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Buyer who did not read paperwork cannot dispute sales numbers

Toni Plummer sued Finish Line Power Sports, Inc., alleging that the used snowmobile she bought was priced incorrectly.  She also claimed that the sled had dents in it that had not been present when she initially agreed to buy it.  The Company pointed to its paperwork that Toni signed and refused to re-negotiate or allow the sled to be returned.  The trial court rejected her claimed violations of the Michigan Consumer Protection Act, but did allow a modest verdict related to the dents. 

On Appeal, the Court pointed out that since Toni admitted she didn't read the paperwork that came with the sled, she couldn't contest what it said by arguing it contradicted what she was told verbally.  She was held to the $5,200.00 price for what she thought would cost $3,000.00.  What's more, she was not allowed to object to the exorbitant interest charge, because the monthly payment amount and term were on the contract she signed, which the Court of Appeals concluded allowed her the right to confirm the interest rate by "a simple calculation."  We have some question about just how "simple" that interest calculation would have been, although when someone concedes that they haven't read the paperwork and instead relied on verbal representations, they don't end up with much of a "leg to stand on," legally.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262