Legal Question in Consumer Law in Texas

purchase contract

I asked the local kubota tractor dealer if I could trade in my current kubota financed with kubota for one that cost twice as much. After they checked into it they said yes but I would have a negetive equity but they could add it to the new note and send it in. They sent in all info and called me and said I was approved and my new tractoer was on order. Two days later i went in with my old tractor and traded signed contract and took delivery that was on 12/29/04. On the afternoon of 12/31/04 they called and said there was a mix up on their figures and they were wrong and I needed to come in and sign a new contract that was much higher on monthly payments and they wanter $4100 dollars down. I have not heard back from them until today 1/5/05 and they requested I come in and sign a new contract and bring the $4100 down payment, I told them I did not have that down payment and I only could afford the current contract that was origionally signed by me and the kubota dealer. I had to buy a different truck and trailer so I could pull the new tractor because it was so much heavier than my old one.

What are my rights I have a signed contract and they put the figures on it not me I have been using the new tractor as it was mine.


Asked on 1/05/05, 1:28 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: purchase contract

Unless the error was simply a clerical error, the contract you have is the one you keep. A clerical error would be if they added 2 + 3 and came up 6.

If the numbers on your contract add up, it's a keeper.

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Answered on 1/05/05, 1:37 pm
Carl Selesky The Selesky Law Firm

Re: purchase contract

I'd have to see the contract but a contract is a contract. If they agreed in writing on the trade-in and the amounts, I do not think they have the right to ask you to sign a new contract. That said, the only way I could be sure is to review all pertinent documents.

Thanks,

Carl Selesky

The Selesky Law Firm

6303 Beverly Hill, Suite 1000

Houston, TX 77057-6501

713-780-9595

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Answered on 1/05/05, 2:35 pm


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