ok my family just purchased a 2005 silver streak mica TC on thursday. it had a spoiler, fog lights, Airbags, and the Mats in them. we went to fill out the forms. we filled out the papers and payed for the car in full. what happened was the price they sold us was for a standard TC with no options... and they now want us to return the TC or pay up for the options. what should i do in this situation?? the papers are all signed and we have payed for the vehicle... please if anyone could help us let us know.. oh and by the way, the manager threatened to call the state of minnesota and have our name taken off the title of the car.

 

thats messed up. you shouldn't do it becuase in the state law, you cannot change the contract.

 

what did you actually pay for? a base tC? thats thier fault for having all the extras on it and not charging you. you have it in writing what you paid for...take them to court

 

be sure there isn't a law that would rotect them from "human error" there are sometimes rules that protect businesses like that. Most states though are consumer friendly and more than likely it's just too bad for them...

Either way, good luck! My personal opinion is that you got lucky and they lose out.

 

um they can't do crap. If they sealed the deal and even deliver your car it is their fault and loss. I know of a salesman that said a car had air conditioning and sold it as one, but failed to realize that the car didn't have it. By Wisconsin law the dealership had to give him a car with air or forfeit, by the buyers discretion, the contract.

I am pretty sure it is up to you on what to decide. They are just threatening you for their screw up. I don't think they can do diddly now. Now if this was before delivery and you didn't sign crap, well.....

 

keep the car but dont return for the free oil changes

 

Check your contract to see what is listed on the contract. If the options are listed on their for the price you paid already then don't worry about it. If the options are not listed, then it's a lawyers' game whether or not any more money is owed the dealer.

 

amen to that ____.... I have taken business law classes in school, you are not obligated to pay for the extras.

 

if its all signed and complete then they cant say ****. get yerself a lawyer if it comes to that.

 

thanks for the opinions...
the options arent listed on the contract. the total was for a 16,515.00, but the price they wanted us to pay for the one we have is 18,100 i think... they cant do anything to us if we already payed for the whole 16,515.00 right?

 

i forgot to mention that, we went in and ordered a new TC on may 2, 2005 and they didnt know how long it was going to take since it was the end of the 05s.. so after a month of waiting and still without an estimate of how long it was going to take to get one, we saw one on the lot. decided to take that one and than thats how this all happened. does it make a difference that i took one off the lot or not?

 

 

Technically this is considered a unilateral mistake in forming the purchase agreement with you. (As a unilateral mistake: It means ONE party to the agreement made a mistake. If it could be argued that you reasonably were not aware of the error then you are free from liability) You could have a lawyer argue that you did not realize at the time of the purchase that you were aware of the additional value you were recieving inclusive of the purchase price. This will be a tough arguement though, as our cars are sold on the basis of accessorizing as a main sales gimic.

I would politely call the sales manager and let him know that your deal has been fully executed through delivery of the vehicle to you and that should be the end of the discussion.

Should you make that phone call to the dealership, don't mention that you have contacted an attorney just confidently say that you are aware of your rights as a buyer of goods as viewed under applicable U.C.C. (Uniform Commercial Code). You could further explain to the dealership that as a merchant seller in the ordinary course of business, they at the dealership should have been 100% aware of the car that was delivered to you in execution of the purchase agreement. Should they feel as though they were inadequately compensated for their goods then you can explain that the consideration you have given in the form of cash and or the execution of a financing agreement is and will be deemed adequate in the court of law. A court will not attempt to invalidate the agreed upon consideration as inadequate, it's not a courts job to evaluate the value however it is there job to uphold a valid agreement. Hence we are led back to your origninal purchase agreement which holds to be fully executed and valid.

This advice is based on Federal trade law. If anyone has a different take please advise otherwise.


Sorry if I am rambling, it's late.

And good luck...

N Y C X B O X

 

oh my... this is interesting

 

IMO, I rather pay for the base price, and purchase the aftermarket products thats available through this site or other vendors. The aftermarket accessories are way cheaper than what the dealers offer, plus you'll have more to choose from.

 

i know in the state of NJ you can not profit from a companies mistake. my fathers friend owns a swimming pool service company and his guys installed a filter at the wrong house. and refused to pay for it (understandable if you ask me). what ended up happening was they went to court and the guy was ordered to pay for the cost of the filter. i don't know if this relates to your problem at all since you have a contract and there wasn't one in my dads friends. hope this helps.

 

well, make them take you to court if they want it that bad, see if it is even worth their trouble for 1400 or whatever dollars. The name off the title cannot happen without a court order. Finally, I know the case seems clear and cut and they messed up. However, I know of cases for example, a door to door salesperson makes sell a refrigirator for x amount, and the judge decided it was simply unfair, and ordered seller to return some of the money. The seller tried to sell a fridge for triple the price of what it normally sells, and the court decided to protect the consumer.

Could something like that happen in your case where the judge is sensitive to the dealer? Maybe, I don't know. I think if you spotted a car on the lot you wanted, ordered it, and did not know you were getting more for your money, and the deal was finalized, then you should be ok. Hey, just keep driving the car, worse comes to worse you'll owe them a bit of money, but you are not getting ripped off. I'm not even sure it is cost-effective for them to take you to court...

 

call a lawyer, the internet isn't the place to be getting legal advice. It could also scare them into giving up if the lawyer calls on your behalf and explains the situations and your rights.

 

aw man your lucky....you just won yourself some free items.....i dont believe they can make you pay more since you already signed the contract.....