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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
Is there a specific question with which I could assist?
Yes, initially so.
Unfortunately, there is a defense to the formation of a contract known as "mistake". It is exactly what it sounds like, you can get out of a contract if it was entered into and there was a mistake as to material facts.
You will want a lawyer to help you sort through what was and what was not know, what they are basing their subsequent rejection on, etc. They are going to allege "mistake" so your lawyer has to figure out what it is based on and how to defend against it.
Yes, but the law doesn't require them to correct it. The law looks at whether or not there was a mistake and, if so, was it a material mistake. For instance, if they say the mistake was that they thought they were selling a 2006 model but the paperwork was done incorrectly and it was actually a 2016 model, then the court is probably going to say it was a material mistake. If, instead, they state it was supposed to be sold for $10,050 and instead they sold it for $10,000 then the court is probably going to say that $50 isn't a material mistake when you're talking about $10k.
Not exactly, what I am saying is hire an attorney to look over the information, contact the other side, and find out what reason they have for not wanting to tun the title over to you. Once you know the reason for certain and get an explanation as to how the issue occurred then at that point you can make a decision on whether or not to sue.
At this point I can be reasonably sure they are going to claim mistake because it is the only defense that make sense under your facts. However, just claiming mistake isn't sufficient, the burden is on them to prove that it was a mistake as that term is used in the law. I think that your chances are pretty good especially since you did the follow up, it was purchased at an auction with, I assume, no reserve, etc.
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