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Help!! Need advice. Dealer made calculation error!!!

7.5K views 51 replies 34 participants last post by  fatfocus  
#1 ·
Any advice will be greatly appreciated

The story, I ordered my Focus at the end of February and we negotiated the price and the car came in yesterday. I added an extended warranty at that time and the new price was set, now because it was the end of the day the lady in the accounting office had her computer off and she did some calculation with her calculator and gave me the new price and my monthly payments, No biggy. Now today I picked up my car signed all their paper work and waited for my plates. After that I drove it home and sat in the driveway admiring it. Here's where I need some advice, I'm sitting around the house and I get a call from the accountant at 7pm and she tells me that there was an error with the price and that I owe 1300.00 more (she must not of put it in the computer right the next day, I'm not sure). She than tells me if I don't sign a new contract with the upped price the car isn't really mine, ford still owns it. Question, is it really my fault that she made the error and do I need to pay even though she made the mistake. Can they take my car? do I have a leg to stand on?
Also something I found odd was when she asked me to come to the dealership in the morning, I said that I have a busy day at work and could it wait till Monday. She said no and she told me that she would come to my work, to have the new contract signed. I signed the contract at the dealership what's done is done I thing, maybe I wrong.

Any thoughts
Thank you William
 
#3 ·
I was told Ford still owned my car til my down payment cleared the bank. I would have taken it to the management of the dealership and fought, at least gotten $1300 worth of something to make up for their mistake.
 
#4 ·
I don't know about Canada, but in Texas the papers that you sign are a binding contract. That being said, I have heard of dealers ripping up their copies and claiming that you have the car illegally. You can prove otherwise, but the car gets impounded until that day.

I would stand my ground. Do think you would have a chance of getting your money if it was the other way around?
 
#5 ·
I wouldn't sign the new contract, it is their F up let them eat it.
When I got mine Ford screwed up on the incentives and gave me more then they were suppose too, got $3k instead of the $2k. But since the contract was printed up and I signed it they (Ford) couldn't take it back. I know it is a different situation then yours, but the contract is signed. Its a done deal. They screwed up.
 
#7 ·
My thinking is this, you had a prenegotiated price before the car came in. You must have had some idea what the final price would be. If so, did it not strike you as being low? If so, then I would pay up. However, if the price they gave you seemed correct, I would look over the numbers myself and then ask a lawyer. If you feel like they are treating you unfairly, then tell them to take the car and shove it!!
 
#8 ·
#9 ·
You signed a contract with them... It's thier error, and all the numbers were right there for her to see at the time you both signed the contract. Unless you BOTH agree to void that contract and draw a new one, its legally binding (I hope you have a copy of the one you signed). They have to honor the original price. If they refuse, stop payment on your check, give them back the car, and go find a different ford dealer and order a new one.. It'll take a bit longer to take delivery, but I'd rather wait a little longer for a better deal, than be railroaded in to paying more than I need to...

Think about if you had not financed the car, and instead had paid cash for it, once you signed the buyers/sellers agreement, gave them the agreed upon price and they gave you a receipt, the deal would have been locked and there is no way they could up the price after the fact.. The same should apply here, but since your sale is subject to financing, they have a method to use if they decide they want to get "Cute"...

If it were me, I'd tell em, if its 1300 more than what we originally agreed on, its a deal breaker and they forfiet the priviledge to sell the car to me (and as a result she doesn't get her commission).. and I'd go buy another Focus from a competing dealer who gets to make a profit instead..
 
#10 ·
Do you want to build or burn a bridge? You agreed on a price and you didn't pay that price. I'd go talk to the sales manager to find out exactly what happened and maybe try to negotiate some in trade items or free oil changes. Or, you can admit that sometimes people make mistakes and pay the price agreed upon so the accountant doesn't lose her job because she forgot to add an item that's usually auto filled in the contract program. They could have said, the accounting department is closed for the day, you'll have to come back tomorrow to sign the papers and pick up you car.
 
#12 ·
You can't be serious...[screwy]

My dealership (salesperson) made the same sort of error forgetting to add in the sport package. When our salesperson called to check on us a few days later he let us know he made an error - unfortunate on his part - and wished us well with the car. We had an awesome salesperson and dealership and will return for our next vehicle.

