Can a dealer "redo" sales contract AFTER you sign?

[CowboyKid]

Not legal advice: But in general, mistakes of fact by one party (here, the dealer) to an executed contract are not a reason to reform the contract if the other party (you) was unaware that the dealer made a mistake until after the contract was signed by the parties. But if the dealer told you, "We have to run this rebate by Ford to see if it will fly" before you signed (for example, you want to the dealer late in the day after Ford closed so the dealer couldn't get an answer, and you wanted you to drive it off the lot that night, and the dealer was willing to let you do it contingent upon confirmation of the rebate, so the dealer did the paperwork, but told you it would have to check on this rebate and would get back to you on whether it applies), then the dealer might have a claim to reform the contract.

I wouldn't sweat it unless the dealer threatens or actually repos the Bronco or files a lawsuit. If so, go see a lawyer.

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[BroncoA512021]

Just bought a new Bronco, and dealer applied a Ford cash rebate to the sales contract. After signing, we're being told that rebate was meant to apply only if we opted for an extended warranty (which we didn't). Now they say they might have to "redo" the contract if Ford rejects it, even though we've had the car home for a few days, down-payment check cleared, and the bank we're financing with sent us our account number with the balance info from the signed contract!?

Something doesn't seem right here, can they actually make us pay the rebate back if it truly gets rejected?? I never buy new cars, so this is foreign territory to me.

Tell them you will call the States Attorney General and ask for there opinion.... A signed contract is valid. One party can not change it

 

[Maine Explorer]

You should go in and chat with the dealer.

Bring an agreement from home with a lower price that you've signed and ask him to sign it and give you back some of your money.

Act confused when he thinks it's normal for him to ask you to sign a deals that's better for him but strange for you to ask him to sign a deal that's better for you.

 

[Area51BS]

Not legal advice: But in general, mistakes of fact by one party (here, the dealer) to an executed contract are not a reason to reform the contract if the other party (you) was unaware that the dealer made a mistake until after the contract was signed by the parties. But if the dealer told you, "We have to run this rebate by Ford to see if it will fly" before you signed (for example, you want to the dealer late in the day after Ford closed so the dealer couldn't get an answer, and you wanted you to drive it off the lot that night, and the dealer was willing to let you do it contingent upon confirmation of the rebate, so the dealer did the paperwork, but told you it would have to check on this rebate and would get back to you on whether it applies), then the dealer might have a claim to reform the contract.

I wouldn't sweat it unless the dealer threatens or actually repos the Bronco or files a lawsuit. If so, go see a lawyer.

This is exactly why I said a contract can be voided for finance reasons. Late sale, couldn’t contact finance company for some reason. They can call you back on it.

 

[Area51BS]

A quick google answer related to this.
https://www.paulmankin.com/does-a-c...mand-return-of-the-vehicle-you-just-purchased

 

[Rydfree]

Just bought a new Bronco, and dealer applied a Ford cash rebate to the sales contract. After signing, we're being told that rebate was meant to apply only if we opted for an extended warranty (which we didn't). Now they say they might have to "redo" the contract if Ford rejects it, even though we've had the car home for a few days, down-payment check cleared, and the bank we're financing with sent us our account number with the balance info from the signed contract!?

Something doesn't seem right here, can they actually make us pay the rebate back if it truly gets rejected?? I never buy new cars, so this is foreign territory to me.

If the contract doesn't explicitly state the extended warranty must be purchased from them I would buy it from Granger and enjoy the look on their face when they had to honor the rebate .

You can also cancel a ford factory ext warranty anytime after purchase and get a prorated refund.

 

[widnere12]

There are times when large purchases (such as houses and cars) are made, that contracts are written with a clause that basically says if a gross error is made, that both parties agree to fix the gross error. So it is possible, depending on the verbiage in your sales agreement, that they could force you to the table... with that said, there is no way that they want to take the car back and undo it all, so you could essentially show up to the table and refuse any offer, and force their hand into accepting the loss as a now used vehicle.

The same thing actually happened on my first house with PMI and the bank tried that... The problem in my situation, is that if I backed out, the person that sold me the house was now RE-Stuck in their old mortgage, which meant they didnt have the money for the house they bought anymore...which meant that loan wasnt valid...then the same thing would happen to their seller ....and on and on and on...so if the bank forced the issue it was going to cause a nightmare... Short story, I won... so can you.

