How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Loren Your Own Question

Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23558
Experience:  30 years experience in general legal matters.
Type Your Consumer Protection Law Question Here...
Loren is online now
A new question is answered every 9 seconds

My nephew received a 10-day letter from a car dealership canceling

Resolved Question:

My nephew received a 10-day letter from a car dealership canceling the contract. So, he purchased another vehicle. He now wants to return the first vehicle, but the dealership is insisting he can't because he didn't sing a rescission contract? Isn't the 10-day letter sufficient for him to just return the car?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Ely replied 2 years ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please clarify what the 10-day letter actually states? Does it give him 10 days to cancel, or, does it CANCEL the original purchase all-together (i.e. a release from the contract)? Did he ask for this letter?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Your options are not as limited as you may think in this situation. This situation is created when a dealer performs a "spot delivery," which is a sometimes risky venture on everyone's part. Essentially, the dealer obtains your credit report (with your permission), and you and the dealer agree to terms for a vehicle that you want to purchase. The dealer, wanting desperately to sell you a car, will often just delivery the vehicle and "guess" at the finance rate. If the dealer gets it wrong and the lender requires different terms (which might include more money down, a higher interest rate, and/or a shorter term loan), then they guessed wrong and have to give you the bad news. The letter you received in the mail is referred to in the industry as a "10-day letter," because a provision in the letter allows the dealer to rescind the contract within 10 days if they are unable to obtain financing on your behalf. When you receive this letter or phone call, you may be getting set up for the "yo-yo contract," which is a type fraud where the dealer delivered the vehicle at terms that you thought were favorable but the dealer acted in bad faith. In this instance, the dealer may have already sold the vehicle you traded in., and then you get the call telling you they need another $1,000 or more down in order to get you financed. Now you are stuck - either agree to whatever the dealer offers or return the car and be without transportation because they sold the car you traded in. This type of consumer fraud should be reported to the California Attorney General. Additionally, you may find that retaining local counsel to threaten the dealership with litigation will get the dealership to back down.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Customer: replied 2 years ago.

I do have a follow-up question. My nephew is a 22-year old college student and not very business savvy. I told him to return to Santa Barbara Toyota, talk to the dealership manager, and simply attempt to return the vehicle based on the fact he received their 10-day letter. Thus far, the dealership has threatened to blemish his credit and report the car as a repossession if he returned it. I just want to know, is he within his legal rights to return the car this morning based on the 10-day letter? Is it true that he can not so unless he signs a rescission contract as claimed by their finance department?

Expert:  Loren replied 2 years ago.
There are two different issues in play within your question. California law allows a car purchaser to also purchase the option to be able to rescind the contract. This is a separate option which a car buyer would pay for at the time of purchase. That is the recission contract which the dealer keeps referring to that, apparently, your nephew did not purchase.

The recission the dealer gave has to do with the fact, probably, that the financing was not approved after he took possession of the car. It is a provision in the contract which may be exercised by the dealer, but the way it is being done appears to be fraudulent.

That is why I am suggesting that your nephew involve an attorney. The dealership is going to run rough shod over him because they can. If he has a lawyer, his rights will be better protected and the dealer will be more intimidated into treating your nephew correctly and according to law. Right now, they are counting on him just going away.

I hope this clarifies my answer.

Thank you.

Loren, Lawyer
Satisfied Customers: 23558
Experience: 30 years experience in general legal matters.
Loren and 3 other Consumer Protection Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Infolawyer


    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
< Last | Next >
  • Infolawyer's Avatar



    Satisfied Customers:

    Licensed attorney helping individuals and businesses.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • Tina's Avatar



    Satisfied Customers:

    17 years legal experience including consumer protection law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience in various consumer protection areas
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16+ yrs. of legal experience.
  • Andrea, Esq.'s Avatar

    Andrea, Esq.


    Satisfied Customers:

    25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
  • LADY LAWYER's Avatar



    Satisfied Customers:

    Consumer Lawyer

Related Consumer Protection Law Questions