Legal Question in Consumer Law in California

New Car Contract
On 8/27/00 we purchased a new vehicle; because it was Sunday, we gave them an estimated payoff for our trade. On 8/28/00, I called & received the payoff, which I immediately gave to the dealership. Because there was a difference of about $1500 I expressed concern. I was told that they expected differences, & that she would rework the numbers & contact us when new contracts were ready. On 9/9/00 my husband went in & signed new contracts; we were told that they had to remove the extended warranty to compensate for the difference in the payoffs. On 3/20/01, a collection manager with the dealership contacted me & said that because we failed our contractual obligation to provide them a true payoff we owed the dealership the difference. If not paid in 10 days she said the dealership will sue. We have a copy of the Trade In Pay-Off form which my husband signed that very clearly has the finance officer's notes where I called her on 8/28/00 & the amount of the corrected pay-off that I gave her. Have we fulfilled our contractual obligation to them to provide a true pay-off? Are we rewponsible for the excess? We were told by the sales manager handling the sale that the difference in the payoff was absorbed into the price of the truck.

Asked on 3/24/01, 12:27 am

Ken Koury Kenneth P. Koury, Esq.

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Re: New Car Contract

No one can tell you what your contractual obligations are unless they read the contract.

Answered on 5/30/01, 1:13 am

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