What can I do if I purchased a vehicle from a company that withheld information which had I known I would not have gone forward with the transaction?

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What can I do if I purchased a vehicle from a company that withheld information which had I known I would not have gone forward with the transaction?

When I bought the vehicle they never mentioned nor is it in the contract that they were installing a GPS tracking device that would shut the vehicle off if I were 5 days late on payment. When I called about it they said they should have gone over this with me before I signed the contract. Also the only reason I choose this car lot is they stated that they report to all 3 credit bureaus monthly, which they have failed to do. Is there anything I can do about this as I an 1 week behind and they are already threatening repossession?

Asked on June 2, 2011 under General Practice, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have grounds to rescind, or void, the contract. What you describe could easily be considered a material, or important, term; the failure to disclose it ahead of time could mean that there was no "meeting of the minds" or agreement as to the contract, or even that fraud was committed, either of which would allow you to rescind the sale or terminate the agreement--you return the car, and don't have to pay, other than for the use you in fact have made of it.

You *might* be able to argue that the sale is good, but that the GPS device cannot be used, since that would represent a unilateral change or addition to the agreeement--i.e. you and the dealership had effectively agreed to a car sale w/out the GPS, so now they can't add it. However, it's not clear if that would help you; regardless of the device, the lender/financer has a right to repossess the car when you are in default of--which includes late on--your obligations; there is no inherent right to pay late. Thus, they could go ahead with repossession regardless of the tracking device.


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