Who do I owe if the contract is void?

Asked 6 months ago - San Diego, CA

My husband and I were in the market for another car, long story short we found one and fell in love with it. Well the dealership had a very hard time financing it and getting a lienholder. Well 2 months later we got it financed(almost, new contract wasn't signed). Now the dealership wants another 500$. The technical 1st payment was 12-28-13, if it was financed the same day. Well if I don't have a lienholder yet, how do I owe 500$ now, after they sent me a letter of contract cancellation voiding the contract? Are they trying to scam me and my husband? We didn't damage any property and I provided insurance during the time we had possession of the vehicle and took pictures of the vehicle when we dropped it off last night, proving there wasn't any damage done by us. Why are they harassing us?

Attorney answers (4)

  1. Brian Gail Kindsvater

    Contributor Level 11

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    Answered . I agree. This is so fact specific the contract terms and a chronology need to be evaluated. As a general rule, if a contract is void nothing is owed.

    This is not legal advice but only general information. No attorney-client relationship is created without a... more
  2. Pearlette Vivian Toussant

    Pro

    Contributor Level 16

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    Answered . I'm very sorry to hear about your situation, which sounds very fact specific. As such, I would recommend that you sit down with a local attorney to go over your situation and any paperwork you have. Depending on the contract and applicable law, you may or may not owe the $500. You can use Avvo's Find a Lawyer feature or contact your local bar association for a local referral. I would do this sooner rather than later so you can stop the alleged harassment. Best of luck to you and your husband.

    Answer given for general advice and is not a legal opinion, which would require an analysis of the facts and... more
  3. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . If they rescind the contract I think they can still recover the mileage or for fair use if it is returns. I think it is in the usually in the contract and/or allowed by statute.

    This is not a comprehensive answer and it is impossible to provide a meaningful response without a consultation.
  4. A Melissa Johnson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . The answer to your question may depend on a number of other factors. You might want to talk to a local attorney and have them review the contract and the circumstances surrounding the transaction.

    Good luck

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