Can I return a car if the amount of purchase is what was not agreed upon?

Traded in a 3 year old car for a new model because dealership called me and said I could trade up and with the same payment I was currently making. The deal was that I could get the new car for $444 monthly payment. I didn’t read the paperwork because I thought it was the agreed upon price of $444. I received the payment book and the payment is $519.89. Which I can’t afford. What are my options?

Asked on June 7, 2012 under General Practice, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You say you "didn't read the paperwork"--if the agreement disclosed the price and you signed that agreement, then you are bound to it. When someone signs an agreement, he or she is presumed to have read, understood, and agreed to all its terms. That presumption can usually only be overturned in the event of duress (you were threatened to make you sign it) or fraud (material misrepresentation, or important lies) about its terms. However, if the agreement itself contained the price and you would have seen the amount had you read it, you will almost certainly not be able to show fraud. That is bacause one element of fraud is that is was reasonable for you to rely on the represenation or promises made to you--but it's not reasonable to rely on what you were told earlier when the actual price is right there in the agreement.

So if you signed an agreement which stated $519.89 per month, you are most likely obligated to it.


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