence.

You do realize your paragraph above says two things which contradict each other, right?
You say you disagree that making a mistake is not gross negligence, and then you give an example and say it's negligence. I'll tell you what it's not, and it's not gross negligence. Gross negligence is more willful intent.

 

The OP as a lawyer should know it may not be wise to be posting on forums. It could be used against him.

 

Well, he just recently became a lawyer, so he didnt know the first few pages.

 

Nothing personally identifies him or the dealer. California is a pretty large state, that’s one expensive defense to pay for just to dox the guy instead of making him whole with an extended warranty, unwound deal, etc...

 

I am not saying he should not confront the dealer and negotiate to make things right. Was thinking along the lines if it ever went to court.

 

Well my point is court is expensive and I doubt a dealer wants to go that distance. This is a cost of doing business issue where a court case gets expensive quickly. Way more than just giving him a chance to unwind the deal, ponying up for a warranty extension, or other cheaper ways to ensure a customer’s goodwill.

 

I wonder if 1st buyer took possession of the truck & then financing fell through. I've heard of this taking up to 3 months before the dealer said to bring the truck back. At this point I would think title & registration would be worked on & probably done?

 

Some pretty solid info which would be good to know: https://mvscusa.com/unwind-or-rollback-whats-the-difference/

Figure that out first. Sounds like by the milage that it was a rollback, meaning they took delivery and brought it back. The question is, has a title been issued and would it need to be transferred.
If so, you have a very valid case to get out of the contract. If not, it is considered a new vehicle and there is not a whole lot you can do about it.

 

Good luck OP. Keep us posted.

Disclaimer: I am now an astronaut. See you in space biatches!!!!!

 

If you need some financial advice on purchasing your suits and ship, I know a guy.

 

In CA, the dealer only has 10 days to secure financing. If they can't secure financing before the 10 days are up, they are supposed to ask you to bring the vehicle back and rescind the contract. With the last dealership I bought from, they told me that they secure financing on the spot to prevent vehicles being returned.

I'm pretty sure there are plenty of other dealership out there that let the customer take vehicle possession before financing is secured.

 

Of what? He doesn't need to sign a new contract for that vehicle. He can take it back, pay the milage and walk away to another dealer.