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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23392
Experience:  Attorney with 14 years experience in various consumer protection areas
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I am here in Northern California and I recently purchased a

Resolved Question:

I am here in Northern California and I recently purchased a used auto within the last 24 hours. I have become increasingly concerned after reading reports on the internet the this morning of this model of Honda Accord which has historically bad auto transmission. When I was there on the lot last night checking it out the sales person says its a bit rough in lower gears but is fine in upper gears. I had no idea that this model had a history of problems. I assumed that whatever the issue was it would be cheaply fixed in the future if needed and the car only has 34 K so I thought it would be a great buy. However now because of my knowledge of the transmission issues I want to cancel my purchase. The auto is still at the dealer but since I signed a contract that waived canceling my purchase within 48 hours the best that they will do is offer an extended warranty reduced from $995.00 to $500.00 on top of my original purchase price. I offered to pay them a $500 restocking fee and walk away from the deal entirely and they say that they never allow vehicles to be returned. I am worried I will stuck with a car with a continuing issue of major repairs because of the transmission. Its disheartening to know I will drive home a potentially defective vehicle right from the get go. Please help thanks. XXXXX
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear that you are unhappy with your car purchase.
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What is your legal question that I can help with tonight?
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Thanks
Barrister
Customer: replied 1 year ago.


Thank you. I want to know since they still have the car and I believe the transmission is not in satisfactory working order if I can opt out of this sale even if I provide them with the restocking fee they request. This is available for people that purchase the option to cancel the sale within 48 hours. Unfortunately I didn't take the transmission issue seriously and didn't purchase this option. Apparently I discovered online that this model of Honda Accord has many transmission issues. Now the Auto place is saying that the cancelation of the sale is not an option at all. The only option is to purchase aXXXXXtrain warranty for an additional 2 years and I haven't even taken the car off the lot. Thanks for your prompt reply. I am supposed to give the general manager an answer in a couple hours about purchasing the 2 year warranty at the reduced price of $500.00 Its originally $995.00 Urgent stuff. I want out of this sale even if I have to eat $500.00 to escape it. Thanks.

 

Don

Expert:  Barrister replied 1 year ago.
Thank you for the additional infomation. I am sorry to be the bearer of bad news, so please don't "shoot the messenger", but unless you purchased the return option, the purchase contract is legally binding on both parties as soon as you sign. From a purely legal perspective, the dealer has no legal obligation to cancel the sale unless they voluntarily agree to do so.
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The 48 hour cancellation option is intended to give a purchaser the option to use and drive the vehicle for that period and determine if they want to keep it. But if you don't purchase that option, when you sign, the vehicle is yours, defects and all, whether you have taken physical possession or not.
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If you breach the contract, then the dealer would have the right to repossess and sell the vehicle at auction and then sue you for the difference between what it sells for and your purchase price.
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So unless you can talk the seller into voluntarily agreeing to cancel the purchase, maybe by offering them some additional money to buy your way out, then they can enforce the contract as written.
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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.

Dear Barrister:


 


I was wondering if there were any available help through this advise. Please check it out for me thanks.


 


http://consumer-fraud-lawyer.com/id45.html

Expert:  Barrister replied 1 year ago.
I don't seem to be able to access the link you provided to take a look.
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Do you have the name of the website?
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I am looking at the name in the link and it states something about consumer fraud. If that is the direction you are going, then it might be hard to prove since they did mention to you that the transmission was rough in the lower gears. Additionally, the burden is on the purchaser to have the vehicle inspected prior to purchase to ensure it is mechanically sound and doesn't have any obvious problems. The fact that they mentioned the lower gears were rough should have been a big red flag to have the car checked out prior to purchase.
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Thanks
Barrister
Customer: replied 1 year ago.

Here is the link again and the title of the article is:

Consumer Fraud law office

FAQ

Contract for Car Dealer Fraud?

 

Here is the link one last time.

 

http://consumer-fraud-lawyer.com/id45.html

 

and here is what it says. thanks

 

A: California Law provides a myriad of reasons to justify rescinding a contract to purchase or lease a new or used automobile. Basically, California allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment. The basic concept is that there must be a "meeting of the minds" in order for a contract to be valid.

A contract that is put in writing tends to eliminate significant "he said-she said" arguments over what exactly was agreed to, since the significant terms of the contract are usually contained in the writing. California law requires that the contract have no blank spaces when signed, and that the consumer receive a copy of any contract after signing.

However, California provides consumers with vast protections against misrepresentations that are made during the negotiations for the purchase or lease of goods or services. Further, there is no requirement that the salesperson intended to make a misrepresentation; the fact that a representation was made during the negotiations which in fact is not true is all that is required.

Some examples of misrepresentations, which would justify rescinding the sale, may include the following, especially if more than one of them is present:

The inaccurate representation that the vehicle (or other consumer product) is new, when in fact it is used or reconditioned (if your "new" vehicle had several hundred miles on the odometer, it was not likely a "new" vehicle);

Any inaccurate representation concerning the quality or benefits of goods or services (this would usually cover anything told to you by the salepersom, or sales and finance manager, including how mechanically sound the used car is, how much you'll be protected by the service contract, that the finance rate is the best available, etc.);

Significant non-disclosures of information required to be disclosed (such as the fact that the vehicle was a "demonstrator," was previously totaled due to body damage or flood, has a salvaged title, was a previous "lemon law buy-back", was involved in an accident involving damage to the frame, and a whole host of other problems which should have been disclosed but were not).

Expert:  Barrister replied 1 year ago.
Ok, I was able to find it by doing an internet search because the link still wouldn't work for some reason...
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"Basically, California allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment. The basic concept is that there must be a "meeting of the minds" in order for a contract to be valid."
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As I mentioned earlier, they did disclose that the transmission was rough, so it would be very hard to claim that they concealed the problem...
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If the vehicle failed its basic safety check so that it was not safe to operate on the road, then that might be a reason to rescind the sale. But transmission roughness wouldn't rise to the level of making it unsafe.
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To be very honest with you, that site is written in such a way as to inflame a buyer who is in a tough situation and then it wants the buyer to contact them (and likely hire them) to try to get buyer out of the sale. I can virtually guarantee that they do not offer a money back guarantee if they are unsuccessful in helping, but it might be worth giving them a call to see if I am wrong.
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Thanks
Barrister
Customer: replied 1 year ago.

Thanks very much. I will purchase the vehicle and hope for the best.


 


Thanks for your assistance. It was invaluable.

Expert:  Barrister replied 1 year ago.
You are very welcome. As an aside, I would probably purchase the extended warranty if they will give it to you for $500 if it covers the drivetrain and transmission... Just to be on the safe side.
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Thanks
Barrister
Customer: replied 1 year ago.

I did indeed purchase the extended Warranty. This should at least keep me running for a couple of years. Perhaps I can pay off the car and sell it or whatever. Thanks for your help. I had only a couple of hours to learn all of this and communicate with the auto dealer. It was really draining so glad you were here to help. Thanks.

Expert:  Barrister replied 1 year ago.
You are very welcome. Even as an attorney, I always dread dealing with car dealers...

The best approach is to assume if their lips are moving, they are lying, get everything in writing, and have any used car thoroughly checked out by a private mechanic before buying.
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Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 23392
Experience: Attorney with 14 years experience in various consumer protection areas
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