Is there a binding contract if the name is wrong on the papers?
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Is there a binding contract if the name is wrong on the papers?
My son traded a vehicle in for another car at a used car lot. He was allowed to drive off the lot without proof of insurance. 2 weeks later the dealer took possession of the vehicle for failure to provide proof of insurance. He was told that he can not get financed for the vehicle without insurance. My son asked for the return of his old vehicle (which was sitting on their back lot). They refused. He then asked to get his personal belongings out the new vehicle…again they refused. It was also discovered that the contract that was signed was printed with the wrong name.
Asked on December 29, 2011 under General Practice, Ohio
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your son needs to file a complaint with the agency who regulates these car dealers. What happened was a sort of spot delivery and in a sport delivery, if something fails, he is to get the old vehicle back or whatever monies he paid and the dealer gets the new car back. It basically puts everyone back as is. What the dealer did is essentially steal your son's car and that is never just a simple civil matter. Contact the department of motor vehicles as well and see if this agency has safety officers who handle such investigations, as well. If so, your son may be able to go with the officer and convince the dealership to get his stuff back. The last option of course, is suing.
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