Q: I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. What?
I have a legally binding Purchase agreement signed with Rivian to sell me a vehicle but they are not delivering. Looking for legal help. They say they assigned me a wrong VIN. But here are couple of lines from contract:
THIS AGREEMENT CREATES A BINDING LEGAL CONTRACT BETWEEN YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THIS AGREEMENT (COLLECTIVELY, “YOU”) AND RIVIAN, LLC (“RIVIAN”, “WE”, “US” OR “OUR”) GOVERNING YOUR PURCHASE OF THE VEHICLE, EXCLUDING THE INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE VEHICLE, AS IDENTIFIED ABOVE UNDER VEHICLE DESCRIPTION (THE “VEHICLE”), INCLUDING THE TOTAL CASH PRICE AND OTHER CHARGES, FEES, AND TAXES AS SET FORTH IN THE PRICE ITEMIZATION.
This Agreement constitutes the entire agreement between You and Rivian and governs Your purchase of the Vehicle and supersedes any and all prior agreements, written or oral, between You and Rivian regarding Your purchase of the Vehicle."
A:
Under California law, if you have a legally binding purchase agreement with Rivian and they are not delivering the vehicle as agreed, you have certain rights. The specific lines from the contract you provided suggest that this agreement is comprehensive and replaces any previous agreements between you and Rivian. It's important to review the entire agreement, especially any sections pertaining to delivery times, VIN assignments, and remedies for breach of contract.
If Rivian claims they assigned you a wrong VIN, this does not absolve them of their obligations under the purchase agreement unless there is a specific clause that allows for such situations. You should examine the contract for any clauses that detail the process in the event of an error, such as incorrect VIN assignment, and what remedies are available to you. It’s also advisable to document all communications with Rivian regarding this issue.
You might consider seeking legal advice from a licensed attorney who has experience in consumer protection law or contractual disputes. They can provide a more detailed understanding of your rights and options under California law. Taking legal action, such as sending a formal demand letter or filing a lawsuit, could be necessary to enforce the agreement and obtain your vehicle or seek compensation for any damages incurred due to Rivian's failure to deliver as promised.
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