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Legalease, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 16218
Experience:  13 years experience in Consumer Protection law, in particular construction law and auto repo law
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If you have Buyers Remorse, can you return a new car within

Resolved Question:

If you have Buyer's Remorse, can you return a new car within 24 hrs in Kansas?
Submitted: 6 years ago.
Category: Consumer Protection Law
Expert:  Legalease replied 6 years ago.

Hello. Unfortunately, no. In Kansas, and in most of the US, there is no such thing as "buyer's remorse" in the law that will permit you to cancel an auto contract within 24 hours or 3 days or any length of time. In most states, including Kansas, there is a 3 day "right of rescission" rule for any contract that you sign where the salesperson comes to your home or place of business to sell the products directly to you -- the legal theory being that a salesperson can place undue pressure on a person in their own home, particularly if the homeowner simply wants to get rid of the salesperson and signs a contract to shuffle the salesperson out the door. If you back out of this car transaction, they will not take the car back from you. If you have not picked up the car yet, the car dealer can simply call the finance company and have them repossess the car from their lot and sell it at auction and then charge you with any deficiency judgment between the amount that the finance company paid the dealer and the amount that they were able to get at auction for the car (it is true that a vehicle loses about $2,000 in value the minute you purchase it -- because auctions almost always net a lower price than retail value would get you).


So, you can certainly speak with the car dealer -- some of them are good enough to let you back out of the transaction if you do so within a day or so (I have seen it happen). However, they have no legal obligation to do this for you and if they refuse, you are stuck with the contract UNLESS the financing falls through (because if you do not get financing, most auto sales contracts call for cancellation under those circumstances).




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