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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23116
Experience:  Attorney with 14 years experience in various consumer protection areas
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can i return a 2013 new car after signing the papers? the dealership

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can i return a 2013 new car after signing the papers? the dealership still has it in their possesion. this happen on the 26th of may. they also said the ordered and pay for some leather that they were going to change my seats. i brought the contract back to them because i seen where they put the wrong vin number. then the down payment had to be cancel because it was involved in a sell of a car i had, which the guy backout on. they said they would take my car as a trade in. but i called them and told them tuesday not to run the check through the bank and yesterday they ran it through, knowing i didnt have the cash in the bank and knowing that i told them not too. so now i dont like dishonesty and dont care to deal with them at all, can you help me? i would deeply appreciated. p.s. i also know that in the state of texas they cant legally sell me a car on the weekend, so does that mean those papers can be voideded?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Barrister replied 2 years ago.
Hello,

In any vehicle purchase transaction, unless it is for cash, there are two distinct and separate contracts that are entered into. The first is the purchase contract which states the buyer will purchase from the seller a particular vehicle for a set price. The second is the finance contract that states how they will pay for it.
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The dealer would be obligated to deliver the vehicle with the VIN that was listed on the purchase contract for the stated amount. So if they can't deliver that vehicle, they are in breach of contract and you could rescind the contract unless you agreed to modify it by putting in the correct VIN of the vehicle they have. The exception would be if it was a simple error by missing the VIN by a number or transposing the numbers. If that is the case, it is just a clerical error that would not void the contract. If it is a completely different VIN, then they either have to deliver a vehicle with that VIN or you can cancel.
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But there is no right or rescission in an auto purchase contract if they deliver the correct vehicle. Additionally, there is no restriction on selling vehicles on the weekend and contracts entered into on Sat and Sunday are completely legally binding.
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Thanks.

Barrister

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Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

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Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

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If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 2 years ago.
i have to leave the house please give me the answer inside my email. thank you. i am just wanting to know if i understood the answer correctly. What I understood was that I am tied to the obligation of the car. Even tho I dont have the car in my possesion. I really hope I am not. Thank you for your time.
Expert:  Barrister replied 2 years ago.
If the VIN error was just a typographical error, and not a completely different VIN, then yes, you are still bound under the purchase contract even though you haven't taken delivery of the vehicle yet.
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.

.

Thanks.

Barrister

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes, depending on the level of complexity. But rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.


.
Barrister, Lawyer
Satisfied Customers: 23116
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 5 other Consumer Protection Law Specialists are ready to help you

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