Car Dealer made a mistake in my favor

[VeeKaye]

I bought an 06 sedan recently in Colorado at a Dealership.

I had agreed on a price verbally over the phone with a salesman and manager. I went down to buy the car soon after. The salesperson was still accurate in the price we agreed on once I got there, and the next step was to proceed into the finance manager's office to sign all the paperwork.

After signing all the paperwork, driving the car home and looking at the contract, etc., I noticed the manager wrote the starting price (sell price) in very wrong.... 3K mistake in my favor... I proceeded to notice all paperwork had this (no accounting mistakes) and all papers are signed by the manager.

I walked out the door with copies of all paperwork in my hand, and the dealer received a check in the full amount from my loan officer (didn't finance through the dealer).

Can the dealer do anything, once they've found the mistake? Legally and/or try illegally? The Finance manager has (3 days later) found the mistake, and called me simply saying there was a paperwork mistake and I owe money (although there's nothing in the papers that would suggest that I dont think)

Advice??

 

[justalayman]

What proof do they have that a mistake was made. If all the paperwork is correct I would think the salesman realized he got boned on his commission.

Did the salesman have you sign a purchase offer before you went to F&I manager? Was that correct?

 

[JETX]

Can the dealer do anything, once they've found the mistake? Legally and/or try illegally?

Yep. They can demand that the error be remedied... and file a lawsuit against you if you refuse. Of course, they would have to be able to show that an error did in fact occur... which could be hard to do.

I love questions like this... and have to ask... what if the mistake were the other direction and you found out that they had overcharged YOU by $3k. Would you think that was acceptable?? Of course not. Would you demand your $3k back?? Of course you would.
Why do people think that they somehow get off free from a mistake???

 

[Trucking Mad]

A Written contract signed by both parties supercedes. There is no doubt a moral issue here as to do the right thing? Forgetaboutit!! That dealership would have no problem screwing you for a few thousand $$.

 

[justalayman]

Yep. They can demand that the error be remedied... and file a lawsuit against you if you refuse. Of course, they would have to be able to show that an error did in fact occur... which could be hard to do.

I love questions like this... and have to ask... what if the mistake were the other direction and you found out that they had overcharged YOU by $3k. Would you think that was acceptable?? Of course not. Would you demand your $3k back?? Of course you would.
Why do people think that they somehow get off free from a mistake???

You're right...as usual but there are two things......

I would not have signed the contract if the numbers were not correct
and
do you think the car company would just roll over and say " your right, we really did overcharge you...here's your money" without a fight?

 

[thenear]

Wrong vs. Illegal

I love it when people ask if something is right or wrong. Let's be honest, we're asking whether it's legal. That's often a different question altogether.

I tend to think a reputable dealership would refund a 3K overcharge, the salesperson or finance manager would admit the mistake and protect their reputation. We're not talking about a cell phone contract here! Perhaps you should pay what you agreed to pay initially, and sleep better for it.

When it was time to physically sign the contract, you really didn't look over the numbers to verify their accuracy? That's very trusting.

 

[justalayman]

I love it when people ask if something is right or wrong. Let's be honest, we're asking whether it's legal. That's often a different question altogether

.

I tend to think a reputable dealership would refund a 3K overcharge, the salesperson or finance manager would admit the mistake and protect their reputation. We're not talking about a cell phone contract here! Perhaps you should pay what you agreed to pay initially, and sleep better for it.

Ya ......right. I have been in the inner workings of a " reputable" (at least percieved by public as such) dealership. They wouldn't give the money back unless you could physically show where the mistake was. Even then they would try to "sell" you that they were right 'til the end

When it was time to physically sign the contract, you really didn't look over the numbers to verify their accuracy? That's very trusting.

That's not trusting**************that's dumb


Ya know....there's a reason car salesmen have the reputation and trust rating they have**************....it's because they generally deserve it!

 

[Trucking Mad]

.




Ya ......right. I have been in the inner workings of a " reputable" (at least percieved by public as such) dealership. They wouldn't give the money back unless you could physically show where the mistake was. Even then they would try to "sell" you that they were right 'til the end




That's not trusting**************that's dumb


Ya know....there's a reason car salesmen have the reputation and trust rating they have**************....it's because they generally deserve it!

