Car Dealership Contract Dispute

Summary

A car dealership in Colorado mistakenly listed negative equity as a cash payment in a contract. If the original agreement didnt include a down payment, the dealership typically cant enforce it. Clerical error clauses usually cover minor corrections, not significant financial changes. Review the contract thoroughly and keep all communications documented. Consider consulting a consumer protection attorney or contacting a consumer protection agency for guidance.

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Hi there, my name's Joseph. I'm having an issue with a car dealership. I bought a used car from them on */*/*. After signing all the paperwork, taking the car home, and confirming my lender account was active and funded, I received a call from the dealer regarding a mistake he made in the paperwork. Since I was "upside down" on my trade in, I should have had a negative equity from my old loan added to the new one. However, he mistakenly listed this as a "Cash Payment." They tried to get me to sign a new deal and I refused. Now, they want me to pay the down payment that I never agreed to. Can they do that? I'm in Colorado.
It seems like you're dealing with a paperwork error that the dealership is trying to correct. Here are a few points to consider:
- Original Agreement: If your original signed agreement didn't include a down payment, they typically can't force you to pay one now.
- Mistake in Contract: If the mistake was theirs, they may try to renegotiate, but you're not obligated to agree.
- Legal Advice: It might be beneficial to discuss this with a legal professional to ensure your rights are protected.
Would you like to be connected with local lawyers who can better assist you with this issue?
I have reached out to a couple lawyers, but I haven't heard back yet. I was just wondering if you had any thoughts on it.
It seems like you're dealing with a contractual dispute. Here are a few points you might consider:
- Review the Contract: Make sure to carefully review the original contract for any terms regarding down payments or errors.
- Written Communication: Keep all communications with the dealership in writing.
- Consumer Protection: You may want to contact a consumer protection agency for additional assistance.
If you want, I can help connect you with more local lawyers who might be able to assist. Would you like that?
If any section or provision of this Contract is not enforceable, the other terms will remain part of this Contract. You authorize us to correct any clerical error or omissions in this Contract or in any related document.
It sounds like the dealership might be trying to invoke a clause about correcting clerical errors. However, if this correction leads to a significant financial change, it may not be considered a mere clerical error. Here are a few points to consider:
- Contractual Terms: If the original contract didn't specify a down payment, the dealership might not be able to enforce it.
- Clerical Error Clause: This is usually for minor corrections, not substantial financial changes.
- Legal Consultation: Given the complexity, consulting with a consumer protection attorney would be wise.
If you haven't received responses from lawyers yet, would you like assistance in connecting with more local attorneys?
They didn't try and invoke it yet, but that is the only thing I see in the contract that I thought they might try. See I signed this here that says "Trade-in Balance Due. You understand that the balance owed on the Trade-in exceeds the Trade-in Allowance and that as a result the Total Balance Due has been increased by $* of negative equity." but then, in the Retail Installment Contract and Security Agreement, he listed that as "e. Cash payment $*" in the Itemization of Amount Financed section. I live in Colorado by the way.
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It seems like you have a potential contractual dispute here. The dealership's attempt to categorize negative equity as a cash payment can have significant implications. Consider the following:
- Contractual Accuracy: Ensure the contract accurately reflects your agreement.
- Negotiation: The dealership might attempt renegotiation, but you're not obligated to agree.
Would you like to connect with local lawyers for further assistance?
The contract that I signed is the offer that was presented to me at the dealership. I was not aware of the error until after the fact. They have pressured me to renegotiate however it would increase my financial obligation. They say my only other options are to pay the down payment they mistakenly listed or return the car.
Case Rating: *
It sounds like a complex contractual dispute regarding the dealership error. Here's some general guidance:
- Review your contract thoroughly for terms regarding errors or corrections.
- Consider contacting Nebraska's consumer protection agency for advice.
- Keep all communications with the dealership documented.
If your initial outreach to lawyers hasn't yielded results, it might be worth trying again.
I have reviewed the entire contract, the only thing it says about corrections is "Governing Law and Interpretation. This Contract is governed by the law of Colorado and applicable federal law and regulations. If any section or provision of this Contract is not enforceable, the other terms will remain part of this contract. You authorize us to correct any clerical error or omissions in this Contract or in any related document."
Case Rating: *
It seems you're dealing with a contract dispute related to a clerical error and negative equity issue. Since your contract is governed by Colorado law, here's what to consider:
- Clerical Error: Ensure the error significantly impacts the financial aspect.
- Consumer Rights: Review consumer protection laws in Colorado.
Would you like to connect with local lawyers for further assistance?