Case Summary

Our legal team successfully obtained and enforced a final court judgment in favor of a client involved in a car pre-sale contract dispute. Due to the seller’s prolonged and unjustified delay, and the subsequent impossibility of delivering the vehicle, the court ordered the seller to pay the current market value of the car. The judgment was fully enforced.

Background of the Dispute

The case concerned a seller’s failure to deliver a specific vehicle under a pre-sale contract. The key contractual terms were as follows:

  • The client paid the initial down payment at the time of signing.
  • The remaining balance was payable only after receipt of a formal delivery notice.
  • The seller committed to delivering the vehicle within a maximum period of nine months.

Despite these clear obligations, nearly four years passed without any delivery notice or transfer of the vehicle.

Proceedings in the Court of First Instance

Our attorneys filed a lawsuit in Tehran’s civil court, seeking delivery of the vehicle along with compensation for delay. During the proceedings, we argued that:

  • Contractual obligations must be strictly honored.
  • The client remained ready and willing to pay the remaining balance upon lawful delivery.
  • The seller’s defenses, including claims of sanctions and force majeure, were legally unfounded.

The court ruled in our client’s favor, ordering delivery of the vehicle in accordance with the contract specifications and awarding legal costs.

Appeal Court Decision

The seller appealed certain aspects of the judgment. In response, we demonstrated that:

  • Delay penalty clauses are enforceable and serve to guarantee contractual performance.
  • Such clauses do not alter the nature of the sale or relieve the seller of delivery obligations.

The appellate court fully upheld the lower court’s ruling, rendering it final and binding.

Enforcement and Payment of Current Market Value

At the enforcement stage, delivery of the exact vehicle was no longer feasible. Court-appointed experts assessed the vehicle’s market value as of the enforcement date. Accordingly, the court ordered the seller to pay 1,550,000,000 Tomans to our client, which was successfully collected.

Our Expertise in Car Pre-Sale Disputes

This case highlights our firm’s proven experience in:

  • Enforcing vehicle delivery obligations
  • Resolving car pre-sale contract disputes
  • Protecting buyers’ rights against manufacturers and sellers

Our success stems from precise contract analysis, persuasive legal advocacy, and diligent follow-through at every stage—from trial and appeal to full enforcement.