Can a car contract he changed if the dealership made a mistake with the cost?
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Can a car contract he changed if the dealership made a mistake with the cost?
We went to the dealership and bought a used car. They told us the auto protection plan would be $450 and that we had to buy it. He said we had no option. So we left and bought it. Then we realized they over charged us it was supposed to be $450 and they charged up $950. We went back and they said they couldn’t do anything and that they would write us a $200 check. What can I do? They forced us
into buying the protection and later said we didn’t have to buy it after we signed papers.
Asked on August 17, 2017 under Business Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the auto dealership for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have purchased the protection plan had you known the true facts that it wasn't required. The dealership is also committing fraud by not refunding the entire $950 for a protection plan which was falsely claimed to be required.
If you decide that you don't want the car, you could claim that the entire sales contract should be invalidated due to the fraud committed by the dealership.
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