Can we sue if ourcar dealer paid off the wrong amount on our lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we sue if ourcar dealer paid off the wrong amount on our lease?
The leasing company sent us a letter stating we owe over $8,000 for mileage overage because the vehicle was not purchased. The dealer mailed them a check for $14,153, but the residual pay off was actually $16,862.
Asked on July 21, 2011 Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An error only gives you grounds to sue if there is some injury, damage, cost, or loss caused to you by it. If the fact that the dealer sent a check that was around $2,700 too low causes you to have to pay the $8,000 in mileage overage, then yes--you may well have a cause of action against the dealership for the loss caused by your negligence. On the other hand, if you can resolve this by discussing matters with the parties, sending in a check for the correct remaining amount, etc., then you might not have any effective cause of action--or rather, might have one for whatever you have to go out of pocket to resolve this. So, for example, if by personally paying another $2,700 (so the payoff is right) you can make the $8,000 overage go away, you'd then might have a cause of action for the $2,700.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.