What to do if w bought a car but feel that we were deceived by the sales person and/or the financing person?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if w bought a car but feel that we were deceived by the sales person and/or the financing person?

This weekend we purchased a used car. We were rushed out of the dealership and through the financing process. After reading the paperwork 1 day after the sale of the car the cost isn’t adding up right, as in the cost after interest is more than $3,000 than we agreed upon. What can we do to resolve this? Also of note, we bought the car in one state but live in another.

Asked on October 7, 2012 under General Practice, Nebraska

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The laws in the state where you purchased the car will control your eventual remedies, but most states will enforce contracts that were entered into knowingly and voluntarily.  Generally, you are stuck with a contract if the terms of the contract were spelled out in writing in the agreement.  If your contract included all of the numbers for the financing and you still signed the contract, you will generally be stuck with the terms of the contract because you are presumed to have read what you signed.

You do mention, however, that you were rushed out.  If you were rushed out before you could finish reading what you signed, then you may have a claim for a deceptive trade practice based on an intentional attempt by the salesman to prevent you from reading what you signed.  Before you can file a DTPA suit, some states require you to send a demand letter as an attempt to resolve the dispute informally.

However, you need to keep reading your contract because it may contain a remedy or two for your situation.  Some more modern auto contracts now include "cooling off" periods, which allow you to return the car within a certain number of days and cancel the agreement.  If your contract contains one of these types of provision, then this would be your quickest an easiest form of relief.

If the contract has a total that is not supported by the calculations, you may be able to get a modification of the agreement.  For example, if you have a pre-printed contract, but they hand-type the details (like interest rate, total financed, fees, etc...), and the totals are not correct, you may simply be able to get them to "re-total" the amounts as "typos". 

You should also research this company online-- like through BBB sites and consumer feedback suits.  Sometimes a company is already being sued and a plaintiff is allowed to join in-- without having to front the money for filing fees or the attorney.

 


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption