Dump Truck Sale Gone Bad

[IkeObi]

My question involves business law in the state of: GA

Hello, I bought a Mack dump truck from a private seller in March and he agreed to park it for me at his yard until I was ready to export it. We arranged that I would come pick it up today (July 19, 2012). To my greatest surprise when he arrived at the yard with me and the trucking company I paid to tow it to the port waiting for him, he said the truck cannot be moved today because the chassis has been changed and because of that it would not pass US Customs inspection. He said he needs to get the vin number inscribed onto the new chassis. This I did not know until today. What should I do? Is there a legal ground for me to ask for a complete or part refund of my money as he sold the truck with-holding the fact that the chassis has been changed?

In addition, he has destroyed my whole plan for the truck to be at the intended destination for business operations. I am losing time and money because of this.

[Mr. Knowitall]

The first place you will want to look is your purchase contract - is the vehicle they're attempting to provide to you in fact the vehicle they indicated that they were selling to you, per the terms of the contract, if the chassis does not match the VIN (even if they now inscribe the VIN on the chassis). If not, your contract may also describe or limit available remedies, so the terms of your contract remain important; but if not, you're in a position to argue that they have violated the contract and you should be able to reject the nonconforming goods or receive compensation for any diminution in value.

In terms of a delay in delivery, again look to your contract. Did they absolutely promise delivery on a specific date? With what provisions relating to late delivery, incidental and consequential damages?