New-car contract has math error; is the dealer obligated to fix?

[jmsmithcom@gmai]

I'm looking to buy a new car in New York state. The dealer has made a couple of errors on the contract which we didn't catch at signing

1. Charged us too much state tax
2. The numbers add up incorrectly, resulting in a total that is mathematically wrong and nearly $500 too high (in their favor).

Is the dealer obligated to fix this? Can we cancel the contract without losing our deposit if they refuse?

Many thanks for any help or advice.

 

[racer72]

When you called the dealer and asked, what were you told?

 

[justalayman]

the tax issue: most definitely. It is illegal for a merchant to charge more tax than the state requires.


If there was some other error as well, explain. Was is simply an arithmetical error?

 

[jmsmithcom@gmai]

Yes it includes a math error

the tax issue: most definitely. It is illegal for a merchant to charge more tax than the state requires.


If there was some other error as well, explain. Was is simply an arithmetical error?

Thank you for your response.

Yes, there is an arithmetic error resulting in an overcharge of $426.33. The New York sales tax overcharge is an additional $43.55.

 

[justalayman]

take your contract back in there and point out the errors. Personally, I would expect them to remedy the errors without argument. You would likely prevail if you actually ended up in court but that doesn't mean they will give up the $400 bucks without a fight.

 

[jmsmithcom@gmai]

Thank you for your suggestion. We are going back in today.

 

[jmsmithcom@gmai]

Final Followup:

We went into the dealership and they immediately corrected the math error. Turns out it was written up wrong: the tax was correct but the end result was even further off than we identified. They corrected it and re-wrote the contract.

 

[justalayman]

thanks for the followup.