If the contract to purchase a vehicle has the wrong color of vehicle, is it legal?
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If the contract to purchase a vehicle has the wrong color of vehicle, is it legal?
Asked on April 7, 2016 under Business Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you mean do you, as the buyer, have to accept a car other than the one you agreed in the contract to buy--then no. You can refuse to purchase other than the agreed upon car, and the dealer/seller can then either cure the problem by providing, in a reasonble time, the correct car; or the contract would be treated as terminated due to the seller's breach.
If you mean what if the car is the correct one and/or you, as the buyer, accepted the car, but now you have changed your mind and want to get out of the agreement because the contract lists the wrong color, then the answer is no, you can't: if it actually is the car you want, what is basically a typo on the contract does not invalidate it; or if you accepted the car, ratifying the contract despite the color, you cannot now change your mind.
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