 

[Dunning Kruger]

I think the dealer will simply back off when you refuse. This happened to me about 25 years ago. I said no. Dealer knew they were stuck.

1) You have a signed contract.

2) You have possession of the vehicle in exchange for the required payment.

3) There is probably a statement in the contract that the agreement is within the four corners of the contract, and anything not written down is not subject to the contract. Parol evidence rule.

4) The Dealer wrote the contract, and is a sophisticated party in contracts; the buyer usually is not.

All of these factors weigh heavily in your favor.

Tell the dealer this is the price you agreed to, and you will not execute a new contract.

If they persist, then either see a lawyer or tell them you are going to the state Atty General to inform the AG that their dealership, a sophisticated merchant that drafted the contract, is trying to pressure buyers, most of whom are lay persons in the law, into new contracts that are more favorable to the dealer.

 

[ScLeCo]

If the dealership tries to take the car back you can kick them in the nuts and they will have to pay you one million dollars.

Is this true?
Probably not, but it has just as much weight as all of the other comments here.

Maybe this is a question for a licensed attorney in the state of Michigan.

 

[kodiakisland]

Some manufacturers have rebates that only apply when you finance with them. Honda has several small discounts that only apply when financing with Honda. I've never heard of a rebate that was tied to an extended warranty though. Maybe it was not a Ford discount but an inhouse "discount" if you purchase the extended warranty at their marked up price.

Either way, I'd say don't worry about it. They can eat whatever it was.

 

[Dunning Kruger]

If the dealership tries to take the car back you can kick them in the nuts and they will have to pay you one million dollars.

Is this true?
Probably not, but it has just as much weight as all of the other comments here.

Maybe this is a question for a licensed attorney in the state of Michigan.

No, I don't think that advice has near as much weight as the other advice in the thread. Funny though, I'll give you that.

Not everything requires a few billable hours for an attorney. Think about it - the attorney reads the contract, tells him there's no way the dealer can require him to cough up an extra 2k, and then charges him 2.1k for the advice.

Win for the attorney.

There are some pretty basic contract principles and practicalities that a person can stand on before getting an attorney involved. This is one of them.

 

[DefNotBuddyLee]

Did you finance any amount? If you used a bank/credit union, touch base with them to make sure the amount is not altered. In theory the lender should work off the signed agreement, but a chunk of the process is electronic so it would not be impossible for the dealer to attempt to amend the agreement. The lender would have to make it right once you presented a copy of the agreement you signed, but you could save you and the lender some headache in having to recoup from an unethical dealer by giving them a heads up.

If there ends up being some clause that puts you into having to add the extended warranty, I would take @Rydfree 's advice. Purchase, then cancel within a week. You would likely have to wait for your money back, but it's a backup reverse-uno card for you to hold in your pocket.

 

[ScLeCo]

No, I don't think that advice has near as much weight as the other advice in the thread. Funny though, I'll give you that.

Not everything requires a few billable hours for an attorney. Think about it - the attorney reads the contract, tells him there's no way the dealer can require him to cough up an extra 2k, and then charges him 2.1k for the advice.

Win for the attorney.

There are some pretty basic contract principles and practicalities that a person can stand on before getting an attorney involved. This is one of them.

If the dealership is all talk then none of this matters.
If the dealership pursues litigation he's going to need a lawyer.
It's an either or situation.

 

[Dizzie]

No they can’t do that, they are just trying to sell a warranty. You don’t need to buy a warranty to get any kind of special financing terms or rebates. A lending institution gives the dealer a max loan amount base on the customers credit. Sometimes they can’t add a warranty unless they drop the price of the vehicle. Maybe they found a rebate and then had room to add a warranty and be in guide with the bank call.

 

[Dunning Kruger]

If the dealership is all talk then none of this matters.
If the dealership pursues litigation he's going to need a lawyer.
It's an either or situation.

Yes, on that we agree.

But I doubt the dealership will litigate. That would be a money loser for a few thousand dollars. Instead, they will probably have a meeting with the floor associates and make sure their people know the ins and outs of their own k's so it doesn't happen again....

But, you never know. So hopefully the OP keeps us posted...

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