Legal-ish question

[Hunkerdown]

Really need some advice on this one:

We got our truck Tuesday. We agreed on payments, warranty, my trade-in, etc, and both parties signed the contract. I've had the truck since then. Last night, my wife gets a call while I'm at work, and it's the lady at the dealer, who did our paperwork.

She says that they made a mistake. They gave us a $2000 rebate on the contract by accident, and they want us to come in and draw up another contract, or add $2000 to our down payment.

I certainly didn't pay any attention to, nor had any knowledge of, any rebate whatsoever before the signing of the contract, and I could tell she was in a hurry to get us out the door (it was late).

Do they have a leg to stand on at all?

[badge778]

In the state of Ga, a contract, verbal or on paper is a legal and binding contract. Tell the dealership, thanks for the extra $2000 discount.

[HDSouthCali]

+1 ^^^

guess you got a really good deal...

[Raven]

Well I would say yougot a good deal. I though anything on paper is a legal and binding contract and they have to go by that in any state. is that true or no. only incertain states

[bgstew6]

hit up britncali...he sells cars and will tell ya what the skinny is on that.

[NatAspHD00]

Doesn't matter, as long as it is in the contract and is signed by both parties, it is binding and cannot be overturned without a counteroffer and a new contract. If they mess with you, bring them to court. They won't push the issue because anyone knows the court would laugh at them and send them on their way.

Congrats on the extra $2000.

Saint

P.S. Any dealership who tries to pull that crap is suspect IMO.

[Hunkerdown]

Thanks for the feedback, folks

I called the dealer a little bit ago, after double checking my footing with a lawyer. The sales manager didn't even try to contest it, but he was a total jerk about it. He said "Don't worry about it, Sir...We'll just eat the loss...don't even worry about it"....but his tone made me feel like he thought I was a terrible human being with no conscience.

I let him know that I didn't appreciate his tone.

I won't buy there again, either.

---Hunker

[bgstew6]

Dont ever take it back there for any service work....LOL

[HOTSANDRAIL]

.

[01harleydude]

Dont ever take it back there for any service work....LOL

yeah no doubt!

congrats on the new rig and post some pics!!!

[britincali]

Contract is legal and binding unless they mail you a recission notice within 10 days, tell them you will come in next week (so they don't mail a notice) then after that tell them thanks for the $2000.

The F and I girl should learn to proof read the contracts before signing.

['02HD#3982]

You have a free $2 grand to put in the mod fund!!!!!!!Congrats.

[NatAspHD00]

Contract is legal and binding unless they mail you a recission notice within 10 days, tell them you will come in next week (so they don't mail a notice) then after that tell them thanks for the $2000.

The F and I girl should learn to proof read the contracts before signing.

never heard of the recission notice before. and yes, $2000 will buy some nice mods. hit up GG

Saint

[Don't H8]

short answer: contract law is state governed and thus nuances can be different from state to state. Under a majority of states (often refered to as the majority rule), a unilateral mistake (i.e. mistake by one party) is NOT grounds for a termination or recission of a contract unless it materially impacts them. The materiality standard is very difficult to prove, particularly when it was made by a "company" (often referred to as a sophisticated party) dealing with an individual consumer. Thus the dealership's mistake of thinking there was a $2k rebate on the vehicle is not grounds to rescind/terminate the contract.

I'm not sure about Cali law as it is generally not in the majority view

***EDIT*** BTW, congrats on the purchase and welcome!

[C Dillon Go]

Dont ever take it back there for any service work....LOL

++3!!! But you knew that by the tone of his voice huh??