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  1. #1
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    Bought a truck -I think

    What is the name of your state (only U.S. law)?


  2. #2
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    Quote Originally Posted by StacyB View Post
    What is the name of your state (only U.S. law)?
    You can add your question and your state by using the reply to thread feature. Thanks.


  3. #3
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    Quote Originally Posted by StacyB View Post
    What is the name of your state (only U.S. law)?
    Potentially my favorite title of a thread...."Bought a truck - I think."


  4. #4
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    Quote Originally Posted by GoBoilers_MSU View Post
    Potentially my favorite title of a thread...."Bought a truck - I think."
    Hahaha.


  5. #5
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    Nov 2017
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    State of Alabama

    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?


  6. #6
    Join Date
    Jan 2005
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    Quote Originally Posted by StacyB View Post
    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?
    Tell them to just give you your money back and then find a truck more local to you (ie: in your own state.)


  7. #7
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    Quote Originally Posted by StacyB View Post
    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?
    The dealership cannot change the terms of a signed agreement but if there was an honest error in transcribing the terms (a scrivener's error) those can be corrected.

    Once the terms of a contract are changed without agreement by all parties, the original contract is void. If the dealership insists on a higher price and will not honor the original terms, you are released from the original agreement. You can demand a refund.

    You have some options but I think the one suggested by Zigner is best. If the dealership is this careless or conniving now, you would be wise to purchase a truck elsewhere.


  8. #8
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    Jun 2017
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    You are being jerked around by dealer ...and the dealer is a pro at his trade...too bad if he doesn't know how is own stuff if equipped ...while it might be smart to just insist on your money back ..I'd want cash in my hand or the dealer drives his check to his bank and you both stand there until you get cash.

    IF you have title you might just drive over and pick up your own truck...but be super careful expensive rims/tires have not been removed.

    Do not try to negioate with a dirt ball...he has had lots of practice...you have not.

    My guess is there is a O.1 % chance this was a simple mistake by dealer !


  9. #9
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    Quote Originally Posted by HRZ View Post
    You are being jerked around by dealer ...and the dealer is a pro at his trade...too bad if he doesn't know how is own stuff if equipped ...while it might be smart to just insist on your money back ..I'd want cash in my hand or the dealer drives his check to his bank and you both stand there until you get cash.

    IF you have title you might just drive over and pick up your own truck...but be super careful expensive rims/tires have not been removed.

    Do not try to negioate with a dirt ball...he has had lots of practice...you have not.

    My guess is there is a O.1 % chance this was a simple mistake by dealer !
    The truck was being financed.


  10. #10
    Join Date
    Apr 2009
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    5,575
    Quote Originally Posted by StacyB View Post
    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.


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