Can an auto dealer cancel an executed contracttwo weeks after if a vehicle was supposedly sold for the wrong price??

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Can an auto dealer cancel an executed contracttwo weeks after if a vehicle was supposedly sold for the wrong price??

I purchased a used SUV for $9995from a buy here pay here dealer all ppwk is dated 10/7/10. I picked up the car on 10/18/10. Today 10/21/10 I went to see about a check engine light that was on and they are telling me that the vehicle was supposed to be $12,995. The dealer is asking me for the additional $3,000. If this was their mistake and my contract has the $9,995 on it are they able to cancel or take my truck back? I also have the print out from the website for the truck with an asking price of $10,497.

Asked on October 21, 2010 under General Practice, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have already purchased it from them, pursuant to a contract which they executed (and presumably even filled out in the first place) and also that contract, while arguably incorrect, was based on plausible information--the website advert; the negotations with the staff member/sales person; etc.--then they are bound to it. (If the contract was clearly and egregiously wrong--e.g. it dropped a "zero" and was for $1,299.50, not $12,995.00, they might have grounds to rescind it on the basis of a material mistake.) The seller  may have seller's remorse, but they are bound to their agreement. They cannot take your truck back or cancel; arguably, if they don't want to do business with you again, they could refuse to service your truck and make you go elsewhere, and they could fire the sales man or whomever messed up, but that doesn't affect the contract.


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