Legal Question in Consumer Law in New Jersey

Automobile

I recently went to a new car dealership to trade in my 2000 Ford Explorer for a newer model. The vechicle which I was trading in was a 2000 Ford Explorer Sport 2 door with 80,000 miles. I owed $8400 on the car and they would only give me $4000 on a trade in. The only reason they would give me so little they said was the mileage on the truck. Therefore to fit the payment for a new 2005 Ford Explorer into my price range, it was determined that I would have to lease the truck. The negotiated rate we agreed upon was for a monthly payment of $436 for 39 months with a buyout option for $12,100 upon the end of the lease. I signed paperwork stating such. Today, I received a call from the General Manager from the dealership who stated that they overestimated the trade in value of my truck because it was 2 wheel drive instead of 4 wheel drive. The day of purchse the dealer took my keys and inspected the vehicle and were willing to give me $4000 on a trade in, as stated earlier. The General Manager stated that my payments would now be $475 per month as opposed to the agreed upon rate of $436. Is this contract that I signed legally binding or do I have to pay the new rate? Ford Motor Credit has not received the new paperwork yet. Pls advise!!


Asked on 7/11/05, 6:56 pm

2 Answers from Attorneys

Re: Automobile

It is hard to properly answer questions such as this as there is information missing.

1) it sounds like all the paperwork is signed.

2) DID you take posession of the new vehicle???

3) do they have posession of your old car?

Assuming these 3 things have occured, I'd tell the dealer you spoke with an attorney and a contract is a contract is a contract. If they give you a hard time, tell them you will sue for consumer fraud. If they still a give you a hard time, you will have to call an attorney.

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Answered on 7/13/05, 11:08 pm
Robert Davies The Davies Law Firm, P.A.

Re: Automobile

I would need to know a bit more, but it sounds like your complaint is that they agreed to credit $4000, and now want to reduce it AFTER the contract was signed. Sounds like they are not entitled to do that, unless there is something in the paperwork that you do not know of. And a Judge would have to agree with them that the loophole is fair and should be enforced. This is a very interesting situation, and worth pursuing with an attorney.

Please feel free to call me at 973-890-0400, if you wish.

Bob Davies, Esq.

Robert F. Davies, Esq.

Davies, Davies & Sandberg, P.A.

37 Vreeland Avenue, Totowa NJ 07512

voice 973-890-0400; fax 973-890-0722

email to: [email protected]

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Answered on 7/11/05, 9:17 pm


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