Error in "Contract"

Discussion in 'Legal Issues' started by LibGS, 9th Mar, 2018.

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  1. LibGS

    LibGS Well-Known Member

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    Earlier today I was on the phone with one of my banks and did a verbal refinance of a loan. I was quoted 4.34%. I did the whole script thing. Said "yes I agree" to their terms and conditions, etc, etc. I hung up and thought that was that. I asked many times and had it verified that the rate was 4.34.

    I get a call about 1 hour later from the same rep who now tells me he made an error and that he should have quoted 4.44%.

    Can I insist they follow through on 4.34%?
     
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  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You can and should
    But you should be asking are they required to give it? Possibly not.
     
  3. LibGS

    LibGS Well-Known Member

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    So even though we've both agreed to the same T&Cs they are not necessarily bound by them?
     
  4. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    That is what you will need to argue.
     
  5. LibGS

    LibGS Well-Known Member

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    What a weird mess. They called back and agreed to the 4.34 but now weirdly the repayments have gone up. Somehow the repayments are now at the 4.44% level.

    I told them to go back study the calls and when they have a clear understanding of what is going on they can contact me. We'll talk again on Monday. Sigh.
     
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  6. Gousey

    Gousey Active Member

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    The bank should honour the amount that was verbally agreed to - doesn't matter that it was an error on their part.
     
  7. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    An oral contract can be binding!
     
  8. LibGS

    LibGS Well-Known Member

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    In the end they saw my point of view. But of course they had say it was a gesture of good will.
     
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  9. Perthguy

    Perthguy Well-Known Member

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    Good outcome! :)
     
  10. Guest

    Guest Guest

    Only so far as upholding your end of the contract, i.e. making the repayments, is a gesture of goodwill too :D
     
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