My new car has the wrong Vin# from the car I originally wanted.

[wag1129]

Jurisdiction

Tennessee

Purchased a new care one week ago today. The car I really wanted was used 2013 model, the dealership said that the used car had too many miles on it in order to get me financed. They said that the got me financed on a new vehicle instead. The new car has the old vin# on the contract I signed. They are trying to get me back to the dealer to resign new paper work. Should I do this? Do I have to do this? What are my options?

 

[Highwayman]

Did you pick up the new car or did you just sign the paperwork?

Is this a licensed dealer?

I would be very leery about going through with this deal with a car you didn't agree to purchase.

 

[txls]

They can't force you to sign anything. You can bring the new car back to them and walk away.
If you put money down or had a trade-in, it could get a little messy if they don't want to co-operate.

 

[wag1129]

Did you pick up the new car or did you just sign the paperwork?

Is this a licensed dealer?

I would be very leery about going through with this deal with a car you didn't agree to purchase.

Yes I got it same day. A few days later my salesman called and said that my contract had the wrong vin# on it and I would need ro sign new paperwork.

 

[wag1129]

Did you pick up the new car or did you just sign the paperwork?

Is this a licensed dealer?

I would be very leery about going through with this deal with a car you didn't agree to purchase.

They can't force you to sign anything. You can bring the new car back to them and walk away.
If you put money down or had a trade-in, it could get a little messy if they don't want to co-operate.

Yes the dealership is well known and reputable as far as I know.

They can't force you to sign anything. You can bring the new car back to them and walk away.
If you put money down or had a trade-in, it could get a little messy if they don't want to co-operate.

I put money down, no trade in because I chose to keep my first car. Just wanted a second car.

 

[txls]

So you either sign the new paperwork, or you say no thanks, here's your car and I want my down payment back.

 

[zddoodah]

Should I do this?

Why wouldn't you want to correct the paperwork to reflect what actually happened?

Do I have to do this?

No.

What are my options?

Well...your options are to cooperate in the correction of the paperwork so that it reflects what actually happened or not do it, but again, why wouldn't you do this?

You can bring the new car back to them and walk away.

The OP certainly can do this, but then he/she would be without a car and still obligated on the loan.

or you say no thanks, here's your car and I want my down payment back.

The OP certainly can say these things, but nothing the OP has written suggests any entitlement to rescind the transaction.

 

[mightymoose]

...the dealership said that the used car had too many miles on it in order to get me financed.

Sounds to me like you got scammed into making a purchase of something you didn't want. When you were denied the vehicle you wanted you should have walked away or at least obtained your own financing.

They are trying to get me back to the dealer to resign new paper work. Should I do this? Do I have to do this? What are my options?

So long as the VIN is the ONLY change to the document then it is fine. Check it carefully.
Your options are to do it or to not do it. Not doing it will result in more complications than it is worth. You will need paperwork that matches the vehicle you have.

 

[army judge]

The new car has the old vin# on the contract I signed.

The contract might be voidable.

What makes a contract voidable?

It could be failure by one or both parties to disclose a material fact; a mistake, misrepresentation or fraud; undue influence or duress; one party's legal incapacity to enter a contract; one or more terms that are unconscionable; or a breach of contract.


You wanted to buy Car XXXX, you were sold Car YYYY.

More reading for you:

When Is a Contract Considered Void or Voidable? | LegalMatch Law Library


....................................................

 

[adjusterjack]

Frankly, I think your contract can be enforced in spite of the wrong VIN. You agreed to pay X dollars for Y car (adequately identified with the year, make, model and odometer reading). Doesn't matter how you got to that point. You handed over some money, the dealer handed you the car. That's performance based on the contract. If this every got into court, my guess is that all the judge will do is order that the VIN be corrected and you'll still be bound by the contract.

I suggest you just go in and get the VIN corrected on your contract.

If you turn the car back in to the dealer it's likely to cost you money since you've had use of the car and it's no longer new. Might even be a voluntary repo that will trash your credit.