What can I do if I purchased a vehicle from a company that withheld information which had I known I would not have gone forward with the transaction?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I purchased a vehicle from a company that withheld information which had I known I would not have gone forward with the transaction?
When I bought the vehicle they never mentioned nor is it in the contract that they were installing a GPS tracking device that would shut the vehicle off if I were 5 days late on payment. When I called about it they said they should have gone over this with me before I signed the contract. Also the only reason I choose this car lot is they stated that they report to all 3 credit bureaus monthly, which they have failed to do. Is there anything I can do about this as I an 1 week behind and they are already threatening repossession?
Asked on June 2, 2011 under General Practice, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may have grounds to rescind, or void, the contract. What you describe could easily be considered a material, or important, term; the failure to disclose it ahead of time could mean that there was no "meeting of the minds" or agreement as to the contract, or even that fraud was committed, either of which would allow you to rescind the sale or terminate the agreement--you return the car, and don't have to pay, other than for the use you in fact have made of it.
You *might* be able to argue that the sale is good, but that the GPS device cannot be used, since that would represent a unilateral change or addition to the agreeement--i.e. you and the dealership had effectively agreed to a car sale w/out the GPS, so now they can't add it. However, it's not clear if that would help you; regardless of the device, the lender/financer has a right to repossess the car when you are in default of--which includes late on--your obligations; there is no inherent right to pay late. Thus, they could go ahead with repossession regardless of the tracking device.
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.