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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 4385
Experience:  Extensive experience with contract, debtor/creditor, and consumer law.
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I have a hypothetical question. In 2004, my son purchased

Resolved Question:

I have a hypothetical question. In 2004, my son purchased a car on his own. We helped with the down payment but our names were not on the sales contract. We did not sign anything. We live in Florida. My son moved to California in 2007 and took this car with him and continued to make payments. It is now paid off. In 2009, we purchased an extended warranty but were told it had to be purchased in the State in which the car was purchased even though he lives in California. The extended warranty was purchased in his name and mine, his mother. Only the extended warranty, mind you.

My questions through all this is: Can the dealership (in Florida) retroactively add my name to the sales contract from 2004 because I helped him with an extended warranty purchase five years later in 2009?

I am just checking. The car is paid off and he has the title which is only in his name.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  J.Hazelbaker replied 2 years ago.

J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

No. Under contract law, the dealer cannot legally retroactively alter the original sales contract.

J.Hazelbaker :

To do so would be breach of contract and fraud. It would simply have no legal effect and create no legally binding obligation for you.

J.Hazelbaker :

Now, if all the original parties agreed (your son, the dealer, and you), then you can execute an "addendum" to the original contract.

J.Hazelbaker :

This could set forth the new arrangement going forward. However,

J.Hazelbaker :

with the vehicle paid off, there really is no reason for the dealer to want to do that.

J.Hazelbaker :

If there is a reason for you to be on the title for the extended warranty to be applicable, then your son could put you on the title with or without the dealer's involvement.

Customer:

Thank you sir for this information. This dealership is one hot mess and has messed up paperwork for service appts, etc. No sir, we did not do an addendum to anything. I just help purchase a extended warranty five years after the purchase originally in 2004. My son did not add me to the title.

Customer:

I am just asking for this messed up dealership can without my knowledge add me to a contract signed five years previously because I helped my son with an extended warranty ONLY sale? Thank you.

J.Hazelbaker :

I see. It's clear that have no legal right or authority to add you to the original sales contract.

J.Hazelbaker :

that "they" have no legal right

Customer:

Also, hypothetically, wouldn't I have to sign to be added to a title of car anyway? It just be done on a whim?

Customer:

I meant, It can't be done on a whim

J.Hazelbaker :

Correct. You would have to sign the title.

Customer:

Yes, thank you.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort.

Customer:

Thank you so much. I will accept now.

J.Hazelbaker, Lawyer
Satisfied Customers: 4385
Experience: Extensive experience with contract, debtor/creditor, and consumer law.
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