Is my contract valid and what are my rights?

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Is my contract valid and what are my rights?

I purchased a vehicle from Mercedes-Benz dealership in November 2017. When I purchased it I signed the contract under the impression that I would have tire and rim coverage and no other additional paid services. As time progressed I realize that my contract had been changed without my knowledge or consent. My sisters social security number was put on my contract and submitted to the finance rep and the tire and wheel protection was never put on my contract although I pay for it every month. Can I sue? Can I end my

lease early with no penalty since the contract was changed? What are my legal rights?

Asked on May 31, 2018 under Business Law, Delaware

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Making changes to the contract without your knowledge or consent could give you basis to void the contract for fraud: for the dealer misrepresenting (lying about) what you would get in order to induce you to sign. Fraud can allow the rescission (undoing) of contracts based on the fraud. You would have to return the car and would likely have to pay some amount for the use you did in fact make of it for 7 months (you can't use another's property for free, even when there is fraud), but would then be out of the contract and would get any amounts paid to date, other than the fair value for the use you made, returned. If the dealership will not voluntarily do this, you'd have to sue for a court order voiding the contract due to fraud, so you would need to factor the cost of litigation into you calculus as to what to do.
The failure to provide the tire and rim coverage as promised could alternately provide a basis for 1) getting back all amounts for it paid to date and 2) having that cost deleted from your monthly payments going forward. If you are otherwise satisfied with the car, then rather than trying to get out of the contract entirely, which the dealership would presumably fight (thus resulting in litigation), you may be best off trying to negotiate with them for monetary compensation based around their failure to provide the time/rim coverage.


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