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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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Hello, I purchased a vehicle form a car dealer that was brought

Resolved Question:

Hello,
I purchased a vehicle form a car dealer that was brought in from out of state to help with sales at a particular dealership. This car dealer told me that taxes would be included within my contract as well as I would have 90 days to make my first payment. 38 days later I came to find that none of this was factual. Now the initial dealership is telling me there is nothing that can be done. Is there any advice I might get about my situation.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The terms of the signed contract unfortunately always control. The law presumes that the signed, written agreement is a full and final embodiment of all negotiations. A person cannot even introduce evidence of things stated before a contract signing that contradict the written agreement. It is not a defense that the contract was not read - a person is legally presumed to have agreed to everything in a written contract that he signs. Unfortunately, that means that you are bound to the terms of the agreement. They're not required to read the entire contract to the person signing it.

One thing that you could do is ask the Attorney General to investigate the company's sales practices. If they have a history of unfair or deceptive sales techniques, the AG may be able to put a stop to it.
http://www.ago.ne.gov/consumer_protection


I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.
Customer: replied 1 year ago.

this is the case even if the fiance officer did not go over the details upon the signing of the contract?

Expert:  Lucy, Esq. replied 1 year ago.
Unfortunately, yes. The person presenting a contract for signing does not have any obligation to explain all of the terms. The law puts the burden on a person signing a contract to read it first and to only sign if he understands and agrees to all the terms.

I understand that it's unfair, especially in this situation, but it has to be that way as a matter of public policy. Otherwise, contracts would never be enforceable, because people would always claim not to have read them and it would be difficult to prove otherwise.
Customer: replied 1 year ago.

I figured that the case as I have studied some law myself. I was hoping I might be able to pull something upon NE statute 87-302 and the consumer protection act.


 


I guess my final thought is that of what to do in my situation. I cant afford to pay the taxes and I don't want to drive with expired paper plates until I can; which I presume to be a good bit of time. So, would you suggest I attempt to trade the car in at the dealership for a more affordable situation?

Expert:  Lucy, Esq. replied 1 year ago.
You can always ask the dealer if they are willing to accommodate you. They may be willing to help in the interests of customer service. You could also ask if there is a way to roll the sales taxes into the loan - that's really what should have been done at the time of the purchase. Also double check the financing documents to verify that it doesn't say that the tax is included.
Customer: replied 1 year ago.

Upon reviewing my contract it does not state that taxes are included. I did take note to a protection plan that has yet to be placed upon the car. Perhaps I could have them roll that over to the taxes rather? On another note; is it reasonable to hold the dealership accountable for the hiring of the out-of-state dealer?

Expert:  Lucy, Esq. replied 1 year ago.
Most people who purchase something know that they're going to have to pay sales tax on it. Unless the agreement specifically says that there is 0 sales tax, or that the tax is paid by the dealer, it will be difficult to hold the dealer accountable for the tax. Even if you could prove that they agreed to pay it, if the contract doesn't say that, you likely wouldn't be able to recover it. You could see if they would refund the monies paid for the protection plan and use it to pay tax. That's another option.

Dealers frequently take cars from other dealers in order to meet a customer's needs. If the contract was agreed and signed, and it was known that there was another dealer involved, they wouldn't be liable for anything.
Customer: replied 1 year ago.

One final thought i had is, would there be major repercussions on my part to simply attempt to give the vehicle back?

Expert:  Lucy, Esq. replied 1 year ago.
There would be no repercussions if they accept it and agree to cancel the sale. However, if they refuse to cancel the transaction and you just leave the vehicle on the dealer's property, they can sue you for storage costs, on top of the price of the car.
Lucy, Esq., Lawyer
Satisfied Customers: 19927
Experience: Lawyer
Lucy, Esq. and 9 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

alright, I appreciate your advice Lucy. I shall take it into account when I go to speak with them this afternoon. Thanks for your time!

 

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