error by dealer, need to repay?

Ask a Lawyer

Ask a Lawyer

Question

Country: United States of America State: Washington We purchased a new vehicle and were presented with choice of two incentives $500 rebate or Home Depot gift package. We chose the $500 rebate. A couple of months later we got a note card in the mail, saying that we were eligible for a Home Depot package and they gave us website to go to. We went there filled in our info and got a $500 gift card. 5 months later we are contacted by Ford saying that they sent out the postcard to us by mistake and that we need to give the gift card back or a check for $500. They gave this to us in error along with the $500 rebate. Do we need to pay them back?

Answer

Technically yes you do need to repay; you can however argue hardship in having to pay all or any substantial portion--saying that it was their mistake after all, and you spent it w/o realizing it was in error, and paying back now would be difficult...they often will not sue or take any further court action in these cases but will try to work something out. They may even settle on a partial amount.