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Anne, Lawyer
Category: Legal
Satisfied Customers: 2302
Experience:  Trial Lawyer, 15 Years Experience
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If an auto dealear makes a mistake on a signed & ...

Customer Question

If an auto dealear makes a mistake on a signed & Paid Sales contract and sales a vehicle at a lower price, can they withhold title to force the buyer to later pay the increased price?
Submitted: 9 years ago.
Category: Legal
Expert:  Anne replied 9 years ago.

Dear Atlanta, Georgia:

If I understand your question correctly, someone purchased a car from an automobile dealer, using a written sales contract. The price on the sales contract was lower than the automobile dealer meant to sell it for. Now, the automobile dealer will not transfer title unless the buyer pays more money.

From the way you asked the question, I'm sure that you realize that the answer is "no" (unless, for some reason, the contract didn't specify title -- but why would you buy a car without title?????). You have an enforceable, written agreement for sale.

If the dealer is a member of AAA (the American Automobile Association) or BBB (Better Business Bureau), contact them, as they may be able to help resolve this issue for you. If not, this probably isn't the first time the dealership has done this -- you might want to check with local law enforcement agencies (police or sheriff) to see if they can assist. You should also be able to find an attorney if it goes that far.

Anne and other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Thanks for the reply ... given the urgency of the information, I pursued parallel paths and had the opportunity to also speak to a local attorney that indicated that if the Dealer had reasonable proof that the price indicated on the sales contract was simply a typograpical mistake (i.e. from the Buyers Offer at the higher price), the courts would allow that evidence to be entered into the courts consideration, and if reasonable, would probably side with the dealer.