breach of contract

Jurisdiction
California
I bought a new vehicle last may 2, 2015 , the dealer took my used vehicle (2012 jeep wrangler with less than 25000 miles) as a trade, we agreed the down payment as well the trade price which was 16500. few days later they call me to let me know that i ow about four hundred something dollars because they miscalculate the numbers, I try several times to contact then , and they never answer, is a usual practice, so, at this time I stop my last check who I expedite to differ the down payment, about a week later ,my financial institution who was the lien holder in my old vehicle, send me a e-mail saying that my new statement was ready, so I call then and let then know that the vehicle was trade with this dealership,so they apologize and hang up, a week later the lien holder institution send a statement for 451.00 and cents, I immediately call then and they tell me that the dealer only pay 15,320.00 dollars for the trade and I had to pay the difference, because the contract was on my name and I was responsible for the end of payment, once again I try to contact the dealer never answer ( not the person who was en charge of the financial ) I send a certified letter. explaining all this , they contact me the person who wrote the contract and he tell me to deal I offer half of the money of the last check due to the fact that they didn't pay my trade vehicle in FULL , this person tell me they will think about it and yesterday I receive a certified letter from then saying that I have to pay the full amount of the check plus 25.00 for return fee or they are going to suit me for bounce check or I dishonored a payment , when they were the first in not comply and not pay the full amount of my trade, is this a contract breach? . besides they didn't apply the full amount of the down payment to the contract
 
Your option is counterclaim against them for breaching your original contract.
They made a mistake, and legally that's not your problem.
You are free to sue them in small claims, and let them counter claim for the bounced check.

Your mistake was when you stopped payment on the check.
Once you issue a check, its never wise to stop payment.

I guess you'll have to wait and see what happens.

Frankly, I'd just pay the damn $400, and never do any business with that dealer again.
But, we fight our own battles.
 
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