Can I get out of a signed contract through a dealership if it told me 1 price but is charging me another?
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Can I get out of a signed contract through a dealership if it told me 1 price but is charging me another?
Said they would fix it, now they won’t. They have repeatedly lied to me and my husband. I have tried to give car back and get down payment back. They won’t do it. They have no morals.
Asked on March 3, 2016 under General Practice, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Much of what you can and cannot do depends on your paperwork. Take your documents to a consumer attorney and let them review your documents. Most do have grace periods where you can return the vehicle... the salesman just won't tell you where to find it in the fine print because they don't want to loose the commission.
Many attorneys will offer free or inexpensive consultations... so it's worth visiting one to find out what rights you have via the contract. While you are visiting with the attorney, discuss the facts of your case in relation to a Deceptive Trade Practices Claim. Texas has specific rules that basically say you can't trick or defraud a consumer. If the paperwork is correct, but your husband was 'tricked', he may still have a remedy via this type of complaint.
Sometimes, an attorney demand letter will work because taking the vehicle back is cheaper for them than a DTPA lawsuit. You can also file a consumer complaint with the Texas Attorney General. The attorney demand letter is quicker.... but it may cost you a small fee. The Texas AG is free, but it's not a guarantee and they tend to be slow to respond to consumer issues.
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