Legal Question in Consumer Law in Michigan

auto loan

I purchased a car a month and a half ago, and haven't gotten a payment book. I called the bank and they said that there was no loan for me. i contacted the dealership to find out, i signed the wrong loan, and the number of the loan i signed was a declined loan for another cusomer. the title and license is in my name. the dealership wants me to drive over an hour away to sign new papers and bring the first months payment to them. in my opinion, they messed up big time and they signed over the car to me, and technically since there isn't a loan the car is mine, free and clear...and i just dreaming or is there really nothing they can do...?


Asked on 1/07/09, 6:27 pm

3 Answers from Attorneys

Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: auto loan

Sorry, but you are just dreaming. There are causes of action such as unjust enrichment and probably several others they can sue you under in Michigan, depending on the specific facts. Contracts can be revised based on a mutual mistake. As the saying goes . . . you don't get something for nothing. Also, I'm sure you would agree that, morally, it is wrong to try to make the dealership give you a car. You should do what is reasonable to correct the mistakes.

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Answered on 1/10/09, 11:17 am
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: auto loan

You are not going to get out of paying for the car because the dealership will be able to sue you since you agreed to pay x amount and have yet to do so.

You do want to be careful about loan documents that you sign as you want to make sure they are the same terms you were planning to pay to begin with. If you aren't sure about that, have an attorney review the terms before you sign the documents.

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Answered on 1/11/09, 6:48 pm
Matt Van Steen 248-398-7100 Garmo & Kiste PLC

Re: auto loan

You are likely just dreaming, i would imagine the Dealer might successfully sue you under either the Contract Doctrine of unilateral mistake or Bilateral Mistake, they might also bring an equity action in your Circuit Court, and that's just what i can think of now, I'm sure there are other causes of action as well. My Grandfather loves to say nothing in life is free, i think your car is going to fall into this category. As always I would suggest you consult a attorney because what you write in a three sentence posting never completely tells the story and that might change the diagnosis.

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Answered on 1/08/09, 7:16 pm


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