Buyers beware of upcharges when purchasing a used vehicle
Q: I went to a car dealer to purchase a car I saw advertised for $28,000. When the salesman brought me the sales agreement, it listed “Market Value Selling Price” of $28,000 plus “Recon/Service Cost” of $2,200 for a total purchase price of $30,200. I expected to pay the $28,000 advertised price plus tax, title and license. I inquired what the recon/service cost was, and I was told it was to get the car ready for sale such as change the oil and rotate the tires. Is it legal to advertise a car at one price and then tack on these additional costs?
A: The extra charge is not illegal, but it is highly unethical.
If you search the web you will find that this sort of thing has been going on for years. Hopefully, you didn’t buy that car and instead, you found a different car dealer with fair pricing and advertising.
It would seem that until the state legislature or Federal government makes it illegal to use deceptive practices like your “recon/ service cost” fee, some car dealers will just keep adding these extra charges.
Q: We have contacted two estate attorneys regarding making minor changes in our wills.
One of them is the attorney who drafted the wills just a few years ago, and the other is an attorney I met for the first time. Both insist on redoing the wills rather than adding a codicil. We only need to make two changes, adding a co-executor and changing the distribution of our assets. Wouldn't it be considerably less expensive to just add a codicil?
A: If you were to sign codicils, both the will and codicil would need to be filed for probate when either of you dies, and both documents would be public records. At least one person, possibly several people, will be short-changed by the changes made in the codicil, and that could make them far more likely to challenge the probate and file suit.
Plus, there’s the risk that one of the people whose inheritance is being reduced or eliminated might find your will and codicil first, and it would then become highly advantageous for the codicil to disappear.
Therefore, while it would likely be less expensive to draft two codicils, one for each of you, the fact that you are changing your beneficiaries makes it highly advisable to start over with new wills.
Many times, when clients come back in just a few years after signing wills, the changes can be made quickly by revising the old wills, rather than preparing new ones. It’s what lawyers call “duping and revising” a prior document, and it is usually much faster than starting from scratch. Therefore, it may be less expensive to use your original attorney.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@lipmanpc.com.