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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100364
Experience:  Lawyer
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I bought a brand new ram 1500 truck in nov/2014, had it

Customer Question

I bought a brand new ram 1500 truck in nov/2014, had it for 2 months and didn't like it so I traded it on a brand new ram 1500(nicer model) in jan/2015, the price of the new truck , which was advertised in the newspaper was 38000 dollars. My contract states that the amount I'm financing is 68000 before taxes. The first truck I bought was 42700 dollars buy out at time of trade in, and only had 3000KM . I believe I was ripped off because to get $68000 from $38000truck then it seems I only got $12700 for trade in. The black book on the first is $28000. Seems I got taken for over $15000. Is there any legal way to get this looked at?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

Did you not understand all of this when you agreed and signed the contract?

Customer: replied 2 years ago.
No,the contract is not clear on the negative equity on the first truck, from trading it in too early. The way its written is the purchase price is 68000 and down where it says trade in it has 44000 then a lein buy out at 42700.Like i was saying in my previous message, why would it say 68000 as purchase instead of the 38000 advertised price then down where it says trade in, it should have the trade in value as 28000 then the lein buyout at 42700 to get a negative equity of 14700 which then would be added to the 38000 purchase price for a total of 52700 not the 68000 that they have. Seems fishy, and wirh it written up that way it is noticable at first for a buyer that doesnt do this often
Expert:  Debra replied 2 years ago.

So would you say that you relied on these sales people to be your expert and they mis-represented the contract terms and price to you?

Customer: replied 2 years ago.
i would, my biggest question,is there anything i can do to pursue this? Is it worth it for what i believe is $15000 that i was taken for?
Expert:  Debra replied 2 years ago.

The law is that while in most cases a contract binding, when someone enters into a contract and that the party was misrepresented in a material way it is possible to convince the court to set aside the contract. Essentially, the party to the contract is not getting what he/she paid for.

In my view it is worth the money to retain a lawyer to send the dealer a letter threatening a lawsuit. I am not suggesting that you retain the lawyer to sue as I would recommend that you self-represent as you would be suing in small claims court. And, if you were to get that far and you find that you need some help as you go through the process you could always post on the site again and I could assist you further.

The hope is that the letter from the lawyer will help to resolve the problem.

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