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I traded in my 2006 Altima for a 2011 Altima about a month

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I traded in my 2006 Altima for a 2011 Altima about a month ago. I gave them a check for $2000 and informed them that I may not be able to pay that money because I was waiting on an insurance settlement that I may or may not receive. They said if I couldn't pay it I would return the car and get my old car, since if even one cent of the contract/loan agreement changed the contract was then void. Turns out my settlement was far less than expected and I wasn't able to pay the $2000. I called to let them know but they had already sent my paperwork through to the bank even though the finance person assured me that they wouldn't send it through before hearing back from me.
I had also used an American Express car buying program, which guaranteed me a certain low price. After looking closely at my paperwork. It appears they did not use the agreed-upon price.
The contract and loan information was sent with the same information as when I signed it at the dealership, showing a $2000 down payment. I've done the math and even with that $2000 down payment that I didn't pay, I still paid too much. Is it my fault for not checking their math at the dealership or do I have a case for renegotiation?
Submitted: 5 years ago.
Category: Legal
Expert:  LADYLAWYER replied 5 years ago.

Hello,


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It will come down to a he-said/he-said, but you may have a claim here for fraud and misrepresentation. They will of course argue that you signed the contract and that nothing was misrepresented to you, but these car dealers are known to be shady and the court may side with you here. The dealership is also betting on the fact that you are not going to sue them, which you will probably have to do in order to get your money back and to get the deal unwound. You will still owe a usage fee for the vehicle. You may want to try to file a complaint with the AZ Attorney General first to see if something can be done without having to file a lawsuit. You can do that here: http://www.azag.gov/AllComplaints.html Please just let me know if you have any more questions. If not, please don't forget to click on the green accept button in the answer box so that I can receive credit for helping you. It is the only way I can receive compensation for my time and it will charge you nothing further to press accept. Thanks so much.


 


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