Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Louisiana does not have a right of rescission for most contracts, including new and used cars. In fact, no state has a right or rescission (aka "buyers remorse") for new or used cars.
Now there is a Federal law that allows for a 3 day right of rescission, but only in certain instances (such as sales away from the seller's place of business (i.e. Door to door sales)).
That also would not apply in the case of most consumer goods purchased at the seller's place of business.
So while Louisiana does not have a right of rescission, it's possible given the circumstances that Federal law could apply, but assuming you're talking about a new or used car (90% of the questions relating to buyers remorse on this site pertain to new or used cars) unless there's something in the contract that gives you this right, I'm sorry to say that you're not going to be able to rescind the contract.
Now if there's fraud involved in the contract, that's a different matter.
But there's not a unilateral, 3 day for any reason rescission right.
I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
I went to buy a used motorbike, signed the papers, no warranty from a dealer,before I gave them the down payment or took possession if the bike or gave them my trade in I found out it has a factory defect.told them I didn't want it now they say I MUST buy it.
Did they represent the bike as being free from defects?
I asked them about it and they said they knew nothing about it. I asked the salesman and service manager,said they.d check into it. didn't call me back for 3 days .Then said they.d give me a 1 year warranty. By this time I'm fed up and I don't trust them.thier holding my title to my bike ,they say can't do anything because all the papers have been signed
Unless there was a positive representation that it was free from defects, etc... then unfortunately they're correct. Contracts are binding, and the caveat emptor (buyer beware) doctrine applies. The fact that they said they didn't know means that it was incumbent upon you to inspect it (if even possible) and to take the risk of defects.
Like I said before, unfortunately there is no right of rescission on any type of vehicle bought at a dealership of any kind, in any state.
Once the contract is signed, it's binding.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).