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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91921
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hey, case ques. is for breach of contract. For that is called

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hey, case ques. is for breach of contract. For that is called 'consideration" to be a contract. offer acceptance -consideration. can you explain - details?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Consideration in PA is the reason someone entered into the contract. In PA consideration is considered something of value that each party or one party received as a benefit for entering into the contract. If a court finds there was no consideration for entering into the contract, they can void the contract for lack of consideration.


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Customer: replied 1 year ago.

i accepted to buy a used car, and dealer reneged on the rebates/discount they offered to me. if consideration is the car, would it also be promised discounts? since there are a value

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

The rebates and discounts could be considered a material reason for entering into the contract, yes, They are not necessarily consideration, but they are a part of consideration for entering into the contract, since you were promised a certain price and discounts so they have not complied with a material term without which you would not have entered into the contract to induce you to enter into the contract.
Customer: replied 1 year ago.

so, when we agree upon a price for the car, that is a oral contract. one they can't say oh, nah, i the dealer change my mind. so, if they set a price- i say okay and since you promised a $3000 rebate. i will pay you your price minus discount. that is a contract? it was then they said no deal. is it a breach of a deal/a contract if it was agreed upon, then car is the consideration, car dealers around here say on a trade-in we give you car value plus (say) $1500.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Under the statute of frauds, to be enforceable, this contract has to be in writing. There are some exceptions to the statute of frauds, but that would require you to have agreed to the oral contract and then have taken some step in furtherance of the contract (partial performance) such as paying them or taking the car. If they simply make some oral promises and then when it comes to signing the contract they change the deal, you have the right to walk away and no contract is ever formed, but you could not hold them to oral promises in this type of contract based on the statute of frauds without some partial performance on the contract at the very least.
Customer: replied 1 year ago.

my main issue is why promise 2 different discounts, promise me them on a purchase, hardsell me a car with these 2 discounts in writing and not honor them. 2nd issue is that a reasonable person after the reasons above won't buy this car, a car. there seems a need for fairness, that applies simply that i wasn't stupid and bought a car. Fairness for a consumer who spends 3 hrs. at a dealer and is treated as the 1 who is wrong...a consumer protection law. is their a legal angle of this arguement?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You said it was oral, but if they put this in writing you can sue for breach of contract for making the offer to you in writing which you accepted.

You also can file a complaint with the DMV dealer licensing unit and also the Attorney General's Consumer Protection unit for unfair and deceptive sales practice if they put these discounts in writing to you.
Customer: replied 1 year ago.

thanks for the advice of followup elsewhere..the discounts are written and mailed to customer. they weren't written at the dealer. i did bring them with me and showed them and they said they would honor it on a used car purchase. whereupon we agreed on a price of a car and they said no discounts

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

If you are referring to advertisements, those are not held to be contracts, they are held to be "offers to negotiate" by the courts. Once you agreed on a price, if they would not honor those discounts, then as a buyer you had a right to not accept the deal and walk away and there would be no contract. This is just their negotiation strategy to get people into the dealer to negotiate and if they do not want to give you the deal they offered, then you did not sign anything and are not bound to deal with them so you can walk.
Customer: replied 1 year ago.

i'm a bit bashful, but yes i should've asked for it in writing. there. i did 2 mos. before had the same deal offered there and went in to see if real and was told yes, for real on a car. it seems like fraud to me. such as why buy the car, for a price that you were told it'd be so as to constitute fraud. say a store advertises a chair or lamp at $25.00 and you go there and they they say,nah i don't like your hair or like your clothes so i don't feel like giving you the cheap price. can they renege on floor prices in a store also?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

A store advertising an item for sale, just like a car, is an invitation for the customer to come in an negotiate and if they have items of that price as advertised then they have to sell it at that price or it is false advertising. This issue with the car is a little different in that they did not offer you a car at a price and they changed it after, they offered additional discounts and those are offers to negotiate with you and as I said, you can report them to the dealer licensing bureau of DMV and the Attorney General for unfair practices.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 91921
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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