Are we able to keep a car that a dealership mistakenly paid off?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are we able to keep a car that a dealership mistakenly paid off?

We entered into a contract to buy a new car. When the dealership did not deliver on their promise we cancelled the deal. The dealership sales dept did not notify the finance dept. so they went ahead and paid off the vehicle that we were planning on trading in. This is after the deal was cancelled. We still have our old car they paid off. Can we keep this car and title?

Asked on August 16, 2012 under Business Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you already know the answer to this question.  A court of equity - which is almost all courts except for small calims court - would not allow you to be unjustly compensated  - and paying off the car would be just that - for a mistake on the part of the dealrrship if you correctly cancelled the car deal.  That is what I would focs on now by the way: if you had the legal right to cancel.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption