Car Contract "Problem" in my Favor... good or bad problem?

[wflanagan]

What is the name of your state? VA is where the contract was signed. I live in MD.

Ok, here's the deal. Today, I bought a new car. Upon negotiation, we agreed on a price, and it included a trade in of my old vehicle. I used the dealership to find financing through a third party bank.

As we were "screaming" through the paperwork, we ran into a problem on what the warranty terms were (goes to intent to screw me, relevant later). Once we got those resolved with a note stating they'd repair all drivetrain problems for 4 years, (its a new car, long story), I signed and they signed all the documents.

They kept my trade (I owe them the clear title by the 5th) and I took the new car.

Ok, this is the problem. I noticed that the total "CASH PRICE" as stated on the contract is approximately $10,000 low. This contract was signed by the dealership as well as by me. I noticed it in the terms, but I assumed it was related to the financing paperwork, or was related to the "preferred deal" I was getting on the financing.

The same cash price is repeated on the paperwork for the loan. This is also signed by both the dealer and myself.

I had dinner with my wife, and when I arrived home, there was a message on my answering machine stating that there was a problem with the contract and it was not valid. They needed me to come down and rewrite the contract.

I'm inclined to talk to a lawyer on Tuesday before I do anything, but I thought I'd post and see what folks say here. I'm a little bit worried they will try to screw me somehow, as it already feels like they are positioning to bully me, or make this somehow my problem.

When I was in the "financing department" they were telling me that my "bumper to bumper" warranty didn't cover fuel pumps, and that I should buy the extended warranty to cover it. I told them I wasn't comfortable with this, and the warranty wasn't specific. I started to walk from the deal, when they offered to put the warranty on the powertrain in writing.

One other thing I noted is that the contract states that I've had the full right to review, and that this is the binding agreement, overriding all oral or other agreements.

So, anyones thoughts (espeically legal, contract folk) would be helpful. I'm no atty, but it seems to me I have a good case to just hang tight and see what happens.

William

 

[JETX]

In this case and with such a large error, it is clear that the amounts shown were errors. As such, if this were to get to court, the court will do 'equity between the parties' and rule by returning the parties to the position that tehy should have been in without the error.

Your choice, undo the 'deal' and retrieve your trade-in, or sign a new contract with correct numbers.

Anytime someone tries to take advantage of an error (especially such an obvious one as this), I have to ask:
What would you do if the roles were reversed?? Would you say, "Aw shucks, we really screwed up on that one!!"?? Of course not, you would do exactly as the dealer is doing. "Come on down and fix this!".

 

[wflanagan]

...but that is not what they are saying.

I see your point, and if I didn't feel that they were being fundamentally dishonest about it, I would just go back without these posts.

However, what bothers me is that their message to me wasn't "we screwed something up, can you come down here and fix it" it was "the contract isn't valid, you have to come down here otherwise there's going to be big problems."

And, to the point of "if the situation were reversed", I'm pretty sure, especially since

1) on the contract it says that I've got every oppportunity to review the numbers and that they're final,
2) no other agreement applies, written or oral, applies to our deal
3) as I went through this, they reviewed every single line item of the contract and stated what it meant
4) reviewed the amount, and didn't dispute that amount when reviewing the terms of the contract
5) had at least 3 hours to work on the paperwork, an amount of time signficantly larger than mine

that they would tell me to stick it, that the contract is binding.

 

[wflanagan]

short fuse

... but with that said, I'm sure that in the end you are right. It just doesn't seem fair. I have never seen a company break a contract for sale after it was completed, written up, and signed, with another company. I'm sure they would not do it for me if the situation were reversed. They're trying to bully me about things, just like they did in the financing department. They've reviewed it time and time again, by multiple people.

Oh well, I guess the little guy never gets lucky.

 

[JETX]

"Oh well, I guess the little guy never gets lucky."
*** Not when it is done at the sacrifice of another..... even a car dealership.