Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello, and welcome. I am a licensed attorney and happy to assist.
Technically, if the numbers do not reflect the agreement, as may be the case if the numbers were thoroughly discussed and the dealer switched them in small print and then put the paper in front of you and told you to just sign, you can denounce the contract and refuse delivery. The difficulty would be getting the dealership to acknowledge that the contract doesn't reflect your agreement, or proving dealer fraud to a court of law if sued for breach of contract/nonpayment, or if suing to rescind the deal. That may be a heavy hurdle, but if you can do it, you can walk away. The fact that the truck is still on the lot isn't a factor one way or the other. You may want to have a talk with dealer management and see how far you can get, or gather your witnesses to determine if you can make a case.
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Thank you for the additional information. If you signed a written offer, that's the document that should govern, because that is what you agreed to. The problem is that the second document (assuming that's the full contract) likely has a provision in it that it's terms supersede any prior document. However, the written offer, signed by you, is evidence that the 2nd document was wrong, misleading or even fraudulent because if terms might have changed, certainly the sale price would not. The dealer may recognize the error and correct it, in which case the offer price will again govern. If not, you may have to bring a court action for declaratory relief and breach of contract, but you would likely be successful. At that point, you would have the option of walking away or forcing the dealer to honor the lower price.
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