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.
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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I was wondering if there were any available help through this advise. Please check it out for me thanks.
Here is the link again and the title of the article is:
Consumer Fraud law office
Contract for Car Dealer Fraud?
Here is the link one last time.
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 Basically, California allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment.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).
Thanks very much. I will purchase the vehicle and hope for the best.
Thanks for your assistance. It was invaluable.
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.
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