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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 57730
Experience:  Licensed attorney helping individuals and businesses.
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The main advice I need is regarding a retail install sale

Customer Question

The main advice I need is regarding a retail install sale contract for a used car at a dealership. After reviewing the contract, I notice that dealership did not go over in detail the contract with me prior to signing it, therefore I did not notice that in addition to the extended auto warranty was optional, gap was too. Dealership did not verbally tell me that GAP was optional.
Also on contract, it appears they did not deduct the $3,000 cash I gave them from the subtotal and instead included it in amount financed on the contract. I had a unside down loan for $16,668. and if I gave them $3,000, this should of lower my amount to $13,668 plus sales tax and fees totally $14,968,.This is what I should have been financed, not $18, 412.00. They added on $3,395.00 for two optional fees
I bought a used car on 7/27. I had a 3 day return policy until 7/30 if I was not happy. ON 7/29 I called the dealership to speak with the financial manager that I wanted to cancell the extended warranty for $2,500, he told me the contract was already processed, so I could not write up a new contract but the credit would go towards my principal amount on the loan. I thought with the 3 day return policy, the paper work would not be processed yet. On 7/30 I took car to be serviced at dealership for bad rear tires. On the pre inspection, it was noted that the tires were ok, however on a copy attached to this was a paper that notes something about the tires being noise. This was not disclosed to me prior to buying the car.
I want to call dealership but I do not know what to say to them about the contract issue and what do do about this. I have even considered putting another $5,000 down to lower my loan amount for different car that the dealership ( autonation) has at one of there other locations
Secondly on 7//29 I was told that on 7/30 the financial manager that wrote my retail sales contract would be in on 7/30, however when I went to get car services, he was not so I was unable to speak to him about the tire issue and that the pre-inspection did not indisclose the tire issue.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.


Expert:  Infolawyer replied 1 year ago.

at this point, are you seeking money damages only or something more?

Customer: replied 1 year ago.
I need to know if my contract was written incorrectly, therefore I have dealership break the contract. It has too do with the $3,000 down payment and on the form Line 6 G is $3,000 cash but for total downpayment it states $0, not $3,OOO
Expert:  Infolawyer replied 1 year ago.

There is a material error. This is a key provision in the agreement. That renders the agreement voidable, not void, which means you can cancel if you choose and get money back!

Customer: replied 1 year ago.
I want dealership to break this contract, and do a new one showing the total financianed is minus the $3,000 plus the $3,395 for the optional fees for a different car or return my trade in car if possible. I had a 3 day return policy that dealership had. It has been only 6 days. ON the 3 day I had to have car serviced so was preoccupied with that and not dealing with the 3 day return policy if I was unhappy.
Customer: replied 1 year ago.
I dont understand: material error, please explain. What do I say to dealership about the contract.
Expert:  Infolawyer replied 1 year ago.

Material mistake. Important error in the contract, which means you have every right to demand they break it and do a new one reflecting the terms of the parties!

Expert:  Infolawyer replied 1 year ago.

If i can clarify anything else, please let me know.

If the answer is now clearer, please tell me that too. thanks.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.