Messed up contract?
12-31-2010, 11:40 PM
#1
Messed up contract?
So my friend 2 days ago bought a 2010 TSX for about 32k. He negotiated and it was agreed that the car would come out 32k OTD. HOWEVER, after looking at the contract, things just don't add up. It looks like he has to only pay 30k OTD! So what happens? It looks like on the contract, there was no sales tax. However, isn't the contract final? They made a mistake?
What do you guys think?
What do you guys think?
01-01-2011, 01:47 PM
#2
Trolling Canuckistan
My guess is you are reading the contract incorrectly. Did he happen to put a $2000 deposit when he agreed to purchase? If you live in a sales tax state, it will most likely need to be paid before you register the car.
01-02-2011, 01:42 PM
#4
Suzuka Master
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If he didn't read it wrong and it was a typo or a miscalculation and he caught it, the contract could have been voided by the dealer.
http://public.findlaw.com/abaflg/flg-9-1b-10.html
If the dealer mistakenly put down $30k instead of $32k, it would be an "honest error in calculations", the other party knew since your friend caught it, $2k is pretty material to the contract since it materially affects the contract price, and $2k would be unfairly burdensome (would you be pissed if the contract stated the sale price of $34k instead of $32k?).
http://public.findlaw.com/abaflg/flg-9-1b-10.html
Courts have permitted a mistake defense most commonly if there has been an honest error in calculations and the other party knew or should have known of the mistake. The calculations must be material to the contract, and the overall effect must be to make the contract unconscionable, that is, unfairly burdensome.
Last edited by mrdeeno; 01-02-2011 at 01:47 PM.
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