Car Purchase Contract Question | FerrariChat

Car Purchase Contract Question

Discussion in 'New England' started by chucklehead, Sep 9, 2018.

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  1. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    In an odd situation. Seller of car contacted me more than 1 year after purchase and claimed there was a mistake in the purchase contract. Essentially seller is saying that I owe them more money.

    The funny part is this usually happens to the buyer of cars where the final price is higher or monthly payment is higher in the contract and is different from what was talked about. In these cases, the auto dealer just says you should have read the purchase contract before you signed it.

    Legally, can I say this purchase contract stands? Especially since they wrote the contract and all loans have been paid off?

    Any advice is appreciated.
     
  2. Carper

    Carper Karting

    Aug 13, 2017
    108
    Suffolk, UK
    Suggest they take a long walk off a short plank would be my advice !
     
  3. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Ha ha. Thx.
     
  4. energy88

    energy88 Two Time F1 World Champ
    Silver Subscribed

    Jan 21, 2012
    27,146
    West of Fredericksburg, VA
    Full Name:
    John
    Also, check if there are any statute of limitations on sales contracts in MA, especially those that have been completed, as you say. Sounds like a done deal to me unless there is something in the fine print somewhere.
     
  5. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Good advice. I’ll check.
     
  6. Anthony James

    Anthony James Formula Junior
    Silver Subscribed

    Jul 27, 2012
    353
    Essex
    if you have the title in hand... ah its yours.
     
  7. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Cool. Thx.
     
  8. Papa G

    Papa G Formula 3

    Dec 29, 2003
    1,406
    You have the title - too bad, too sad for them. Even if you didn't, you both agreed on the signed contract

    I'm a bit surprised at this, as you've been a great client.

    If all else fails I can bring more cannoli's from Mikes :D
     
  9. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,376
    Weston, MA
    Full Name:
    Paul
    Could you add a little more info?

    What exactly is he claiming is the "mistake in the purchase contract".

    What was the purchase price and how much is he saying you owe him?

    The fact that you are in possession of the title is irrelevant. He's not asking for the car back, he's asking for more money. Without knowing the basis for his claim it's impossible for us to even speculate.
     
  10. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Thx. Delicious.
     
  11. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    I don’t want to get in trouble with the seller. It was a new car that I had customized and had taken a trip to Maranello. As I understand it from their explanation, the price of the trade-in was subtracted from the purchase price. But they forgot to include the loan pay-off of the trade-in. It is a substantial amount.

    The car in question has already been bought back by them. The error was found on audit. In fact the car was already sold once more.
     
  12. vjd3

    vjd3 F1 Rookie
    Owner Rossa Subscribed

    Jun 3, 2005
    2,582
    Massachusetts
    Full Name:
    Vic
    That's a tough one. I once traded two cars at a Mass. dealer for a single, more expensive car, and they allowed me the amount for both trades against the sales tax on the new car. They subsequently discovered that RI only allows tax credit for one car, so we had a $2000 problem. After making the unfortunate salesman ask me for $2k a month later due to their own error, and when I suggested that I had made my decision to buy based on the bottom line that they provided me on the contract, they just ate the cost as it was the fourth car I had bought in the last 3 years. And I bought another car from them this year. Now, had it been a 5-figure mistake ... it probably would have been a different outcome.
     
  13. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Thanks for sharing your experience.
     
  14. Nospinzone

    Nospinzone F1 Veteran

    Jul 1, 2013
    7,376
    Weston, MA
    Full Name:
    Paul
    I had a similar situation. Back in late 1994 I had purchased a 1995 Infiniti J30t for my wife. I forget exactly how the dealership fouled up, but they charged me a couple thousand less than they should have charged. I saw the mistake at the time but said nothing. A few weeks later their finance guy discovered the error and they contacted me to inform me of the error and how much more I owed.

    I was ashamed of myself because I knew of the error and didn't say anything. My father had drummed in me "always do the right thing". His words still echo in my head some 60 years later. I clearly didn't do the right thing and I knew it. I didn't confess to knowing of the error at the time, but I immediately sent them a check for the money they were owed.
     
  15. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    Thanks for the advice. I have been playing their game of buy this first to get that. Short of funds now.
     
  16. energy88

    energy88 Two Time F1 World Champ
    Silver Subscribed

    Jan 21, 2012
    27,146
    West of Fredericksburg, VA
    Full Name:
    John
    The other side of this story is when an unscrupulous dealer doesn't make the pay-off on a trade-in and then the customer gets dunned by bill collectors for "missed" payments on a car they don't have anymore. :(
     
  17. chucklehead

    chucklehead Karting

    Mar 28, 2005
    101
    Beverly, MA
    Full Name:
    Charlie
    thx for the comment. That would hurt.
     
  18. Sobergreg

    Sobergreg Rookie
    BANNED

    Nov 8, 2016
    23
    Nooo
     

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