Legal Question in Consumer Law in Iowa

Auto Contract

We purchased a new vehicle on 7-7-08. After we signed the contract, I noticed they gave me $4700 for my trade-in instead of the $3700 we agreed on. I notified my salesperson who told me he would call me back. I never heard anything else from the dealer. Today I received a new contract in the mail with the $3700 trade-in. Am I required to sign this new contract or are they required to honor the initial contract?


Asked on 8/12/08, 2:47 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Auto Contract

I suspect this is a mutual mistake and a court would be likely to grant the remedy of recission of the contract under this cirumstance, since you noted the error and called it to their attention.

However, you could certainly claim now that you have changed position and acted in reliance on their having taken no action seeing as how its more than a month after the deal that they are trying to unwind it.

My first position would be to send them back the contract with the words "a deal is a deal" marked in red across the contract. If they get nasty and say they're going to sue, contact your local television reporter (most of the TV stations have a consumer advocate) and get them on your side.

The last thing a car dealer needs right now is bad PR.

If they get their lawyer involved and attempt to sue you, you can always reconsider this position.

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I am a Missouri lawyer and not an Iowa lawyer. This information is being provided as nothing more than consumer advice. You should not rely on it as legal advice as I am not licensed in Iowa. Therefore, before acting on this advice, be sure to consult with a licensed attorney in Iowa.

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Answered on 8/12/08, 3:01 pm


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