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Law Pro
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Category: Consumer Protection Law
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Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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Need help with creating a document - returned a used car to

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Need help with creating a document - returned a used car to a used car dealership that a family member purchased three weeks ago - transmission failed. They turned the car and keys back to the dealer - want out of their contract, they have not made a payment yet. Is this the right category, or should I used Consumer Protection Law???
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.
Welcome to JustAnswer! My goal is to do my very best to understand your situation and to provide a full and complete excellent answer for you.

My name is XXXXX XXXXX I'm going to assist you with your question.

Please bear with me if you believe my answer isn’t coming fast enough because I’m also working with other customers too. I apologize for any seemingly late response.


Did the family member get a warranty with the vehicle when they purchased it?

If so, did the warranty cover the transmission?
Customer: replied 1 year ago.


No warranty, older car with a record of awful reliability - they want to return the car and walk away... I don't see it happening?

Expert:  Law Pro replied 1 year ago.
Me neither.

That unless the seller gave a warranty or misrepresented (was fraudulent) the condition of the vehicles - there is no right of rescission or no buyer's remorse - once a deals made it's over.

To be able to rescind or void the purchase - they would have to be able to say he was fraudulent.

In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale.

The general law of the sale of property is caveat emptor (let the buyer beware) and buyers are under a general duty to inspect their purchase before taking possession. However, it is understood at law that inspection is not often sufficient to detect certain deficiencies in the product that can only be discovered through destructive testing or other means that a seller could not reasonably be expected to allow under normal conditions. For example, wood beams and interior brickwork often cannot be fully assessed without destructive testing, and it would be unreasonable for the seller to allow the buyer to take apart a car's engine.

As such, the law expects that buyers will protect themselves in the sales contract against defects they cannot possibly be expected to assess prior to purchase. As such, the term "latent defect" is often used as part of the guarantee clauses in a sales contract so that the buyer can recover damages from the seller if defects turn up in the property after the sale. For example, the seller may be required to pay for repairs of any such damage.

There is no automatic right for a buyer to claim against a seller for such latent defects when they are discovered, absent an agreement in contract. However, if a latent defect is discovered, there is often a presumption against the seller when a claim is made in misrepresentation that the seller knew about the latent defect. As such, the seller is required to show that he or she could not possibly have known of the defect, rather than the buyer having to show that the seller did know about the defect. However, if it can be shown the seller could not have known about the defect (and was not wilfully blind to the possibility) then the buyer's claim will not succeed.

However, when the defect could have been discovered by the buyer by a thorough inspection (a "patent defect"), the buyer cannot possibly succeed in a claim against the seller unless the seller actively took steps to hide the defect from a normal inspection.

In all cases, where a seller actively misrepresents the condition of the property, such as by taking steps to make an inspection impossible or by lying about problems when directly asked, the buyer will almost always succeed unless it can be shown that the buyer was independently aware of the defect and completed the transaction nevertheless.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.




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Customer: replied 1 year ago.


I completely understand your response - and when I posted (5am) I failed to include that, in a discussion with the seller, they have agreed to take the car back and let my (idiot) family member, "walk away". I want to supply something to them to have the dealer sign, and have told them they need to have the contract (original) returned to them.... wanted to write something similar to:



Notice is hereby given that we cancel our contract dated JUST THE OTHER DAY, for the purchase of STUPID CAR, from RIP OFF DEALER, description 1993 FORD EXPLODER, VIN STUPIDSTUPIDSTUPID. .



Above referenced vehicle has been returned to dealership, along with keys.



The STUPID buyers are cancelling the purchase contract and have forfitted ALL dollars paid to date. DAMN DEALER will not pursue STUPID buyers for any reason.



BUYER SCRIBBLE


DEALER SCRIBBLE



?????


what do you think?

Expert:  Law Pro replied 1 year ago.
Oh, OK. Now I understand. A mutual release form.


MUTUAL RELEASE

This mutual release, executed on [date], between [name of first party] of [address] , City of , County of , State of , and [name of second party] of [address] , City of , County of , State of , is intended to effect the elimination of any obligations by either party as hereinafter designated.

Whereas, disputes and differences have arisen between the parties with respect to that certain contract entered into by said parties and executed on [date] , a copy of which is attached hereto as Exhibit A, both parties have agreed to settle said disputes and differences by executing this mutual release.

Whereas, both parties recognize that by the execution of this mutual release, they are relinquishing their respective legal rights with reference to the herein mentioned disputes and differences, both parties agree that in consideration of this execution of this mutual release, and for the added consideration of the payment of [amount] Dollars, ($ ) by [name of first party] to [name of second party] , receipt of which is hereby acknowledged, and the payment of [amount] Dollars, ($ ) by [name of second party] to [name of first party], receipt of which is hereby acknowledged, each party for his heirs and assigns, expressly releases the other party, and his heirs and assigns, from all liability for claims and/or demands which may arise from that certain contract referenced herein and attached hereto.

In witness whereof the parties have executed this mutual release at [place of execution] on the day and year stated above.

/S/_________________________

/S/_________________________



Then just modify and fill in the blanks.

OK!!! Everything is working out for them them - great!!!




If you have any further questions, please feel free to let me know…

You can always ask for me in your question, “This question is for Law Pro . . (then on with your question) . . . .

Please press the Accept Button(and the Smiley Face if prompted :) if I have helped you today so I am credited for my time assisting you.

Pressing Accept does not cost you anymore, and only by you pressing accept am I compensated by JustAnswer for assisting you. Please don’t leave negative feedback, If something isn’t working let me know and I will continue working with you to resolve it! Positive Feedback and Bonuses are not expected, but are always appreciated!
Law Pro, Lawyer
Satisfied Customers: 24003
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
Law Pro and 4 other Consumer Protection Law Specialists are ready to help you

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