Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Hello and welcome.
I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.
Does the contract you entered into with the dealer indicate the vehicle is to have a rear camera installed on the vehicle? Why do you believe the dealer's assertion that the camera will interfere with the navigation system is a lie?
I know it a lie because they are the ones that first told me it could be done,
the order that i made and my specific request to them was that i wanted the camera. to answer your question they did not put the camera in one of the special order but i know that it should have been because i made the special request on their computer and mine.
I believe that N.Y state law on in general states that either party can end a contract, verbally or written within the 3 busines days period without any excuse from either party, and i made it clear to them if they did not comply with my options that i request that i will be returning the vehicle on the third business day and they made it clear to me that the will not honor my request to return the vehicle, so they said the will not end our contract.
Hello again and thank you for the additional information.Unfortunately, there is no 3 day cooling off period for a purchase made at the dealer's regular place of business as both the state and federal law provides for a right to rescind only where purchases are made at somewhere other than the merchant's regular place of business typically. Here is a link that summarizes the law on this issue:http://assembly.state.ny.us/comm/Consumer/20041123/However, since there are writings prior to the sale indicating that a condition of the sale would involve a rear camera, that could be used to pursue damages against the dealer for not providing the equipment to the extent you must pay someone else to install a rear camera.In addition, if they made misrepresentations of fact to you that were meant to induce you into making the purchase and you reasonably relied on those misrepresentations (that both pieces of equipment could be installed and would not interfere with each other), then that could provide grounds for pursuing damages for fraud normally.While there is no right to rescind the contract absent a breach of the contract by the dealer typically, there may be grounds to pursue damages based on a claim of fraud.Your options to resolve this matter include filing a complaint with the BBB. If the dealer wishes to protect its good reputation, they should work through that process to resolve the situation with you reasonably.If not, then you could pursue a claim for damages in small claims court or retain a local consumer protection law attorney to represent you in pursuing legal action against them.
I hope this helps clarify the situation for you.
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I need more time to check law before i rate you, I believe that any contract can be broken within three business days verbally or in writing. please check N.Y State law on new vehicle purchase, then e-mail me, I will check the link to the law you refered me to when i get some time, still have some more issues to do with dealer
Hello again,The link I provided to the NY state assembly indicates bills have been introduced to include the purchase of new vehicles, but there is currently no law which provides a right to rescind with regard to new vehicles unfortunately as addressed in the article as follows:The sale and leasing of automobiles, one of the most expensive purchases made by many New Yorkers, is not currently covered under the Cooling-Off Rule. To address this, I have sponsored two pieces of legislation (A.5151 and A.5411). The first bill, A.5151, would give consumers a three day cooling-off period to cancel contracts for automobiles sales and leases. The second bill, A.5411, would allow consumers a one day cooling-off period to cancel such contracts. Here is another link to the state's website indicating the law does not apply to such purchases. I'm sorry, I wish I could tell you otherwise:http://www.nysegov.com/citguide.cfm?ques_id=999&supercat=245&c..
I wanted to ask you if the dealer did not sigh my copy of the contract butsigned his copy that he sent to the bank, is that a legal contract.