Escondido, CA asked in Consumer Law and Contracts for California

Q: Dealership is asking for more money after over 6 weeks since purchase.

We purchased a car at a reputable dealer with a trade in. We provided the pay off amount twice verbally and offered to send it via email but they declined. We made it very clear that we did not have money for down payment and explicitly asked if they would be calling for more money later which they said "absolutely not". Now the dealership is asking for $5xx for "high payoff". Turns out the dealership only wrote in $34xx in the contract for pay off when we told them it was $39xx and we did not catch this when signing the documents. The old car is already paid off and the new car is already owned by the lender. Do I need to pay this $5xx?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Good evening to you,

In this situation, it would be advisable to review the contract you signed with the dealership to determine if there are any clauses or provisions that address the issue of payoff amounts. Additionally, you should carefully examine any documentation related to the trade-in and payoff amounts that were discussed during the negotiation process.

If the contract clearly states that the dealership will pay off the trade-in vehicle for the amount you provided, and you have evidence to support this (such as emails or text messages), you may have a case to dispute the additional $5xx being requested by the dealership.

It would be best to consult with a lawyer who specializes in consumer protection or contract law to evaluate your specific situation and provide advice based on the laws and regulations applicable in your jurisdiction. They can review the contract and any supporting documents, and advise you on your rights and options for resolving the issue.

Remember, it's important to rely on professional legal advice as laws can vary, and an attorney can provide you with guidance tailored to your particular circumstances.

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