My question involves a consumer law issue in the State of: Texas
I recently found a vehicle to purchase, and had driven the vehicle, and made an offer on it over the phone. After some back and forth, we agreed upon a price (3/11/14), and agreed I would come that following Saturday (3/15/14) to take delivery.
I went to my bank and started the loan process on 3/12/14 and got the loan approval. The bank contacted the dealer on 3/13/14 and discussed the purchase price and to get the necessary paperwork and documentation to process the loan.
On 3/14/14 the bank contacts me and tells me they have everything in hand from the dealer except a copy of the title. I called the dealer and they assured me they would get the title to the bank later that day so I could get the truck on the 15th.
The bank spoke with the dealer again on the 17th, and they still couldn't produce the title.
I spoke with the salesman every couple of days checking on the status of the title, and he said they are having trouble getting it from their floor plan company, but that they are still working on it.
I spoke with the salesman on 3/24 and 3/25 and they are still unable to provide the title but he said they were still working on it. On 3/27 I find that they have sold the vehicle.
In my mind they have breached a valid contract. Granted, its my understanding that a verbal contract over $500 in Texas isn't valid, but, the fact that they sent a sales agreement to my bank indicates we had more than a verbal agreement.
What are my options here? Ideally I would like to have the vehicle at the price we agreed upon. It was a hell of a deal, (several thousand below NADA value) and I think that's why they couldn't "find" the title, they knew they were selling it too low and were hoping I would give up. But I doubt that is possible.
Thoughts?
Thanks!
Bob