As long as you have a copy of the contract you signed you should be fine.
 
#13 ·
I had a rebate of $500 plus my A Plan discount and signed my papers, later the finance part called me and told me since I used the A Plan I didn't qualify for the $500 rebate and wanted me to sign new papers. I said no, they worked it out amongst themselves and worked around it by giving me $500 more on my trade in and took off the rebate so I still got it for my price not there's.
 
#16 ·
Tell them to take the stupid car back. you will go buy a Toyota.
Agree it is a bait and switch.
Do NOT sign any contract. Make it clear the lawyers will be the winners if they try to screw you.
Basically they can eat $1,300. no problem.
If they say they cannot, then it really IS a scam.
By the way, the Ford warranty is way over the top profit for them anyway.
A $1,400 warranty can cost only $600 from an internet dealer.
 
#17 ·
I looked at my receipt and the extended warranty is on there, so it is part of the price. When I signed the papers it never crossed my mind at the monthly payments being lower, just thought that was how it was calculated. It looked good to me and the salesman. It's some other error she made, I'm going into the dealer today and and talking to the manager or owner.
Thanks for the advice, I'll let you know what happens.
 
#19 ·
When I signed the papers it never crossed my mind at the monthly payments being lower, just thought that was how it was calculated.
So, the price was lower than you expected... meaning there was a honest mistake made in calculations... and that you should pay the correct price.

Sounds like it is not as if they are trying to trick you into paying another $1k+ that you didn't anticipate.

Perhaps they are "stuck" since it is all signed and the calculation isn't way out of line (like accidentally selling it to you for 10% of its value which would never stand up in court for you), but why take advantage if that is what you had agreed to originally?
 
#20 ·
You signed a contract, YOU own the car NOT Ford. Don't pay the money, I don't care what they threaten. That finance person was too damn lazy to push a freakin' button because it was late in the day. Her paycheck should be docked the $1300, NOT YOURS!!

To everyone telling the OP to pay the money, we do not live in a world of teddy bears and fluffy slippers. This is life, when you (The finance person) make a mistake you pay for it with something you care about...money in this case. You do not shove your mistakes off on someone else (the OP), and when you do, you deservedly should be told to go [rant] yourself.
 
#21 ·
Good grief, I can't believe some of the comments! It does sound like an honest mistake to me. Instead of being lazy, it sounds like they were doing the OP a favor and letting him take his new ride then and getting to enjoy it rather than having to wait. Unfortunately, it bit them and now the person responsible could face a penalty, up to and including losing their job. Can you really enjoy the car if you know it cost someone their job? I couldn't and would want to make it right. Maybe they will work with you on that price,or, if you want it for what the original price was, do away with the warranty and buy it online. There are a number of ways around this, but in the end, only you know if it was an honest mistake or not. If so, I would do the right thing. Has any of the ones here giving the "screw them" advice never made a mistake? Granted, usually we pay for mistakes ourselves but my advice would be to do what you are comfortable living with and only you know that.
 
#23 ·
I just found out that the trade in lien was punched in wrong, that was the 1300 dollar difference. That was something I never looked at the second time. How could she make a mistake on that? I'm getting different advice on the form, and I'm also waiting on a call for legal advice. still scratching my head on this one.

Cheers
 
#24 ·
So they aren't trying to charge you $1300 more than you agreed upon, and it was an honest albeit stupid mistake. I would try and get something out of them for the hassle, like a better deal on the warranty or free maintenance or aftermarket stuff. That said, you should square up with them. Just because the world can be a crappy place doesn't mean you have to join in.

Edit: This is a lesson in reading your contract. The mistake could have easily gone the other way, and you would have never known.
 
#26 ·
You should do the right thing. Do the fair thing. Do what would make your momma proud.
You should go back to the dealer, and start the paperwork over. If the resulting price is not what you want to pay, then don't pay it. Walk away.

You never know...it may be the result of an error in computing sales tax, for example (or VAT). Here in TN, the sales tax calculation is VERY complicated (I know, I'm a CPA). If the error is for tax due, then you owe it without question. By law, the sales tax is a burden of the customer.

