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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26774
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Can I rescind on a contract sale of a trailer that I havent

Resolved Question:

Can I rescind on a contract sale of a trailer that I haven't taken delivery on?

I have signed a contract for a purchase of a 5th wheel trailer from a dealer. I was very clear with the financial manager that I had been pre-approved by my credit union and there wasn't a need to run my credit for financing. They said I still needed to fill out a 5 liner for the "Patriot Act". I asked again that they would not run my credit with this, they assured me that they would not pull my credit. I was to take delivery of the trailer in 7 days after we had sign the contract. The contract states that I'm responsible for getting the financing and the dealership isn't. I was to have a check from the credit union along with a 10-day payoff on the trailer that we were trading in on July 4th. The dealership was closed that day for the holiday, and we were to go over some other pricing for an extended warranty and a outside protection to actually get final pricing.

The next day I had a Credit Alert that there had been a change on my credit. We had gone out of town and had no internet access to check what it was. When we returned home and I check it, the dealership had ran my credit through another financial institution. We called the next business day and asked why it had been ran? The finance officer said it was a mistake. My wife told him because of them pulling my credit we were not going through with the purchase. The sales person then called her and asked what was going on. He said he would talk to the sales manager. When he called her back, he told her that I would have to talk to the sales manager because her name wasn't on the contract.

I called the sales manager the next morning. He was very rude and non apologizing for the issue. I told him I wasn't going through with the purchase because of this. I told him I would let him know in the afternoon what I was going to do for sure. Right after I got off the phone, I received another credit alert text. I checked it immediately. The dealership once again ran my credit. That was it! I wasn't going through with this deal. They lied about pulling my credit and then even after we question them for doing it the first time, they did it again.

I talked to the sales manager later that day and told him there was no way we would finish the purchase. He then said, I have a signed contract. I asked to speak with the owner. The owner was out of town until Monday of the next week and I'd have to wait.

I then decided to write a letter explaining why we would not go through with the purchase. Also pointing out that the contract had the wrong date 5/24/2013 instead of being 6/27/2013. Who knows what it would be like to get any repairs done on the warranty with this dealership with all the lying. I had it notarized and delivered to the dealership addressed for the owner and a copy to the sales manager.

I received a phone call from the owner the next Tuesday. I explained to him what had happen and why I wasn't going to finish the purchase. To my surprise, he was just as rude as the sales manager. He even started calling me names and threatened me with a lawsuit if I didn't go through with the purchase. I told him I would never go into his dealership with this type of customer service. We ended the call with him saying expect a sheriff to deliver papers to your home this weekend.

I did receive a letter from the dealership attorney that following Monday. They are giving me until July 30th to complete the purchase or further legal action will be taken.

Do I have an out with what has happened?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

You state "we were to go over some other pricing for an extended warranty and a outside protection to actually get final pricing".

JD 1992 :

Was this done before you signed the contract or did this still have to be done after you signed the contract?

Customer:

No, this had not been added in to the figure on the sales contract.

JD 1992 :

So the "sales contract" doesn't have the final sale figures?

Customer:

It has a rough figure for the financing with my credit union. Non of the extended warranty or the outside protectant was included

JD 1992 :

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.

JD 1992 :

You would argue there isn't a final contract.

JD 1992 :

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.]

JD 1992 :

They can also review the actual contract to make sure there isn't anything in there that coudl cause you problems (which I doubt).

JD 1992 :

Was this a trailer that was on the lot or did they have to order it?

Customer:

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.

JD 1992 :

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.

Customer:

What do you mean by consideration changed hands?

JD 1992 :

Consideration is a term that is used to mean payment of some kind.

JD 1992 :

It doesn't always mean money.

Customer:

We only gave them a deposit of $100 to hold the trailer until we had final financing.

JD 1992 :

That's not going to be considered as consideration for the sale.

Customer:

Even though it is stated as a contract sales agreement?

JD 1992 :

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.

Customer:

I will. With the dates being wrong does that even matter?

JD 1992 :

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.

Customer:

I guess I will need to get legal counsel for this matter.

JD 1992 :

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.

JD 1992 :

Is there anything else I can assist with?

Customer:

So you think the letter from there attorney is a scare tactic? Do I have my attorney sen the letter to both parties?

JD 1992 :

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.

Customer:

Sounds good.

JD 1992 :

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.

Customer:

I will. Thanks for your advice.

JD 1992 :

You're very welcome.

JD 1992 :

Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Dwayne B., Lawyer
Satisfied Customers: 26774
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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