Consumer Protection Law
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You state "we were to go over some other pricing for an extended warranty and a outside protection to actually get final pricing".
Was this done before you signed the contract or did this still have to be done after you signed the contract?
No, this had not been added in to the figure on the sales contract.
So the "sales contract" doesn't have the final sale figures?
It has a rough figure for the financing with my credit union. Non of the extended warranty or the outside protectant was included
A lot will depend on the exact wording of the contract that you signed but you definitely have a very, very good argument that it is not a completed contract since it doesn't have a definite price on it and therefore it is preliminary only. That is a better argument than the one about them running the credit.
You would argue there isn't a final contract.
Your best course of action right now is to hire a local lawyer to send them a letter explaining that it isn't really a contract and that they ran the credit despite you specifically telling them not to and there not being a reason to do so.]
They can also review the actual contract to make sure there isn't anything in there that coudl cause you problems (which I doubt).
Was this a trailer that was on the lot or did they have to order it?
I would. There isn't the final payoff of the trade-in trailer, or the other extras we had talked about with the finance manager. He said we would talk about that or let us decide what we wanted to do the following week. It was all verbal, and we know it goes with this dealer.
I don't think it is a binding contract based on the facts you've given. There isn't a firm "offer" so there can't be a firm "acceptance" nor has any consideration changed hands.
What do you mean by consideration changed hands?
Consideration is a term that is used to mean payment of some kind.
It doesn't always mean money.
We only gave them a deposit of $100 to hold the trailer until we had final financing.
That's not going to be considered as consideration for the sale.
Even though it is stated as a contract sales agreement?
Yes. It isn't specific enough. As I said, you need to get a local lawyer to look at it but a contract requires specificity.
I will. With the dates being wrong does that even matter?
A little but it isn't enough to void the contract in and of itself. It's just something else that shows it wasn't really a contract. The big deal is that it doesn't cover everything.
I guess I will need to get legal counsel for this matter.
I think you can just get the lawyer to review the agreement and then write the letter. Don't hire them for anything more than that right now. I don't think you'll need it, the dealership is almost certainly going to back down when they get the letter.
Is there anything else I can assist with?
So you think the letter from there attorney is a scare tactic? Do I have my attorney sen the letter to both parties?
I do think it is just a scare tactic. The lawyer will probably just send the letter to the other lawyer. There are some ethical rules about contacting someone if you know they are represented.
I'm going to exit and assist others but I do wish you the best. Be sure and come back and let me know what happens if you remember.
I will. Thanks for your advice.
You're very welcome.
Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.
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