I don't think your information is correct at all. Looking through my contract, on the terms and conditions it clearly says " by taking possession of this vehicle, customer, unless otherwise confirmed in writing by dealer, acknowledges that vehicle has no defects, flaws or irregularities that would be detected during a visual examination or that any equipment or option is missing". You sign that and then 5 days later, show up and find a deep scratch in your car or find the scratch once you have the car shipped to you, unless the dealer is very sympathetic, your SOL. I'm sure a judge would agree and say, Hey, you signed that your vehicle had no defects and that no options were missing. If there was damage, why would you have signed the contract stating there was no damage? It even clearly says, unless otherwise confirmed in writing by dealer, thus why I said I would want the manager to put in the contract, "if your truck isn't perfect and as ordered when you get here even after you have already signed this paperwork, I will rip up the paperwork". Why do you think a lot of people are hesitant to sign anything until they visually look at the vehicle? most are taking a chance because MD has a great reputation, and the sales manager is a stand up guy. This is why contracts are made, to prevent stuff like this from happening. You can't sign all of this and then later claim breach of contract because you found some damage on the truck. You already signed that the truck was free of defects. By you signing all of the paperwork, you acknowledged that you took delivery of the car and that there were no defects. You picking it up is not taking delivery, if it was, you would sign the paperwork at that time. Driving the car off the lot is not taking delivery. You took delivery once you finished the signing of the contract and paperwork for financing. As soon as you signed that, the vehicle is yours. I mean dealer still has to send the paperwork to the bank but vehicle is yours. I bought a car from a sister dealer I work for years ago, got approved for financing over the phone/online and the dealer got the paperwork together but I didn't actually sign for anything until I went to the dealer and saw the car. That's usually how it works.
I think the only thing you and I disagree on is the importance of "taking possession of the vehicle". Look at the part of the contract you quoted "
by taking possession of this vehicle, customer, unless otherwise confirmed in writing by dealer, acknowledges that vehicle has no defects, flaws or irregularities that would be detected during a visual examination or that any equipment or option is missing". That means until you
take possession of that vehicle you are not acknowledging any of that, and when you sign the paperwork you are not taking possession. You do not take possession of the vehicle till you drive it off the dealers lot.
" By you signing all of the paperwork, you acknowledged that you took delivery of the car and that there were no defects." : Incorrect, by signing the paperwork AND
taking delivery of the car you acknowledge that there are no defects. Taking delivery of the car means driving away.
"You took delivery once you finished the signing of the contract and paperwork for financing." : nope: you
took delivery of the car once you drove off of the lot or once you signed the paper from the shipping company acknowledging that your car is in perfect condition
upon delivery to your driveway.
I agree with you that if you
take delivery of a car that has something wrong with it you are basically F'd. But I completely disagree that signing the paperwork constitutes taking delivery. To be specific lets use an example: you order a Truck with a 4x4 package and it shows up to the dealer without it even though it shows it on your window sticker, you have already signed all paperwork you are just picking it up.
-You notice that it doesn't have 4x4 package and refuse to drive it off the dealers lot. Your paperwork is now null and void because you didn't "
take possession". By the letter of the law the dealer is the one in breach of the contract because they didn't
deliver the truck as agreed (with 4x4 package). They now have the ability to remedy the situation (get you the correct truck).
-Same exact situation but you didn't notice it didn't have the 4x4 package till you drove it home from the dealer - now you are screwed unless the dealer corrects it out of the kindness of their heart because you "took possession".
Also to be clear we are strictly arguing about the law surrounding vehicle purchase contracts and taking possession of a vehicle. Has nothing to due with any dispute with Mark Dodge or any other dealer. You are not liable to pay for anything at all unless the dealer delivers you the vehicle in the condition agreed upon in the paperwork, the contract protects you from the dealer delivering you a car in a different condition or missing an option. You simply need to refuse delivery if the car doesn't have all of the features laid out in the paperwork or is not in the condition laid out in the paperwork.