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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32341
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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Me and my friend bought a car from hawk Chevy . We want to

Customer Question

Hi me and my friend bought a car from hawk Chevy . We want to return the car can we ???
JA: OK. The Lawyer will need to help you with this. Because laws vary from state to state, could you tell me what state is this in?
Customer: In Chicago IL, we just bought the car Wednesday.
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: The dealership promise that we can return the car in a year. But we later found out the salesman wasn't telling the truth about car they
JA: Is there anything else the Lawyer should be aware of?
Customer: Yes the dealerships told us if we make the payments on time. We can get a new can within a year, but didn't tell us we will have to go through a bank again to get the car . He promise us that year model if we make the payments on time.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, nothing unless there is a "Right to Rescind" clause in your contract or you made the purchase at a location other than their place of business (ex. you bought it at a car show rather than their dealership).

Many people believe they automatically have a right to cancel a contract within so many days but that is incorrect. That urban legal myth began because there is a law that allows door to door sales (sales made at your home) or certain sales like vacation club packages, to be rescinded within 72 hours. That has somehow grown into the idea that you can just back out of any contract which is not the law or otherwise there wouldn't be any reason to have a contract in the first place.

Also, finding a better deal elsewhere is not a ground for rescission. If the dealer somehow breached the contract (ex. you ordered blue and they delivered brown) then you could possibly file a lawsuit and rescind as well.

While you may be able to sue based on the salesman lying to you there are a few issues with that. The main one is what is known as the "4 Corners Rule" or the "Parol Evidence Rule". Those state that if there is a contract then a court may not look outside the "4 corners" of the contract paperwork to interpret it. However, there are exceptions to this and if you have a witness then you may be able to claim fraud and get a judge to consider all of that. It's a tough argument, but possible.

Unfortunately, you really need a local lawyer to help you with this since it is complicated. The good news is that since this is a breach of contract case then you can also sue for whatever the fees are.

You would want to use a lawyer that does "Civil Litigation" or "Consumer Law". You can find one near you by going to www.lawyers.com and entering those phrases in the section for Area of Practice and then your location.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

Customer: replied 6 months ago.
the Illinois 3 day rule is not true ?
Expert:  Dwayne B. replied 6 months ago.

There is a three day rule but it is limited to situations like I described above.

The Illinois Attorney General has a website that discusses the issue:

http://www.illinoisattorneygeneral.gov/consumers/3dayright.html

This page specifically says:

"NOTE: The Three-Day-Right-to-Cancel Law does not apply to an auto purchase, and Illinois Lemon Law applies only to new cars, not used car sales or leases."

http://www.ag.state.il.us/consumers/auto.html

This is one of the most common urban legal myths.

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