Hello

I have a general question. Say I bought a new car on Thursday. It is now Saturday, two days later. I have discovered that the contract I signed buying the car is wrong. What the dealer quoted me for options on the car was not what was on the contract when I added stuff up.

Question is, can I return the car today and void the contract?

Thanks

 

...if you want a real answer to your question.

But as for non-lawerly web forum rambling (which is the most that you could probably expect here), I'd observe that your "contract" was no doubt a contract for purchase. Now that you actually have purchased the car, what was on the contract is pretty much moot. More to the point, you bought it...now you own it.

You may be able to make some sort of case for fraud...but there's the very real issue that you should have inspected your car before your forked over the final check.

This isn't an eBay purchase is it?

(and hey, is this the HighAnxiety who used to be a regular poster on NAM/MCO and who then mysteriously vanished about a year ago?? Welcome back! Do you still own a MINI? I thought you sold it.)

 

Seems like I've heard of some states having a couple of days "grace" period where you can take your purchase back even if it's not written in the contract.

Dogspeed.

 

The grace periods I have seen, (california) have ranged from 3 to 7 days, although those are by individual dealers trying to make a sale. Officially California has no "cooling off" period that allows you to change your mind.

In your case it seems more like they either misrepresented or just screwed up, if thats the case, first you ask please fix this, if not then its lawyer time.

 

I thought you had three days to rescind any contract. Worth a shot anyway! Good luck getting your situation sorted out.

 

Automobile contracts are exempt from the three-day "cooling off period." What is on paper is what you own, regardless of any promises made by the dealer/salesperson. You can try to sue them for rescission claiming fraudulent misrepresentation but it probably wont go anywhere. If you are persistent enough to get the general manager and salesperson to talk to you, maybe you will get some satisfaction.

 

HighAnxiety,

Would you mind posting what your ordered and what you got. Just wondering. Is it CLOSE with a couple of minor differences or is it WAY OFF?

Earl

 

What's important is that you express your intent to cancel today, in writing, in the event that the laws in your state offer a grace period.

I personally have gotten out of a contract in the same circumstance (not for a car) by doing so in writing during the cooling off period.

It probably wouldn't hurt to provide detail about what the dealer promised and what's actually on the contract in your letter as support.

I'd then call the secretary of state's consumer affairs office monday and find out what your options are.

Have you paid them any money yet? You have considerable leverage by NOT paying them a cent. If you've given them a check, call the bank today and stop payment on it.

From the dealer's perspective, if he's not going to see any money it's not worth the hassle of pursuing in court (consider the average margin on a car versus the legal cost of trying to adjudicate his claims.) He'll be much more inclined to right what was wrong if he realizes that you're willing to go the distance on it.

Whatever the course, toughen your resolve. Don't go in there asking "I'd like to try to get this...." Demand to see the manager and make sure he undersands that he won't see a cent until it's put right, you'll call MINI NA, etc,.etc. (It can't hurt.)

Hope it turns out for the best,

Jeff

ps: I found extra fees in my contract as well. Wouldn't ever buy another car from that dealer again. (Hank Aaron MINI in Atlanta.)

 

I think we need the specifics.

 

I they charged for more than what was on the car and you had payed for it then there is a possibility of fraudthat if they did it with intent and knowledge.

Otherwise you will be able to add those options that they charged you for or get a refund.
Then there is always case to be made to Mini USA that this is wrong and would want your money back. Speak to consumers fraud unit in your local community, or the Attorney General of your state.

 

If the contract lists something that was on the car and the car did not have:

IE. If its lists zeon lights and it does not have them or it lists an accessory that aint there.

If it lists in the contract something that is not there then you can make them give it to you or you can renegociate.

 

I believe HighAnxiety stated in a marketplace listing about selling his MINI, that he was purchasing a vehicle other than a MINI (a 4-wheel drive vehicle for the Utah winters). I don't think he's asking this about MINIs, in particular, but I could be mistaken.


Clover

 

When I bought my MINI from Flow in NC, I was explicitly told that there is no "cooling off" period. I had to sign a sheet acknowledging it as well. Some car companies, like Saturn I believe, allow a large cooling off period.

I think the original poster might be in for a rough ride if the contract is contested. But it could be worth it if it was a significant amount.

 

In general, once the negotiations have been reduced to a writing (the written contract) both signatories are obligated to abide by that writing. If for example, the dealer quoted you $400 for a certain option, but the written contract states $550 for that same option, you will not be allowed to attest that there was an oral agreement for the $400. It is the responsibility of both parties to read the written contract thoroughly prior to signing. Nevertheless, there are oftentimes consumer protection laws that provide additional safeguards to an unwary buyer to protect them from "sharks" in the sales business. Check with your state's Secretary of State, Attorney General or local Better Business Bureau to see if you have any of these safeguards. Also it might be a good time to consult an attorney to see what if any remedies are available.

 

In Maryland there is a cooling off period if the salesman comes to you at your home or place of business. If you go to the dealership, there is no cooling off period. Have you discussed the discrpancies with the dealer? Perhaps an honest mistake was made. Without particulars it is hard to give an opinion.