if one signs an auto purchase contract with dealer but have not received delivery - can contract be void?

Question

void contract and not buy.

Answer 1

Yes, the contract can be voided if you have not taken delivery.
Depending on why you are trying to void the contract, you may or may not receive a refund of deposit though.

Answer 2

for a contract to be valid it must pass the four prerequisites, otherwise it will be a void contract, voidable contract or unenforceable contract.

4 prerequisite for a valid contract
1. Parties capable of contracting;
2. The consent of the parties;
3. A lawful object; and
4. Sufficient cause or consideration.

A void contract, also known as a void agreement, is not actually a contract. A void contract cannot be enforced by law. Void contracts are different from voidable contracts, which are contracts that may be (but not necessarily will be) nullified.

An agreement to carry out an illegal act is an example of a void contract or void agreement. For example, a contract between drug dealers and buyers is a void contract simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract, although some drug users mistakenly believe the opposite, and therefore take their disputes to court.

A voidable contract, unlike a void contract, is a valid contract. At most, one party to the contract is bound. The unbound party may repudiate the contract, at which time the contract is void.

For example, depending upon jurisdiction, a minor has the right to repudiate contracts. Any contract with a minor is thus a voidable contract. If a minor were to enter into a contract with an adult, the adult would be bound by the contract, whereas the minor could choose to avoid performing the contract.

An unenforceable contract or transaction is one that is valid, but which the court will not enforce. Unenforceable is usually used in contradistinction to void (or void ab initio) and voidable. If the parties perform the agreement, it will be valid, but the court will not compel them if they do not.

An example of a transaction which is an unenforceable contract is a contract for prostitution under English law. Prostitution is not actually a crime under English law, but so long as the contract is fully performed, it remains valid. However, if either refuses to complete the bargain (either the prostitute after being paid, or the payor after receiving the service) then the court will not assist the disappointed party. Similarly under English law, a gambling contract is valid, but unenforceable (gambling contracts are sometimes said to be "binding in honour only"). If a bookmaker refuses to pay out on a bet, then the punter has no legal recourse.

Answer 3

I love the quality answers you've gotten, but it really doesn't have to be this hard. You can get out of that deal by making no more than two phone calls.

Until you take delivery of a vehicle, it's very difficult for a dealer to force you to buy a car. While many states say that simply signing a contract is enough to force you to buy, enforcing this would require the car dealer to sue YOU for breach of contract. Unless you bought a new Rolls Royce or something ridiculous like that they're not going to be making enough money to hire a lawyer and sue you. So, you can get out of it easy. Call the dealer, ask for the GM, and tell him/her you're not going to pick it up. If you explain to them why you've changed your mind and that you'd like the contracts to be voided, they will probably do so just in the interest of customer service. If that doesn't work...

Call your states dealer licensing board and tell them the dealer lied to you about some aspect of the transaction, then ask to file a formal complaint. Most dealers will quickly concede rather than face an investigation from a nosy bureaucrat.

Love the LAW and ORDER answer, but in the real world it's never really that complex.

Answer 4

Different states have different laws. Check with an attorney. These yahoos on Yahoo! are not licensed to practice law. Or better yet, read your copy of the contract.

Answer 5

If you didn't take the car off the lot, just cancel, you are within your rights.