Legal Question in Consumer Law in California

Contract Dispute over amount owed.

Recently I purchased a used vehicle from an auto broker. We signed a purchase agreement, registration papers, etc and I paid him the agreed upon final price of $14975 as stated in the purchase agreement. This was to include the price of the vehicle, taxes, registration, fees, extended warrantee, etc. I didn't realize this at the time but apparently the broker added up the itemized prices incorrectly and the final price should have been approxiamately $16000. The broker called me a few days after I picked up the carand paid him, informing me of the mistake and he made accusations and stated that he isn't going to turn in the warrantee info to the warrantee company, until I pay him the additional funds. The warrantee was $1190. My question is what are my rights legally in this situation. I paid the final price from the purchasing agreement which had the warrantee written on it. Is he obligated to fulfill the contract inspite of the mathematical error?


Asked on 8/04/00, 2:34 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Contract Dispute over amount owed.

It depends on how the contract is written. If the various charges are itemized in the contract and just the total was wrong and you can clearly see the mistake in the contract them the dealer has a good case. However, if they performed a mathematical error and just entered the total figure on the contract form then they are probably stuck with it.

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Answered on 9/14/00, 4:12 am


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