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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116722
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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my question was i purchased a nissan maxima in dec 08 in ga

Customer Question

my question was i purchased a nissan maxima in dec 08 in ga after getting home i notice 3400.00 was added for extended warranties and gap, i immediately called and told them i did not want that, they said they would take it off, so i would call about it and i told them i did not want it if it was not taken off,they said no problem they took 3 months to take it off and i have the proof in the paperwork at which time i no longer wanted the vehicle i surrendered it now they want 6900.00 from me after auctioning it off this seem unfair,what rights do i legally have.
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
You can argue that you did not agree to the additional charges and you notified them to remove them and they agreed. Your problem will be is that if you signed the contract with those charges in them, courts hold people liable for contracts they sign and you cannot counter a written contract with an oral promise to change and oral testimony will not be allowed in to prove the contract was changed (the Parol Evidence Rule). Thus, since they did not change the contract, you would have to file suit against them if they will not give you credit for those additional charges and allege fraud or misrepresentation, but this will not be easy either. You should have immediately returned to the dealer and made them change the contract in writing. You can also call the State Attorney General's Consumer Affairs Unit and complain about unfair business practices of the dealer if they will not give you credit.

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Customer: replied 8 years ago.
Thanks for your legal advice,very helpful. I have the document showing they took the amount off but that was 3 months later shouldnt there be statutory limit of the time it takes to remove it, u can place it on a contract in a day but u agree but then take 3 months to remove it.
Expert:  Law Educator, Esq. replied 8 years ago.
That is fine, if you have a document showing it should have been removed, then you should not be forced to pay it now. Once these policies are sent in, it does take time to reverse them in the systems, so the 3 months would have been reasonable. You need to send a copy of that document to the lender showing that you were not responsible for that amount.

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