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Dealer made mistake after we received 1st Bill

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J

Jshereice

Junior Member
MD

What do we do? Do we have any rights?

We purchased a new vehicle on the 19th. However, on the 7th of the following month the company notifies us that they made a mistake on the contract, saying they gave us 7000 to much. We have received financing, tags, registration, a bill, ect. Now, they are saying, in an email, that they are sorry for the inconvenience but we won't pay off your vehicle until you renegotiate the contact. What's even more irritating that their only negotiation to rectify this is that er take off warranties, and gap--not even willing to compensate us for a complete waste of time. Basically we are in a situation where we legally are responsible for two vehicles.

Let me add: the amount for the exess is bc we told them to use only one trade instead of using two. I emailed this to the salesman. He said ok, we will only use the camry, and he said someone would contact me from finance. No one contacted me, so I called in, and the finance guy said everything was aproved and the payments are "x".

Secondly, we WENT into the dealership to get tags/reg and no one mentioned this goof up.
Nor did the notify us that they did not pay off our camry. It's being advertised on their site for 20k now on their site. I'm really upset with this company.
 
Last edited:


A

antrc170

Member
What exactly does the contract say? They will pay off your car for x amount of dollars?

I would say that if they called you back on the same day or shortly thereafter they would have a good claim for human error. However, since you've been to the dealership and they provided tags or service then I would say that they have made overt actions to complete the contract, which shows an acceptance of the terms. The company has just as much onus to read the contract that you do.
 
J

Jshereice

Junior Member
It's states that the trade in value is 22500 on both the contract, buyers order and 25,700 On a separate form that gives them POA to handle the payoff, it's on the contract, and buyers order.

They are selling the camry on their site for 20,081.

Jshereice said:
MD

What do we do? Do we have any rights?

We purchased a new vehicle on the 19th. However, on the 7th of the following month the company notifies us that they made a mistake on the contract, saying they gave us 7000 to much. We have received financing, tags, registration, a bill, ect. Now, they are saying, in an email, that they are sorry for the inconvenience but we won't pay off your vehicle until you renegotiate the contact. What's even more irritating that their only negotiation to rectify this is that er take off warranties, and gap--not even willing to compensate us for a complete waste of time. Basically we are in a situation where we legally are responsible for two vehicles.

Let me add: the amount for the exess is bc we told them to use only one trade instead of using two. I emailed this to the salesman. He said ok, we will only use the camry, and he said someone would contact me from finance. No one contacted me, so I called in, and the finance guy said everything was aproved and the payments are "x".

Secondly, we WENT into the dealership to get tags/reg and no one mentioned this goof up.
Nor did the notify us that they did not pay off our camry. It's being advertised on their site for 20k now on their site. I'm really upset with this company.
Click to expand...
 
T

TinkerBelleLuvr

Senior Member
A simple explanation of a contract can be found here:

http://en.wikipedia.org/wiki/Contract

From the sounds of it, you completed a contract. It is going to be the problem of the car dealership that they made an error. You do NOT have to accept their term to change the contract AT.THIS.TIME if you don't want to.

That is why I suggest an attorney write them a letter. For $20K, I would spend the $100.
 
J

Jshereice

Junior Member
The lawyer said we could either refuse the contract, hold the dealer to their contract. However, the dealer can sue us for the difference of the trade price and what it is worth.

Or we can go in and renegotiate for a price between 16k and 22k to mediate this.

He says, in court, the judge would probably not hold the dealer to all the 22k.
 
J

Jshereice

Junior Member
No, bc if it did, I would have pointed it out. We aren't shady ppl--we wanted to come up w/ a number in-between in the beginning...but they were not acting like they wanted to budge or compensate their error...
 
M

milspecgirl

Senior Member
I dont see how a judge wouldnt hold the dealer to the 22k price. That is what they noted on their paperwork.
Dealers often give way less than what a car is worth when they take a trade in- does that mean all those customers are entitled to the difference between what they were offered and what the car is worth? NOPE
was this a contract attorney you spoke with?
 
M

milspecgirl

Senior Member
dealers often fudge trade numbers on a car deal and show way more than a car is worth because they cant show negative equity on a lot of finance contracts.
So, they inflate the price of their car to cover.
so, you are buying a 10k car. You have a car they are going to give you 2k for, but you owe 3k. they can't show a -1k on the finance contract, so they show they are giving you 3k for your car and selling theirs for 11k. they cant come back and ask for the 1k back because the car they bought isn't worth the full 3k. Thats the amount they agreed to give you for the car on a written contract-
I would fight it
 
J

Jshereice

Junior Member
I honestly dont know what his specialty is in. He is a Pre Paid Lawyer. The JAG office on our military installation did not have any openings. However, I'm considering not budging from the contract, and taking my chances on getting sued. However, JAG did advise us on the phone, that a contract is a contract. In addition, the Finance guy left a message with my husban for the first time. I don't know if it is because the lawyer called him, or if it is because my husband left a long vm with the General Manager. My husband was a Pre-law major and was going to become a JAG lawyer, but got bitten by the combat bug. So when he gets heated, he sounds like he is in court lol.
 
J

Jshereice

Junior Member
More wrong figures...

Received an email from the finance manager saying the only thing he changed on the new numbers was the trade amount. Wrong. Come to find out his new numbers are a total of $2115 less of what he initially charged us on the purchase of warranties and gap. So upset that they cannot put together a simple itemized list w/new figures. I'm now wondering is this a discount? Or did he forget that he overcharged us? According to his initial email, he only changed the trade in value (and naturally, the trade in difference).
 
M

milspecgirl

Senior Member
maybe they are selling those items at cost now to help you recoup some of the money.

Did you email him back and ask why those figures changed also?
 
J

Jshereice

Junior Member
No, because in the second email our choices were: 1) come get your camry or 2) take off the gap and warranties. He cannot legally take the Tundra, and he knows that.

Highly doubt it. It's not a priority to them. I don't even know why they have advertised the camry for sale. It's not free and clear... Oh well...guess we are going to court.
 
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