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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116722
Experience:  Attorney experienced in commercial litigation.
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I leased a mercedes Benz sl63 from Husker auto group through

Customer Question

I leased a mercedes Benz sl63 from Husker auto group through an independent auto broker not associated with Husker auto group or mercedes Benz for that matter. The lease contract was fed-xed to me in Louisiana all the way from Illinois. I signed where the arrows pointed to and sent it back to them in an envelope that was pre addressed back to the Illinois dealer!!! No one watched me sign the contract, no one disclosed anything on the contract to me because no one was present. Not a notary or even a next door neighbor. Come to find out. The Broker who was not affiliated with the dealer or mercedes Benz was the one that quoted me payments that were on 48 months mot 36 like we had agreed on!!! I did not notice that the term on the contract was 48 and not 36. There fore I was paying 1 year more at 2598.00 per month!!! Is this legal. And do I have the right of resision
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, the right to redhibition in Louisiana would not apply to a situation as you describe. The issue here is unless the contract itself gives you a right to cancel there is no such right. The fact that nobody watch you sign and nobody disclosed anything to you or no notary or even next door neighbor was present is not a factor here. The Louisiana and IL courts both hold that when a person affixes their signature to a contract, that is their indication that they have read the contract and have understood and agreed to those terms in the contract and the courts have to hold them bound to that agreement.

If the contract was supposed to by 36 months and the one you signed was for 48, that is something you should have caught and what you now need to do is argue that there was no meeting of the minds and you need to contact the dealer in IL and inform them they made a typo on the contract and it was supposed to be a 36 month and not a 48 month contract and ask them to modify it. If they do not modify it, the problem will be trying to prevail in a court, because you did indeed sign that contract and that is your agreement to be bound as written.

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