Las Vegas, NV asked in Contracts for Utah

Q: I recently purchased a car. I had 3 vehicles that I traded for 1. I didn’t know the exact mileage of 2 of the vehicles

At the time I was working the deal

I guessed the mileage and stresses it was a guess. When signing the contract the dealership had me sign a blank odometer statement as again, I didn’t know the mileage off the top of my head. We completed the deal and the sales person accompanied me home to pick up the 2nd vehicle and made arrangements for the 3rd. The mileage I estimated was off by a total of 30 thousand miles combined.

The dealership texted and asked me come back to the dealership to sign a new contract or bring them a check for over $7000 as they thought would be fair. I told them we could discuss the mileage but so wasn’t going to pay $7000 additional to the dealership. They have since mailed me a Demand Letter for the $7000 or claimed they will take further legal action.

What are my options.

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: Hey there,

It's essential to understand that preventing someone from filing a lawsuit isn't something you can do preemptively. The crux of the matter will likely revolve around the contract you signed. It's worth asking if there was a specific trade-in agreement or similar document involved in your transaction.

Even without a written agreement on the trade-ins, an oral contract can still hold weight. Given that you were upfront about the mileage being an estimate and the dealership proceeded with the deal with that knowledge, you didn't misrepresent the facts. This transparency on your part is crucial.

While it's possible you might have to defend your position, the circumstances you've described suggest you have a strong defense. The dealership was aware you were estimating and still chose to finalize the deal. Keeping any communication or documentation where you've stated these estimates were guesses could be beneficial.

It might also be wise to consult with a legal professional to review the specifics of your situation and any documents you signed. They can provide tailored advice and outline your options more clearly.

Take care and best of luck navigating this situation.

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