If a car dealership never took a down payment from me, do I have to pay it?

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If a car dealership never took a down payment from me, do I have to pay it?

On the 9th I purchased a car signed papers and took home car. On the way home I realized the dealership never took my down payment that was in the contract.

Asked on May 21, 2012 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you would have to pay it. A mistake or omission, such as failing to take the down payment at the time of the sale, does not remove the obligation to pay it. You have to pay whatever amounts are specified in the contract or agreement of sale, when said amounts are due (or immediately afterwards, if there was some oversight at the time). Contracts are enforceable as per their plain terms--each party needs to do or pay what the contract/agreement provides.


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