Love it. Couldn't agree more. Thats why I stated forgetaboutit. You have a signed contract and the car and it's all legal. Face it you win!

 

[VeeKaye]

I know there is a question of ethics here, and I have not made my decision about it yet quite honestly. I did see what I signed, but out of all people, the finance manager made this mistake, even writing down the amount a few times right next to the MSRP price. You would think something would have clicked? That's his job. I feel as if they screwed me on my trade-in, but I was somewhat desperate to dump it, so I gave in. But that's besides the point...

BUT ANYWAY,... I'm more asking about the legal implications here.

 

[justalayman]

As asked earlier******************************************.what evidence or proof do they have that an error was made. You state that he wrote price near to MSRP numbers. MSRP is meaningless.

 

[dallas702]

Ordinarily a material mistake can nullify a contract, or one where the value is so far from the sales price that it is obvious. But if you are looking at $3000 on a $25-30000 contract, a court might say you just got a good deal. The fact that the sales amount was written numerous times, and then verified by the manager, seems to make the contract on its face valid.

Why not wait and see if they contact you about it? Then decide a course of action.

 

[JETX]

Love it. Couldn't agree more. Thats why I stated forgetaboutit. You have a signed contract and the car and it's all legal. Face it you win!

And of course, that is the 'advice' we expect from a legal 'idiot'. There are several elements necessary to make a binding contract.... and one of them is a 'mutual assent' (aka: 'meeting of the minds'). This includes having "a material mistake as to the terms or details of the contract."

If the dealership can show that the 'deal' had an error in it, then there is no 'mutual assent'... and a court can order the contract voided.

Other, less knowledgeable people, may argue that once it is signed, it is a done deal... but they are just showing their legal ignorance.

One point of clarification... this is a LEGAL advice website. That doesn't mean that a responsible person will 'guess' what MIGHT happen. It means that we give you the LEGALLY accurate answer... so that you realize the risk and/or repercussions of your decision(s). Anything other than that is pure crap. Depending on the FULL facts and what each party may or may not do... the court COULD order you to pay the amount you realize you owe.

 

[VeeKaye]

Let me just clarify... since there seems to be assumptions about the "mistake". There is no mistake in the paperwork, and my loan officer saw no mistake either. My Bill of sale, and all other paperwork goes something like this:

I verbally negotiated the price to $33,000 (did not sign anything w/ this amount)
They offered me $3,000 for my trade-in

Contract/Paperwork says:

Selling Price: $30,000
(+) dealer handling fee (about $500)
(-) trade-in ($3,000)
(+) sales tax
(+) license, transfer, title fee ($20)
= Total out the door (which is what they have a check for)

 

[JETX]

I verbally negotiated the price to $33,000
Contract/Paperwork says: Selling Price: $30,000

The Finance manager has (3 days later) found the mistake, and called me simply saying there was a paperwork mistake and I owe money

So, they call it a 'mistake'.. you don't.

Your options (as I see them) are:
1) To pay them the correct amount that you agreed to, or
2) Not pay them.

If you pay them, the 'problem' goes away.
If you don't, then they have the right to consider legal action against you.
Without a full review of BOTH sides of this situation, none of us can tell you whether their legal action (if pursued) would be successful or not.

Personally, I wouldn't do ANYTHING until such time as you get something in writing from the dealership. This could be a demand letter... a letter from a local attorney or notice of a lawsuit.
Your risk, your choice.

 

[Trucking Mad]

And of course, that is the 'advice' we expect from a legal 'idiot'. There are several elements necessary to make a binding contract.... and one of them is a 'mutual assent' (aka: 'meeting of the minds'). This includes having "a material mistake as to the terms or details of the contract."

If the dealership can show that the 'deal' had an error in it, then there is no 'mutual assent'... and a court can order the contract voided.

Other, less knowledgeable people, may argue that once it is signed, it is a done deal... but they are just showing their legal ignorance.

One point of clarification... this is a LEGAL advice website. That doesn't mean that a responsible person will 'guess' what MIGHT happen. It means that we give you the LEGALLY accurate answer... so that you realize the risk and/or repercussions of your decision(s). Anything other than that is pure crap. Depending on the FULL facts and what each party may or may not do... the court COULD order you to pay the amount you realize you owe.

You seem to be really fixed on me. You really need to grow up. The contract is valid.