Wholesale dealer

[chauncey005]

What is the name of your state? Texas

I was told that a wholesale dealer is not supposed to sell to the general public. Here is my question. I recently bought a car As-Is and the Buyer's Invoice and paperwork are under the wholesale dealer's name. I guess he noticed that he is not supposed to do this and used White Out to clear that name and put another one in it's place. He then sent me copies of the changed paperwork, however, I have original copies. Does this mean that everything is void because he changed information? Am I entitled to my money back if we trade back for the vehicle? Fraud issues? Any help in this matter is very much appreciated. Again, I thank you!

 

[seniorjudge]

I was told that a wholesale dealer is not supposed to sell to the general public.


You were told wrong.

 

[BelizeBreeze]

is the white-out portion the heading of the document or in the actual clause depicting buyer and seller?

 

[chauncey005]

He whited out the actual seller name, it was a general buyer's guide where you fill in the information. So technically, is was depicting the seller.

 

[BelizeBreeze]

And by the way, I've never heard of a wholesaler NOT being able to sell to the general public. The difference is taxes collected from the public as opposed to no taxes on a business to business transfer.

But texas is so screwed up it may be different. Huh Jet????

 

[seniorjudge]

And by the way, I've never heard of a wholesaler NOT being able to sell to the general public. The difference is taxes collected from the public as opposed to no taxes on a business to business transfer.

But texas is so screwed up it may be different. Huh Jet????

Hey, I like Texas! Rush hour in Houston is the most entertaining thing I have watched in years!

 

[cjbrown929]

Maybe the new seller was too lazy to print a brand new buyer's guide and simply whited out the old seller. In itself, that would probably not be a problem.

By "paperwork", what do you mean? You can't (may not) use whiteout on a contract, for instance.

 

[divgradcurl]

What is the name of your state? Texas

I was told that a wholesale dealer is not supposed to sell to the general public. Here is my question. I recently bought a car As-Is and the Buyer's Invoice and paperwork are under the wholesale dealer's name. I guess he noticed that he is not supposed to do this and used White Out to clear that name and put another one in it's place. He then sent me copies of the changed paperwork, however, I have original copies. Does this mean that everything is void because he changed information? Am I entitled to my money back if we trade back for the vehicle? Fraud issues? Any help in this matter is very much appreciated. Again, I thank you!

If your name was correctly written on the contract, and you signed the contract, then the contract can be enforced against you. Unless the name of the seller was somehow material to the contract, a change in the seller's name is not going to void the contract.

 

[chauncey005]

By "Paperwork," I mean The Buyers Order and Invoice and Buyer's Guide. These are the only two forms that I have signed. Div, exactly what circumstances would lead to the seller's name being material to the contract? Basically, he took it upon himself to change the name that he sold the vehicle under and sent me copies of the paperwork. Then, he changed the title to reflect that he sold it to himself, under another company name, and sent me the title.

 

[divgradcurl]

By "Paperwork," I mean The Buyers Order and Invoice and Buyer's Guide. These are the only two forms that I have signed. Div, exactly what circumstances would lead to the seller's name being material to the contract? Basically, he took it upon himself to change the name that he sold the vehicle under and sent me copies of the paperwork. Then, he changed the title to reflect that he sold it to himself, under another company name, and sent me the title.

The seller's name is material if it affects your side of the deal. If the change in the seller's name had an impact on the price, or financing, or whatever, then it's material. If changing the dealer's name doesn't impact you or your side of the deal, then, from your perspective at least, it's immaterial.

To help clarify, here's an example of where the seller's name would be material: If the seller changed the name, and then refused to sell you the car, and you tried to enforce the contract against the seller, but couldn't because the seller's name had been changed, that would be a "material" change in the contract, from your perspective, and you could cry foul and go to court and try to make things right. But that's a lot of if's: even if the seller changed the name, and you wanted to enforce against the seller, if you were still able to enforce the contract against someone who had authority to make the contract happen, the change still wouldn't be "material" from your perspective.

But here, your name is correct, and the seller wants to enforce against you, so the name change on the seller's side isn't material in this instance.