Are we able to keep a car that a dealership mistakenly paid off?
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Are we able to keep a car that a dealership mistakenly paid off?
We entered into a contract to buy a new car. When the dealership did not deliver on their promise we cancelled the deal. The dealership sales dept did not notify the finance dept. so they went ahead and paid off the vehicle that we were planning on trading in. This is after the deal was cancelled. We still have our old car they paid off. Can we keep this car and title?
Asked on August 16, 2012 under Business Law, South Dakota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
I think that you already know the answer to this question. A court of equity - which is almost all courts except for small calims court - would not allow you to be unjustly compensated - and paying off the car would be just that - for a mistake on the part of the dealrrship if you correctly cancelled the car deal. That is what I would focs on now by the way: if you had the legal right to cancel. Good luck.
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