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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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is their a cooling off period for buying a new motorcycle i

Customer Question

is their a cooling off period for buying a new motorcycle i signed a contract on saturday ,after reading it at home i found i was getting shafted, i never took possesion of the motorcycle and the dealer is closed sunday and monday
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 Fred and 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.


Is there something that the dealer misrepresented about the motorcycle or the terms of the contract or anything?
Customer: replied 1 year ago.

the price was raised to pay me for my tradein

Expert:  Law Pro replied 1 year ago.
Did you realize that at the time you executed the contract?
Customer: replied 1 year ago.

im not getting anything other than if i want one month membership witch i dont , it looks like i am getting shafted again!!!


<<

Expert:  Law Pro replied 1 year ago.
Don't sign up for the "subscription plan" if you don't want it.

I have no control over what the website posts or directs you to.

But you only have this one question now.

In CA, the Car Buyer’s Bill of Rights, a law that affects the rights of CA car buyers, went into effect July 1, 2006. The law impacts the purchase of new and used cars handled by a licensed dealer.


Regretfully, that law is limited to and only applies to cars and not motorcycles.


In CA, while it has a laundry list of a consumer's right to cancel or rescind a contract - none of those apply to the purchase of a new or used motorcycle.


However, there are other circumstances where a buyer may have a legal right to cancel the contract.

A buyer may have a legal right cancel a contract if his or her consent to it was obtained by the seller's fraud or other material misrepresentation, or if the bargain fails in some important way through no fault of the buyer. The buyer should contact an attorney or other expert if the buyer thinks that he or she may have one of these grounds for canceling a contract.


A. Rescission for Fraud, Mistake, Undue Influence, Breach, Illegality

(1) No real consent. If the buyer's consent to a contract was induced by the seller's fraud, or was given by mistake, or under duress, menace or undue influence, the buyer can rescind the contract (Civ. Code § 1689(b)).

(2) Failure of anticipated exchange through fault. A buyer has a right to rescind a contract when the exchange which the buyer anticipated receiving from the seller "fails, in whole or in part, through the fault" of the seller (Civ. Code § 1689(b)(2)).

(3) Promised exchange void for any reason. The buyer has a right to rescind a contract when the exchange which the seller promised to the buyer "becomes entirely void from any cause" (Civ. Code § 1689(b)(3)).

(4) Failure of bargained exchange before being rendered. The buyer has a right to rescind a contract when the exchange which the buyer bargained to receive from the seller "fails in a material respect from any cause" before it is rendered to the buyer (Civ. Code § 1689(b)(4)).

(5) Contract unlawful. The buyer has a right to rescind a contract when the contract "is unlawful for causes which do not appear in its terms or conditions, and the parties are not equally at fault" (Civ. Code § 1689(b)(5)).

(6) Public interest prejudiced. The buyer has a right to rescind a contract if "the public interest will be prejudiced by permitting the contract to stand" (Civ. Code § 1689(b)(6)).

(7) Procedure for rescinding. A procedure for exercising the right to rescind (which includes a notice of rescission to the other party) is established by law; in general, notice must be given within a reasonable time after the buyer learns of his or her right to rescind (Civ. Code § 1691-1693).

(8) Other rescission rights. The procedures on rescission at Civ. Code § 1689-1693 also apply when the right to rescind is conferred by some other statute (Civ. Code § 1689(b)(7)).


B. Fraudulently Executed Contract Void.

If a party's consent to a purported contract is altogether absent because it was obtained through fraud -- for example, if the consumer was not aware that the document was a contract -- the purported contract is altogether void. (See Jones v. Adams Financial Services (1999) 71 Cal.App.4th 831, 839 [84 Cal.Rptr.2d 151, 157].)


C. Unconscionable Contract Unenforceable.

(1) Court's power to refuse to enforce. A court has the power to refuse to enforce a contract or a clause in a contract that is unconscionable when made (Civ. Code § 1670.5(a))

(2) Evidence of context admissible. To enable the court to decide whether a contract or clause is unconscionable, the parties may present evidence of the setting, purpose and effect of the contract (Civ. Code § 1670.5(b)).

D. Cancellation for Breach of Warranty

(1) Rejection. A buyer may reject (refuse to accept) a product that does not conform to the contract and the seller's warranties; if the seller does not cure the breach of warranty, the buyer may cancel the purchase (Com. Code 2601, 2711(1)).

(2) Revocation of Acceptance. Buyer may revoke his or her acceptance of a product if it substantially fails to conform to the contract and the seller's warranties, and may cancel the purchase (Com. Code 2608, 2711(1)).

(3) Lemon Law. If a warranted consumer product cannot be repaired after a reasonable number of repair attempts, the warrantor must either replace the defective product or reimburse its price, less the amount attributable to use (Civ. Code § 1793.2(d), 1793.22(b)).





So, if the dealer was fraudulent as to the price of the motorcycle and your trade-in value - that would be reason that you could cancel the contract.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).
Expert:  Law Pro replied 12 months ago.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

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