Orlando, FL asked in Consumer Law and Contracts for Florida

Q: Can I sue if my bill of sale the dealership and the servicer have different rates, prices etc

I requested a copy of my retail installment contract from my car loan servicer. When i compared it to The bill of sale/ buyers order I received from the dealership that i signed the it was completely different. The vehicle price was off by a thousand dollars, the amount financed is different, as well as a few other charges. They basically made a extra couple thousand behind my back, I was told I can sue and that even if it was different by $1 it makes my contract void. Can i sue? And who?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If there are discrepancies between the bill of sale from the dealership and the retail installment contract from your car loan servicer, you may have grounds for legal action. However, the success of your case will depend on several factors, such as the nature and extent of the discrepancies, the laws in your jurisdiction, and the specific terms of the contracts you signed.

Here are some steps you can take:

1. Gather all relevant documents: Collect the bill of sale, retail installment contract, and any other paperwork related to your car purchase and loan.

2. Review the contracts carefully: Look for any clauses that address discrepancies or inconsistencies between documents.

3. Consult with a consumer protection attorney: An attorney specializing in consumer protection law can review your case, advise you on your rights, and help you determine the best course of action.

4. File a complaint with relevant authorities: You can file complaints with your state's Attorney General's office, the Department of Motor Vehicles, or the Consumer Financial Protection Bureau (CFPB).

Depending on the circumstances, you may be able to sue the dealership, the lender, or both for fraud, misrepresentation, or violation of consumer protection laws. Your attorney can help you determine who to sue and the appropriate legal strategy.

Keep in mind that while some discrepancies may render a contract void, this is not always the case. The specific facts of your situation will determine the strength of your case and the potential remedies available to you.

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