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I am having car buyers remorse. I test drove a 2011 Subaru

Resolved Question:

I am having car buyers remorse. I test drove a 2011 Subaru sat. I am to pick up today and changed my mind. What are my chances of getting out of it.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 9 months ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.

Regretfully, the consumer's 3 or 5 day right of rescission would not apply to the purchase of a used vehicle.

The Wisconsin Consumer Act grants Wisconsin citizens the right to cancel certain consumer transactions within three business days. Consumer transactions are those purchases by individuals that are for personal, family or household purposes.

This provision applies to transactions valued in excess of $25.00 where the transaction was initiated by face-to-face solicitation away from the merchant’s regular place of business, or where the transaction is directed to the particular customer via conventional mail, electronic mail, or telephone solicitation. The right to cancel law covers transactions at fairs and trade shows as well.



The Wisconsin Consumer Act does not cover purchases of used vehicles (or new for that matter).

So, your options are:

1) canceling the purchase because the seller/dealer was fraudulent in their description of the vehicle's condition or accessories somehow

or

2) negotiating the cancellation of the purchase by buying another vehicle from the seller if the seller is a dealer

or

3) negotiating just cancelling the purchase - giving them money to cancel the deal


Damages when there is a breach of contract for a Sale of Goods:

The usual measure is the difference between the contract price and the market price.
1) If the buyer breaches and the seller has not yet made the goods, the measure is lost profits on the sale.

or

2) If the buyer breaches - the seller can sell the vehicle to another buyer, the measure of damages is the difference in contract price and the sales price to the new buyer.


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.


Law Pro, Lawyer
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Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
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