Can I walk away from a signed contract on a new motorcycle if we were overcharged?

UPDATED: Mar 3, 2012

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Can I walk away from a signed contract on a new motorcycle if we were overcharged?

We purchased a new motorcycle today and neglected to review the numbers on the contract before signing. We feel we have been overcharged. We have not yet taken possession of the new bike and scheduled to pick up tomorrow and such time we will bring the price issue up. If the dealer doesn’t agree to make the necessary change of price, can we walk away from the deal?

Asked on March 3, 2012 under General Practice, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What do you mean by "overcharged"? If the contract  does not reflect the representations (promises or statements) the dealer made about cost, it is *possible*, though far from guaranteed that you could walk away from it; that's because people are expected to read their contracts before signing, so even if the dealer promised you something before hand, if the contract clearly sets out the price you ended up being charged, the law would not normally let you rescind that contract. Only if it was unusually difficult to determine the price on the contract, the dealer tried to obsure or hide the prices, the dealer did not give you a chance to read the contract, etc. might you be able to rescind. (Though if the dealer changed the price after you had signed the contract, you would clearly be able to rescind the agreement and possibly sue for additional compensation as well.)

However, if the dealer never misrepresented the price--i.e. never claimed it was other than what it was--and the issue was you simply did not pay careful attention to the price before hand, then even if you are overpaying, you would still be bound to the contract. There must be some wrongful or deceptive behavior on the part of the dealer to absolve you of your responsibilities under the contract.

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 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.

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