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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 22682
Experience:  Attorney with 14 years experience in various consumer protection areas
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I bought a car yesterday (in NJ) & realize that I cant afford

Resolved Question:

I bought a car yesterday (in NJ) & realize that I can't afford it. Can I return it?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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I am afraid that I don't have good news for you so please don't shoot the messenger...

Many consumers are under the impression that they have a 3-day right to cancel any and all consumer purchases. However, this is not true. The right to cancel law applies only to very specific situations.

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The 3-day right to cancel law applies to sales made at facilities other than the seller's place of business. Such locations may be the consumer's residence and places rented on a temporary or short-term basis, such as hotel rooms or convention centers.

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A "home solicitation transaction" takes place whenever a consumer purchases goods or services for more than $25 payable in cash or installments at a place other than the seller's place of business. The place other than the seller's place of business may be the consumer's home, but it may also be a place that the merchant has rented on a temporary basis, such as a hotel room or convention center.

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So unless you entered into the contract at your home or at a temporary location then unfortunately you would be unable to cancel the contract.

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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter 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. The information provided is not a substitute for a local attorney’s legal advice.


 

 

Customer: replied 1 year ago.

I just read that a buyers remorse law was passed in 2010 for auto purchases. Is this true?

Expert:  Barrister replied 1 year ago.
While there is a right of rescission in NJ for automobile leases of 1 day, there is no right of rescission for vehicle purchases.
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Thanks
Barrister
Customer: replied 1 year ago.

So there is nothing I can do? I really cannot afford this car. They really should not have sold it to me in the first place, as they could see that I do not make a lot of money.


 


As a last resort, could I resell the car back to them? Please, I don't know what to do.

Expert:  Barrister replied 1 year ago.
Honestly, there is no legal way you could just return the car without any repercussions. You could do a voluntary repossession where you just drop the car off to the dealer and leave the keys. They will then sell the car at auction and then could come after you for the difference between what it sells for and what you owe.
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But yes, there is nothing that would prevent you from selling the car back to the dealer. However, you should expect to take a hit for a few thousand, even if it is brand new, because that is how disreputable car dealers work.
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You would likely be able to get a higher price if you sold it privately and simply explained to any buyers that you have changed your mind about the car due to finances.
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Thanks
Barrister
Customer: replied 1 year ago.

I realize that the trade will probably be less than the new car price, but maybe I could trade it in for my old car, which is much less in value.


 


Thank you for your time. You were great, although I did wish for a different answer.

Expert:  Barrister replied 1 year ago.
Now they may agree to do that if your car is worth less than the new one...
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You are very welcome. I am sorry I didn't have better news for you.
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Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 22682
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 7 other Consumer Protection Law Specialists are ready to help you

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