Answers

What do you want to do - keep the truck or try to unwind the deal? Or do you want to get the truck you originally thought you were buying?

If you want to keep the truck you wound up with, you need to get the "clerical" error fixed on the paperwork for the title and insurance, and the dealer should handle this for free.

If the other truck hasn't been sold, then the dealer should be willing to simply swap out the trucks with you. Since it seems to be the dealer's error, they should eat any costs, including any wear and tear and miles you put on the wrong truck.

If you want to unwind the deal ... that might be a bit more interesting, since the dealer is going to claim it's just a simple typo.

Unwinding the Deal — What Are Your Rights?

You may get some help from your local consumer protection agency to swap trucks or if you want to back out of the deal.

Please click on the Answer this Question button if you want to post a follow-up.

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Thanks Steve for your input. we have contacted the bank and the deal can be voided. Which is what my husband wants. As it turns out, the dealership knew that they sold the truck that they wrote the sales agreement for. I feel like the dealership really tried to take advantage of us. we also intend to file a compliant with the BBB and will investigating contacting the state attorney general office.

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Sounds like you dodged a bullet. Good idea calling your bank. Makes you wonder what would have happened if you had used the dealer's financing.

Better luck with the next one!

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Oh it gets better. the dealership told my husband that they won't give us back the check and it's a done deal. They tried to fax a new sale agreemnt to the bank. The person were are dealing with at the bank was gone for the day. So we have to wait until tomorrow. My husband stopped payment on the down payment check. They are trying to lie and say it's a clerical error.

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Ah, so it really is going to get interesting.

But it's not the first time something like this has happened. Check out this CarSpace discussion post from just a few days ago:

Stories from the Sales Frontlines

You may want to post this story in there and get some more feedback. You can log into the forums with your same user name and password.

I suppose you could send the dealer a fax or certified letter demanding that they come pick "their" truck up and cc your attorney general/consumer protection agency and your bank. Or pay a lawyer to write something up.

Since the dealer sold the truck you intended to buy, surely the owner will figure out that it's back to square one. But who knows.

Please take a few minutes and do a dealer review.

thanks! (and please let us know how it turns out).

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Your bank probably won't fund the money for this truck if it's indeed a different one than what they wrote the loan for. Banks protect themsleves from these situations and they must have the paperwork on the correct truck so that they can put a lien on it. Banks also need to know exactly what vehicle they're lending money for so that they won't overlend more than the vehicle's actual value.

I have a feeling you won't even need to go as far as getting an attorney because your bank will stop this whole transaction if it isn't too late already.

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Boomchek makes a good point in the CarSpace discussion. You may want to park the truck and contact your insurance company for advice. You don't want to be driving around uninsured.

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First of all it sloppy work on thedealerships part especialy since they had a Purchase and sale signed by both parties..... A purchase and sale is a binding legal document for a said vehicle..... Now I have seen clerical errors happen before but they are ussualy on the same vehicle. Shame on the dealership for delivering a vehicle that they papered wrong.

If the vehicle is new and the exact same MSRP and color than I don't see a bigdeal in just re writing the contracts and getting something for your troubles of wasting your time for doing the paper work twice. If the the cehicle is completely diofferent that that is a different story. The deal won't get funded if all there is one thing wrong with the paper work because the delaership misrepresented themselves.

Different vehicle cancel the deal and buy somewhere else.... Same vehicle different VIN re do paper work and and get something for your troubles, maybe 4 free oil changes or something, a check back for $500.... who knows. There reputation is on the hook to treat customers right and take responsibilty.

GP

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