Can we sue if ourcar dealer paid off the wrong amount on our lease?

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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 10 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.


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