Legal Question in Consumer Law in Pennsylvania

If I bought a used car for 21500 and a doc fee of 250 was assessed so total price was 21750 and since the purchase was out of state no other taxes or fees were assessed. However the seller had the price of 22750 listed as the total, and the buyer unknowingly paid that 22750 not knowing the math was incorrect and didnt add up. The seller paid by personal check. The sellers copy of the agreement of sale only has the sellers signature, and not the buyers. Can this 1000 be legally returned to the buyer? The title also lists the sale price of 21500 and net price of 21500 and zero taxes paid. It is clear their was an error made in the math on the sales agreement b/c the numbers add up to 21750, not $22750. The NJ transfer of title doc is signed by both the seller and buyer. I am a PA resident and bought the car in NJ.


Asked on 6/11/10, 4:19 pm

1 Answer from Attorneys
Rachel Hunter

I would have to see the documents. Your narration is too confusing. Were you the buyer? Why would only the seller sign the bill of sale? Why would the seller pay anything if they are SELLING the car? The buyer had a duty to read the contract (bill of sale) before he bought the vehicle. However, this case will turn on mistake.

The courts will generally only relieve a mutual mistake. Since the car was bought in NJ, NJ law will apply. I am not licensed in NJ. You should take the bill of sale to a NJ lawyer and ask him whether the law of mutual mistake entitles the buyer to a refund of his overpayment.

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Answered on 6/13/10, 9:38 pm


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