Motor Vehicle Contract of Sale

[iiell]

Is it illegal to predate a car contract of sale? I bought a car, signed a contract and left the lot with the car. A day or two later, I get a call from the car dealership saying there was problems with their financing and I needed to come in. I signed a new contract and it turns out that it was predated for the same day I signed the original contract. I still have both contracts as proof and I really just want out of this contract. Since they obviously breach of contract the original, is there anything I can do?

Thanks!

EDIT: My question is, is backdating a contract of sale illegal?

 

[army judge]

You might have had some legal advantage had you NOT signed the second contract. Signing the second contract made it appear that a mistake had been made on the original contract.

You could approach the dealership and say you want to return the car and void the contract. If 30 days have not passed (in some cases 45 days) and you have not made the first payment, the dealer is actually a co-signer on the note. They'll howl, but usually relent and the contract is voided. Thereupon, you are allowed to return the vehicle with no further liabity.


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[jharris352]

What legal advantage are you looking for?

You aren't going to get the car free. In fact, if they can't get you financing you will have to give the car back.

What exactly is your question?

 

[iiell]

What legal advantage are you looking for?

You aren't going to get the car free. In fact, if they can't get you financing you will have to give the car back.

What exactly is your question?

My question is, is Backdating a contract of sale illegal? I think I've found my answer and I don't want the car.

 

[Michael Wechsler]

My question is, is Backdating a contract of sale illegal? I think I've found my answer and I don't want the car.

Agree 100% with Army Judge. It's not "predated" but modified. Both of you agreed and you should have spoken up when they drafted the contract. And who cares if it's dated the day you came in and talked about the car or a day later. The bottom line is that you both agree there was an offer, you accepted and consideration/money exchanged. Done deal.

Predating a contract would only be in issue if (a) a party was unaware, and (b) it significantly affect something. You might read about stock sale predating which is completely different than something like this.