Anyhow, just get the facts, understand the situation, then Do the right thing. Treat them as you would want to be treated, if you were in their position.
 
#27 ·
This is a good sentiment, but if it were the other way around and they charged more by accident and you signed the contract there is no way they would redo the contract. They made a mistake and it should not be up to you to bail them out, they wouldn't do it for you.
 
#28 ·
One thing is 100% for sure..........if the situation was reversed and the customer after leaving the dealership with his/her new car, gets home and double checks the purchase agreement and finds he/she has been over charged. Gets on the phone and calls his salesperson at the dealership that same night and reported that he/she was over charged by $1,300.00.
Guess what the customer is going to hear from the salesperson.

As far as the OP doing the right and moral thing, one must consider if the situation was reversed.
Then the OP would be 100% SOL.

That is the reality be it wrong, moral or right.
 
#29 ·
Was it a mistake?

We are all agreeing it was a mistake. That may not be the case, but we don't know. I'd go back and have them explain every last charge and calculation. Nothing left to chance. Anything doesn't get a straight explanation, and I'm out the door. They might be experts at scamming folks, or maybe not. I'd give them one chance to set it right. They may think you really like the car and are willing to overlook some things.
 
#31 ·
If I understand this right, they put the payoff on your trade-in at $1300 less? If so your bank won't get paid the full amount to cover your loan on the trade-in. They will come after you for the balance.
 
#32 ·
Hi all, Well I went to the Dealer today at 2pm and asked them to explain the price difference and this is what happened. The accountant or finance lady in preparing the invoice received the lien amount owing on my trade in and she took taxes off that figure, which you don't do. So I went in and instead of signing the new contract I told her I was there to renegotiate my contract. They didn't like that one bit, figured I would just sign and all would be forgotten. Now keep in mind I'm not a total monster and instead of making them pay that I decided to meet them half way. So all in all the Dealership and I are still on good terms. After talking to my buddy in the parts department, I found out this isn't her first #$%K up. If your going to do your job, you better do it right.

Thank you all for your advice and to listen to me stressing out. Now I can enjoy my car the way it was supposed to be!
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#37 ·
Hi all, Well I went to the Dealer today at 2pm and asked them to explain the price difference and this is what happened. The accountant or finance lady in preparing the invoice received the lien amount owing on my trade in and she took taxes off that figure, which you don't do. So I went in and instead of signing the new contract I told her I was there to renegotiate my contract. They didn't like that one bit, figured I would just sign and all would be forgotten. Now keep in mind I'm not a total monster and instead of making them pay that I decided to meet them half way. So all in all the Dealership and I are still on good terms. After talking to my buddy in the parts department, I found out this isn't her first #$%K up. If your going to do your job, you better do it right.

Thank you all for your advice and to listen to me stressing out. Now I can enjoy my car the way it was supposed to be!
Good deal! You did the right thing, saved some money in the process, and can still go there for service!

Enjoy the car!
 
#33 ·
What do you think the dealership would say if you went back in the day after signing the contact and said, "You know, I was thinking about it, and I messed up on the amount I accepted for my trade in. I think its worth $1,300 more. Re-write the contract and Ill sign it".


Exact same thing, in reverse.

Dealerships would laugh you right out the building.
 
#35 ·
Question, is it really my fault that she made the error and do I need to pay even though she made the mistake. Can they take my car? do I have a leg to stand on?
Of course it is not your fault that she made the error, however...

If you bought something at the local convenience store and the clerk gave you the wrong amount of change (he handed you a 10 instead of a 5), what would you do?

If you were a honest person, you would give 5 back.

Wouldn't you want the dealer to correct the error if it wasn't in your favor?
In that case, would you accept it if they told you that the paperwork had been signed and you have no leg to stand on?
 
#36 ·
Of course it is not your fault that she made the error, however...

If you bought something at the local convenience store and the clerk gave you the wrong amount of change (he handed you a 10 instead of a 5), what would you do?

If you were a honest person, you would give 5 back.

Wouldn't you want the dealer to correct the error if it wasn't in your favor?
Absolutely I would give the 5 back, but in this case I was threatened by this lady, telling me that the car didn't belong to me until I signed the new contract and that they would take my car back if I didn't pay up.. So in this case I don't feel guilty.