Cashing check is full and final payment
My Car lease is due in Dec 07, to purchase would be $18000 plus tax. I wrote a letter stating that market conditions, etc I would pay $17300.oo including all tax and fees and sent a check, if this is not acceptable please return check. They cashed it on Oct 12 then on the 23rd they call and say I owe more. Meanwhile I have paid financing and have other fees to get them the money and cannot unwind. They were not timely so I assumed when I saw the check clear the car was mine and they would release title. Do I have a leg to stand on???
Re: Cashing check is full and final payment
Did you write on the check or on a separate letter? When a check recites it is full and final payment and the recipient negotiates the check, a court will usually presume that the negotiator assented to the "paid in full' language.
Don't lose your copy of that letter. This is the sort of dispute the consumer protection division of the AG is interested in.
The difference is $600.00, and that is hardly worth arguing about. But you will want to be sure to back up your communications with them with a letter.
Generally one party cannot change the terms of a written agreement without the assent of the other party. You gave them the chance to assent to your proposed accord and satisfaction, and by cashing the check, you thought they assented. They may have separated the check and the letter and may not believe there was any assent manifested in their cashing the check.
Your contract and the UCC as adopted in WA (RCW Title 62) control.
Elizabeth Powell
