My son bought a car in california. He has NOT taken possesion of it. He does not want the car but has signed a contract for it. How can he get out of it?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.If he agree to the terms of the contract and signed the contract, then he is "in contract".The fact he has not taken possession is of no legal significance. That is not required to have a contract.So if he is in contract and wants "out" of the contract? He will need to work with the seller. It may be he can convince them to void the contract, perhaps for a nominal fee. Unlike with some contracts (like for example, time share contracts and door to door sales contracts) there is not automatic "right of recession" for contracts for purchase of a car. If he agreed to the contract he can be held to the terms of the contractSorry to have to bear bad newsLet me know if you have more questions.
He was given a very low trade in
I understand. But if he agreed to the contract, they can hold him to it. The fact he does not like the terms is not grounds to void the deal now.Now, if there is evidence that the seller lied to him or tricked him, that could be grounds to void the sale...but a low trade in value in and of itself would not be grounds to void the sale.Sorry to have to bear bad news
I appreciate the help. I did not get a chance to finish my post. The vehicle that he traded in was a 2012 in Excellent condition. They gave him "Fair" KBB price which is about a 5000.00 difference. It was very apparent that the trade in vehicle was in Excellent condition. Could this be considered fraud??
Not likely. Not if your son is an adult. If he was under the age of 18 or clearly incapacitated, that could be grounds to void the sale. When a seller makes an offer and a buyer accepts, the court assumes that both parties were competent and able to negotiate. There is not a rule that requires a seller to offer a minimum amount for trade ins...they could offer a nominal amount and if the buyer agrees (again, assuming they are competent) that would not be a breach of the law.Now, if they lied...say they told him the trade in had a bad motor and that was not the case? That could be a case you could claim fraud.But simply offering a low amount for a tradein will not violate state law.
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