Legal Question in Consumer Law in Texas

My question involves a consumer law issue in the State of: TEXAS

We just purchased a new vehicle last Saturday (3/21/15). I just got a call from the dealer and he said that they messed up the payoff amount of our previous vehicle. The payoff was supposed to be $37,000. We told this to the dealer during negotiating the numbers on Friday evening. The dealer said they called twice and got the quote of $32,000. We were happy and relieved that the payments were lower than expected while signing the finance papers. He called saying the quote was indeed what we told them and want us to resign the paperwork. Now, this will of course increase our monthly payments that will be well out of our budget. We do not and did not want our note to exceed a certain amount; we told them this during negotiations....that's why it took all night to finally come to an agreement! We traded in 2 cars for one. He said that we need to come in and resign the new paperwork so the payoff is correct. Can we just tell them this is their error and honor the contract? Or are we required to resign? Can we say that we don't want to go through with it and give them the new car back and get our cars back?? We rather just get our cars back and leave them alone completely! Thanks for your help!

Asked on 3/23/15, 8:16 pm

1 Answer from Attorneys

Adam Kielich The Kielich Law Firm

The first thing you need to do is contact the financing company for both for both of the cars you traded in (if there were notes on both) and find out what the payoff amount really was. If the dealership is fabricating the payoff amount to get you to sign new paperwork then you certainly have no reason to sign new paperwork.

With regard to the rest of your questions, it's impossible to give you meaningful guidance without seeing the terms of the contract. I'd encourage you to talk to a consumer law attorney in your area ASAP.

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Answered on 3/23/15, 11:17 pm

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