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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32646
Experience:  16 yrs. of trial experience
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I purchased a 2005 Jeep on 09-07-08, finding that I am in a

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I purchased a 2005 Jeep on 09-07-08, finding that I am in a pinch with house payment & other bills I want to return the Jeep. I was not offer a cancellation contract nor was one even mentioned.
Submitted: 8 years ago.
Category: Legal
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist

As a general rule, the sale contract for an automobile will be complete when you drive off the lot. At that point you own the car.

There is no automatic "right of return" or "right of cancellation"

The only legal recourse you would have is if the dealer somehow mislead you on a material they told you this car had a new engine and if fact it did not.

While you may not have a legal reason to return the car, you may be able to return the car and take the financial "hit"...that is sell it back to the dealer for less than you paid for it.

These I believe, are your only options

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.

Customer: replied 8 years ago.

What about Vehicle Code Section 11713.21

I was never told about this .

Expert:  P. Simmons replied 8 years ago.
Your correct, there is a requirement that they provide you the option of purchasing this option (its really aXXXXXto make sure you like the car)

From the statute
(1) A dealer shall not sell a used vehicle, as defined in Section 665 and subject to registration under this code, at retail to an individual for personal, family, or household use without offering the buyer a contract cancellation option agreement that allows the buyer to return the vehicle without cause. This section does not apply to a used vehicle having a purchase price of forty thousand dollars ($40,000) or more, a motorcycle, as defined in Section 400, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code.

SO, if they violated this statute, you may have a claim.

The main problem is you are well past the 2 days so they will have an argument that you kept much longer than the 2 days prior to returning. The statute does not state what happens if the dealer does not comply with the statute. You may want to check all your documents to make sure you did not sign off on this.

If not, I would go back with a copy of the law

Copy here:

and threaten to sue and report them to better business bureau and to notify the attorney general. That and perhaps some negotiations can get them to take the car back most if not all what you paid

best of luck

Customer: replied 8 years ago.
It does not state in the code any time limits regarding the period you can have the car in your position, only if the car is leased. If a seperate cancellation agreement is purchased with a return date in it then I would have that time period to return it. My question to you is what do I do since the Cancellation Agreement was not offered as stated in the vehicle code, it should have been. It was never brought to my attention. Maybe being a female they do the usual & slipped it by? I have read the entire 11713.21 code. My understand is I can return the car without cause. I would have to pay a restocking fee.
Expert:  P. Simmons replied 8 years ago.
Actually it does state the time

(3) A statement specifying the time within which the buyer must exercise the right to cancel the purchase under the contract cancellation option and return the vehicle to the dealer. The dealer shall not specify a time that is earlier than the dealer's close of business on the second day following the day on which the vehicle was originally delivered to the buyer by the dealer.

I think that since the dealer did not follow the rules, you have some leverage and may be able to use this leverage to your advantage to return the car. If you can demonstrate that this was done on purpose, I think you will win in court and be able to cancel the contract.

Because the code does not list a remedy (like "if the dealer fails to comply with this rule, the customer can return at any time") it is not clear how the court will handle a suit by you to void the contract. As I said, if you can show it was done on purpose, then you have a great case to cancel and recover all your money. If not you still have a case, just not as strong

That is why I would take a copy to the dealer and see if you can negotiate them to take it back...if they refuse, then you can sue to recover

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 32646
Experience: 16 yrs. of trial experience
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