Tips on Buying Cars: when did we take delivery?, actual damages, aftermarket accessories

Question
My dad bought and fully paid for a car.   He ordered aftermarket accessories as well.
In the next week, he got very sick and now is unable to drive a car again ever.  In fact, he is no longer insured because of health issues.
He received the title in the mail.
Did he take delivery?    
The receipt says that if unable to take delivery, the dealer is allowed to take 'actual damages'.    What would the damages be?
The car is a new 2010 hybrid.   The dealer offered $5k less than he paid to buy it back.    The aftermarket accessories total $1800.


Answer
Lisa,

Thanks for your question.  When your dad took PHYSICAL delivery of the vehicle is when he took delivery of the vehicle, even before the accessories were installed.  The Law defines "delivery" as when the person/persons purchasing the vehicle, after signing all required documentation to follow federal and state statutes, the consumer takes delivery of the vehicle by driving the vehicle off of the sellers property.  So, what this means is that if your dad signed all of the required documentation to own the vehicle and then took delivery of the vehicle after that point, then he took the legal definition of delivery.

Actual damages would be determined by the dealership for taking the vehicle back into stock.  Fees, etc. can be charged by the dealer - if they so choose - to put that vehicle back into inventory.  Understand that since your dad got a title on the vehicle, that even if the dealership did choose to take the vehicle back, that it is considered a used vehicle now because it has been titled.  The dealership can not sell it as a new car again, so I would say that $5000 is probably dead on with the difference in selling that car as a NEW car and a USED car.

Hope this helps.

Thanks - JB