Legal Question in Credit and Debt Law in West Virginia

Purchasing

I recently purchased a new vehicle. I borrowed the money from my credit union and then went to the dealer and signed all the legal purchase papers. I had the vehicle in my possession for 5 days and the dealer called and informed me that there had been a mistake in calculating the price. The dealership mad a $5,889.00 error. When subtracting the sticker price and the trade-in value the mistake was made. Now, the dealership wants us to pay the difference claiming it was an honest and obvious mistake. What can I do about this.


Asked on 1/22/02, 2:03 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: Purchasing

Well, you are thinking, "finders keepers". There is not enough detail to evaluate the situation. I could not offer legal advise to you about this without all of the detail. Generally speaking, if a person makes an offer, even if he has made a unilateral mistake about the price he wants to offer, and the other side takes the offer and performs, the seller is stuck.

On the other hand, if there is a mutual mistake about some important fact, either side could rescind the deal. So the first analysis if a factual one. What was the intent of the parties. Courts will attempt to give deference to the deal as comtemplated and agreed upon. I have seen similiar situations go both ways. You can never go wrong doing the right thing.

If you made the deal, the courts will seek to hold you to your committment, keeping in mind the relative fairness to both parties. That is, to put the parties in the same or similiar position as if the screw-up had not occurred. I have only discussed common law equitable principles. There could be a specific trade or consumer statute which is definitive on the issue.

There may also be specific case law in you jurisdiction that leans one your way or against you. Good Luck

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Answered on 1/24/02, 6:58 pm


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