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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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I recently asked a question regarding a car purchase in ca.,

Customer Question

i recently asked a question regarding a car purchase in ca., but i think there is more information which may change the answer. maybe. i bought a used car in ca. at a dealership. in the contract there is a warranty and a part that was scheduled to be placed
in the engine after purchasing the car. after signing the contract. i did not take possession of the car. i left the car at the agency and i returned home to new mexico. i have been contacted by the dealership that the part for the car is illegal. i also decided
i do not want the warranties (i felt very pressured to purchase them). i am scheduled to return to the dealership to sign another contract. the original one was never submitted. of course it contains an illegal part in it. this past week the dealership has
been very rude and i am questioning purchasing the car. i realize in ca. there is no cooling off period. is there a possibility that i can get out of the purchase due to the the illegal part on the original contract ? after all, the deal cannot go through
without me signing a new contract. what if i refuse ? i have never taken possession of the car. they cannot submit the original contract to the bank as it is. they are stuck, aren't they ? however, they do have my $3000 deposit. hmmmmm ? what are your thoughts
?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.

i recently asked a question regarding a car purchase in ca., but i think there is more information which may change the answer. maybe. i bought a used car in ca. at a dealership. in the contract there is a warranty and a part that was scheduled to be placed in the engine after purchasing the car. after signing the contract. i did not take possession of the car. i left the car at the agency and i returned home to new mexico. i have been contacted by the dealership that the part for the car is illegal. i also decided i do not want the warranties (i felt very pressured to purchase them). i am scheduled to return to the dealership to sign another contract. the original one was never submitted. of course it contains an illegal part in it. this past week the dealership has been very rude and i am questioning purchasing the car. i realize in ca. there is no cooling off period. is there a possibility that i can get out of the purchase due to the the illegal part on the original contract ?

Response 1: Yes. If you did not sign the contract and did not take possession of the vehicle, there is no enforceable deal. The dealership may try to pressure you or make threats, however, you cannot be forced to sign a contract. Regrettably, if you gave the dealership downpayment, you would have to file a Small Claim for the return of the deposit if the dealership refuses to return it to you. The Small Claim will be filed at the Courthouse in California in the County where the car dealership is located. You do not have to be physically present for the hearing because California Courts offer remote access to the Courts. For more information on Small Claims and Remote access to Courts, click on the links below:

http://www.courts.ca.gov/selfhelp-smallclaims.htm#howmuch

http://courtcall.com/

after all, the deal cannot go through without me signing a new contract. what if i refuse ?

Response 2: They cannot force you. See my previous response.

i have never taken possession of the car. they cannot submit the original contract to the bank as it is. they are stuck, aren't they ?

Response 3: Yes, they are.

however, they do have my $3000 deposit. hmmmmm ? what are your thoughts ?

Response 4: See my first response.

Customer: replied 1 year ago.
if i read your response correctly, it appears you didn't read my question accurately. it looks like you think i did not sign the original contract. i wrote that i did sign the original contract. how does this alter your response ? or, does it ? i am going to the dealership in a matter or hours.
Customer: replied 1 year ago.
if i am misunderstanding you, i apologize.
Customer: replied 1 year ago.
i think the fact remains, they can't submit the original contract and they can't force me to sign a new contract. am i legally bound to sign the new contract if i signed the original ?
Expert:  Phillips Esq. replied 1 year ago.

Hello, you misunderstood my response. I was referring to a new contract that they are trying to get you to sign. You said that the original contracts contains "illegal part" and thus cannot be submitted to the lender. So, I stand by my previous response to you.

i think the fact remains, they can't submit the original contract and they can't force me to sign a new contract. am i legally bound to sign the new contract if i signed the original ?

Response 2: No, you are not. This gives you a clean way to get away from the transaction. Do not let the dealership pressure you into signing the new contract.