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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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