Yes I see I messed up on original post lol, but here’s my problem: we went to MS & purchased a truck - price was agreed upon, credit run and loan established-all paperwork & contracts signed by both parties -dealership and us- delivery of the truck was to be the next morning. They seemed to be dragging their feet and by that next afternoon they sent a text informing us that they discovered the truck had a lift and off road tires ( AT Tires is what was on it) so therefore we were to come in and either redo paperwork agreeing to a $5000 increase or bring them $5000 otherwise they would not give us the truck. Is this legal?
I think you bought the truck and I wouldn't back down until you have reviewed the circumstances with your attorney. The seller can't rescind the transaction simply because they made a mistake. The mistake has to be mutual not unilateral. And this sure as heck isn't no clerical error!
Anyway talk to your attorney and
cease talking to them!
If the vehicle is used * and your lawyer thinks you have a good shot at specific performance of the contract, I would recommend that you file the action immediately and ask for an ex parte temporary injunction preventing the dealer from disposing of the unit pendente lite. Because if you file and don't get an ex parte order that truck will vanish like the wind; if not already.
"We just discovered that it had off road tires"? Geez! What's happened is that some clown is clamoring for it at a higher price.
BUT I will guarantee you if you don't get a lawyer on it, you just as well fall over and play dead. So don't even think you are capable of prosecuting an action for specific performance.
[*] There is a good reason to know whether the truck is used or new. If you want to know why, ask.