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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 90968
Experience:  Attorney experienced in commercial litigation.
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I traded my 2013 Civic hybrid after being told I did not have

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I traded my 2013 Civic hybrid after being told I did not have to pay the $5200 service charge if I purchased a new 2013 Civic and I would be given $6000 for my trade in. I took the deal then was called the next day after signing a contract for the new car and relinquishing the title to my trade in and was told there had been miscommunication/ a mistake on the dealers part and I did owe the $5200 for the service on my trade in. I told the dealer they had to eat their mistake which was unacceptable to the dealer and was told by the Sales Mgr to bring the new car back and they would give me $500 off my service bill and my trade in back. I told the dealer I would get back to them today after being out of town for three days. ,what are my rights? I was told once you drive a new car off the lot that the deal is done and there's no changing your mind or the deal, doesn't that have to go both ways?
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you had a signed contract to this extent then mistake or not the dealer has to honor the contract. Unilateral (one sided) error does not have to void the contract. You need to tell the dealer that they will either honor the deal or you will file a complaint with the DMV Dealer Licensing Unit and also with the Attorney General's Consumer Protection Unit for investigation of their unfair and deceptive business practice.

You can enforce the contract as written and if they refuse then you can also sue them in court for specific performance on the contract, which is to enforce the contract as written.



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 11 months ago.
Thank you for the information regarding the DMV Licensing Unit and the Attorney General's information, this is what I needed to know before I speak with them again. One thing I forgot to ask, can the dealer sue me for the $5200 repair bill that I a originally agreed to verbally for the work to be performed? Or did they have to get any money due before taking possession of the Title and car?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.

If there is a repair bill, if you agreed to the repair bill, you have to pay that and they can still seek to recover it from you I am afraid.
Law Educator, Esq., Lawyer
Satisfied Customers: 90968
Experience: Attorney experienced in commercial litigation.
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