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As a negotiated remedy between customer and dealer, yes, the dealer may make that choice.– user6726Commented May 3, 2023 at 14:58
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1@MichaelHall it’s unclear whether it was meant as the likely out-of-court settlement or a potential judicial remedy.– SneftelCommented May 3, 2023 at 20:20
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7Even written contracts can be unilaterally annulled if it is clear there was never a "meeting of the minds", especially if the party seeking annulment acted in good faith and the other party acted in bad faith. If a customer test drives a particular car, and signs a contract to purchase a car with VIN #12345, such action would tend to imply that the customer had a good faith belief that the dealer had correctly and honestly transcribed the VIN of the car that was test driven or--at worst--a car substantially identical to it.– supercatCommented May 3, 2023 at 20:27
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6@MichaelHall it's possible but unlikely. Courts prefer not to use specific performance when there are other remedies available.– MJDCommented May 4, 2023 at 15:48
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1Per the question, the contract indicates that the car sold has X miles on it, while it in fact has Y miles on it, because X is the number of miles on the test-drive car, and the car received (and whose VIN is in the contract) is not that car and has a different number of miles on it. This answer would be improved if it addressed how that discrepancy might affect matters, if at all.– KRyanCommented May 5, 2023 at 20:30
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