Purchase of new car / breach of contract?

[dimont]

What is the name of your state? Missouri

On 1/2/07 I purchased a new car, trading in my older one. The purchase was made at the same dealership that the trade-in was purchased at. All the paperwork was signed, I was told I would get everything in the mail within 7 to 10 days, and I drove away in my new car. Four days ago, I go a phone call from the "new" finance manager at the dealership. He said he was clearing the desk after "my" finance manager had abruptly left, and found my paperwork. He then said there was a problem, that the quoted pay off of my trade in was less than the actual pay off and I needed to pay an additional 163 dollars to cover the cost of the pay off. At the time of the call, I was at work, and verbally agreed to pay the amount within 2 days. After discussing the call with co-workers, I am wondering if the dealership is not obligated to absorb the 163.00 loss, since it was not my error. Furthermore, when I spoke with him that day, he said this needed to be completed immediately, so that they could send out my paperwork to have my new car legally registered. My question is, do I simply pay the amount? Or do I refuse to? Diane

 

[racer72]

Don't pay it and they can rescind the purchase. If the error went the other way, would you not expect your money back?

 

[dimont]

No, actually I would not. If I had so the trade-in out right to a buyer for the pay-off amount, and then discovered I was short by 163 dollars, I would consider the error MY mistake, pay the 163.00 and get the buyer their title.

 

[Zigner]

No, actually I would not. If I had so the trade-in out right to a buyer for the pay-off amount, and then discovered I was short by 163 dollars, I would consider the error MY mistake, pay the 163.00 and get the buyer their title.

Oh Brother -

The question was, if they had paid $163 LESS than you gave the dealer...wouldn't you want that back?

Check all the fine print on your contract - I bet you find a clause related to that payoff amount. Pay what you owe!

 

[racer72]

No, actually I would not. If I had so the trade-in out right to a buyer for the pay-off amount, and then discovered I was short by 163 dollars, I would consider the error MY mistake, pay the 163.00 and get the buyer their title.

That is not what I meant. If while going over the paperwork you discovered that you had paid $163 more than you were suppose to, would you not expect the dealer to refund the over payment to you?

 

[Ozark_Sophist]

In Missouri, the title paperwork must be transferred the day of sale. I ran into the same problem with my truck purchase a few years ago. Basically, I got the truck, they said they would send the paperwork, and then called and said I owed more money. It is fraud. The dealer got busted.

 

[Ozark_Sophist]

Section 301-210

4. It shall be unlawful for any person to buy or sell in this state any motor vehicle or trailer registered under the laws of this state, unless, at the time of the delivery thereof, there shall pass between the parties such certificates of ownership with an assignment thereof, as provided in this section, and the sale of any motor vehicle or trailer registered under the laws of this state, without the assignment of such certificate of ownership, shall be fraudulent and void.​

 

[racer72]

In Missouri, the title paperwork must be transferred the day of sale. I ran into the same problem with my truck purchase a few years ago. Basically, I got the truck, they said they would send the paperwork, and then called and said I owed more money. It is fraud. The dealer got busted.

Where exactly in the OP's post was it specified there was a problem with the transfer of a title between the dealer and the OP? The transfer of title would have been between the dealer and the creditor financing the vehicle. The problem was someone under reported the amount of money owed on a trade in. The statute you listed had nothing to do with this.