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Questionable car deal

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2

2001EXPLORER

Guest
What is the name of your state? Mississippi

2 years ago, a 99 olds alero was purchased from dealership, during the "transaction" I was sat down inside "financing reps" office, reading over the amount to be financed and down payment, in the "down payment section" the amount of 1000.00 was placed. I had made a check for only 500.00. He told me "if anyone ever asks you tell them you put 1000.00 down". The check was also supposed to be held for two weeks before deposit, nope. They deposited it early so I incurred those fees, but THEN said car quit, would not crank, and had a couple of recalls issued on it and I had to have it towed back to them. And I said forget it and went to get another vehicle.I went to my bank and "cancelled" said check.... Now two years later I get a letter from a lawyer in New Jersey stating I have 30 days to pay full amount.....How can there even be an "actual amount" if the dealership "falsely" told the finance company the amount I put down to begin with? Do I have any options here? I am getting ready to call them and dispute this like it mentions in the letter....
 


JETX

Senior Member
You have a problem.

The written word will always 'trump' a claim of verbal alteration. As such, the $1000 issue is moot and without any relevance.

You cannot self-help yourself to remedy a contract, which is what it sounds like you did by walking away from the agreement.

Due to the issues involved, I suggest you talk with a local attorney who can read the contract and letter, determine the true facts and advise you what your obligations are.
 
2

2001EXPLORER

Guest
moot

How can it be moot? you just said "written" there are two "written" amounts here. 500.00 for the down payment versus the 1000. One lawyer already stated that it sounded like a "turth in lending violation"........
 

JETX

Senior Member
"One lawyer already stated that it sounded like a "turth in lending violation"........"
*** And it may be. But that won't do anything to relieve your 'self-help' in cancelling the contract.

Bottom line as I see it:
1) You have a contract.
2) You got 'cold feet' based on the "car quit, would not crank, and had a couple of recalls issued on it" and decided to unilaterally cancel the contract (which you clearly can NOT do).
3) The ONLY issue you have is that there may be a 'contradiction' between the amount of the check itself and the amount shown on the contract. In that case, all the seller has to say is, "Sorry, we made a mistake in putting $1000 down. The buyer told us he would pay $1000 down and then made his check out for only $500 We will correct it to show the $500 paid." Oh and by the way, you owe us $500 more!!

I do agree however, that you have an issue as to where YOUR vehicle is. If they resold it to someone else, then an argument could be made that they accepted your waiver upon acceptance. Or at least should offset any claims against you by what they 'recovered' in the re-sale of the vehicle.
 
2

2001EXPLORER

Guest
Thanks for information

Yeah that would be an interesting subject to research. In any case I am going to take the lawyers advice and respond and dispute it, one thing she said and one thing you mentioned is about the "proof". And if the vehicle was resold, do you think I should go and speak with the finance manager that has sold me the vehicle I just recently got? After all he turned out to be the same man, working at another dealership! While I was there I reminded him that I never forgot what had happened before.....
 

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