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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 8090
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I just relocate to California and bought a used car from a

Customer Question

Hello Sir,
I just relocate to California and bought a used car from a dealer. At that time, the dealer told me that he was willing to help me because he can imagine how lonely I am without family. So, I trust him. He guaranteed that I can return the car if I am not satisfied. He did not provide me with the title and any reports. I know it is my fault that I did not ask him write down all the words he mentioned. After purchasing the car, I found that the car has weird sounds and the transmission has weird sound as well, so I want to return the car. He asked me to wait for the title. Yesterday, looks like he did not want to deal with the problem and he threatened me that I have already signed the contract and he has no responsibility. I went through the contract and found that he put the delivery date before the date of I signed the contract. I realized that maybe it is why he said I do not have to fill out the date blank. I have signed the date only in the first page. And I insisted to pay personal check at that time.
Is it legal to put the delivery date earlier than the date signing the contract? I am very disappointed. Could you give me the advice? Thank you.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

The delivery date should be the actual date of delivery- some dealers will allow a consumer to take the vehicle home before the financing is complete- this is called a "yoyo sale" which has issues of its own.

Most importantly, was there a buyer's guide, and if so does it say "as is"; were any warranties purchased? lastly were there any representations made about the car's condition?

Customer: replied 1 year ago.
I did not make the financing, I pay the full payment by the personal check. Yes, there is a as is document, I guess that is why he threatened me I signed the contract. No warranties included. No carfax or something. Only ask me signed my name. Can I put some pressure on him because he intentionally misrepresented the delivery date? Thank you.
Expert:  LegalGems replied 1 year ago.

It would depend. For example, one can sue for breach of contract if one of the parties breaches one of the provisions of the contract. However, in order to void the contract, it must be a material breach-going to the very heart of the matter. Delivery issues generally just result in economic damages- for example, in the event of the delivery causing economic damages (requiring the use of a rental car until the car is delivered).

If however, a dealer makes misrepresentations that go to the condition of the car, the dealer can be sued for misrepresentation. Additionally, a complaint can be filed against the dealer, which can result in the supsension/revocation of the dealer's license.

Here is a link to the complaint form: https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/consumer/invest/inv172