C
chilipino
Guest
Here is a copy of the written agreement I had with a fellow from St. Louis (I'm from California).
--
Fax Offer-
This fax is to confirm that I agree to transfer the right to purchase
my 2002 BMW M3 Coupe, December build, to Michael Jiminez after
I receive $5500 consideration via wire transfer. (or $5500 + 2.2%
via PayPal) The car is to be delivered to the BMW dealership, and
the dealership is aware that you will be the next owner should I
call them and release the car to you. Upon receipt of the funds, I
will then call the dealership and speak with our sales
representative, he has agreed to handle your transaction. The
car is to be purchased at the MSRP. Micheal Jiminez is to be
responsible for all fees, taxes and transportation costs of
acquiring the vehicle.
--
Here's what happened. The dealer that I was directed to
operated in an unscrupulous fashion. He attempted to switch
cars on me and attempted to sell me a configuration that I
didn't want. I let the fellow from St. Louis know this and he
agreed to send me to another dealer from whom he had a
slot available. This other dealer apparently didn't reserve
the slot for me before he got fired. His boss called me to let
me know that I didn't have a slot and that the earliest may
be January or February. I asked the fellow from St. Louis
if I can have my money back because I did not receive a
December slot as agreed upon in the above offer. He refuses
to refund me the money and basically says it's my problem now
to deal with the dealer. I would have hate to think I spent
5,500 for two months' worth of stress.
Is this breach of contract? Do I have any basis for a good case?
--
Fax Offer-
This fax is to confirm that I agree to transfer the right to purchase
my 2002 BMW M3 Coupe, December build, to Michael Jiminez after
I receive $5500 consideration via wire transfer. (or $5500 + 2.2%
via PayPal) The car is to be delivered to the BMW dealership, and
the dealership is aware that you will be the next owner should I
call them and release the car to you. Upon receipt of the funds, I
will then call the dealership and speak with our sales
representative, he has agreed to handle your transaction. The
car is to be purchased at the MSRP. Micheal Jiminez is to be
responsible for all fees, taxes and transportation costs of
acquiring the vehicle.
--
Here's what happened. The dealer that I was directed to
operated in an unscrupulous fashion. He attempted to switch
cars on me and attempted to sell me a configuration that I
didn't want. I let the fellow from St. Louis know this and he
agreed to send me to another dealer from whom he had a
slot available. This other dealer apparently didn't reserve
the slot for me before he got fired. His boss called me to let
me know that I didn't have a slot and that the earliest may
be January or February. I asked the fellow from St. Louis
if I can have my money back because I did not receive a
December slot as agreed upon in the above offer. He refuses
to refund me the money and basically says it's my problem now
to deal with the dealer. I would have hate to think I spent
5,500 for two months' worth of stress.
Is this breach of contract? Do I have any basis for a good case?