wrong name on car sales contract

[slyttle]

My daughter bought a used car for which I co-
signed. On the all papers the dealer has my
daughters name wrong. Also the vin # is
wrong. Is this a legally binding sale in the state of Indiana?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

This may qualify for "mutual mistake". You both were mistaken in the VIN number. Now, a contract where both parties were mistaken can be canceled with no penalty on either side.

However, with the name being wrong -- like a misspelling or something-- that is usually not a material mistake. Only material mistakes can lead to freely canceling contracts.

Hope this helps.