Consumer Protection Law

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My sister traded her car in and they sold her a new one. She…

Customer Question
My sister traded her...

My sister traded her car in and they sold her a new one. She got $1000.00 trade in on hers, and we had told them she wanted to put $1000.00 down too! After spending all day trying to find a bank they finally did. The salesman came back and said with $1000.00 her payment would be so & so! We kept trying to tell him it was $2000.00 but he argued the point so they just used the $1000.00 on the contract not the $2000.00. She signed the contract, they told her it would be 45 days til her first payment, this was on Feb. 8th. The bank called her a week later asking about the $1000.00 and we explained that no they just did the trade in . Today, Mar 26th over a month later the dealership calls her and says she has to pay the $1000.00 and sign a new contract! Can this be done ? Or since they are the ones who done this do they have to go with the first contract that was sign d?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

I’m sorry, Texas

Lawyer's Assistant: What steps have you taken so far?

None yet they just called her this morning

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She no longer has the $1000.00, she paid bills with it since they never asked her for it

Submitted: 24 days ago.Category: Consumer Protection Law
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Answered in 4 minutes by:
3/26/2018
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 24 days ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 123,228
Experience: Attorney experienced in commercial litigation.
Verified

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

If the only money in the contract was the $1000 trade in amount, then they have a breach of contract, which they will claim was an inadvertent error and the entire deal was for a total deposit of $2000. If the parties initially contemplated $2000, then they can force her to pay the additional money and reform the contract, because $2000 was part of the original deal that she contemplated.

In order for her to prevail on this one, she would need to prove there was never any agreement on the $2000 and the agreement was always $1000 and it was not a mistake.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 24 days ago
She got $1000.00 trade in and only $1000.00 was in the contract
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 24 days ago

Thank you for your reply.

I understood that part, but if that was a mistake and the intent of the parties was that it was supposed to be $2000 then such a mistake is grounds to reform the contract and correct the mistake. If she is now going to say that $2000 was never the intent, since she spent the money, then she can argue that there was no mistake and the deal was always $1000 and the dealer is breaching the contract, she can do so but it will mean she will need to go into court and sue the dealer over their breach of the agreement and seek a court determination on the claim of error.

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Law Educator, Esq.
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Category: Consumer Protection Law
Satisfied Customers: 123,228
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Experience: Attorney experienced in commercial litigation.

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