My son traded in his vehicle to a dealer on Sunday, July 1, and had purchased another car. He doesn't want the new car.We tried to return it this morning after only having ownership for 8 hours, and they refused citing we had no recourse. The contracts, however, are dated JUNE 30...not the day we even looked at the new vehicle or made the purchase...can this invalidate the contract? Do we have any recourse in the state of NY on contracts signed under 72 hours??
Country relating to Question: United States
State (if USA): New York
I called early this morning, sent an email to the sales person, and finally, made a personal visit at 10AM to the dealer with the car. Still no resolution ...
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.I am very sorry to have to bear bad news, but the "72 hour cooling off period" will not apply to car sales. That law applies to various transactions, including door to door sales, mortgages, and other transactions. But it will not apply to a car sale executed at the dealership.So there is not right to cancel the contract.Again, I am sorry to have to bear bad news.
thank you for your assistance, but even if the dates on the contract were incorrect?
Sorry for the delay, the computer crashedThe date being wrong will not kill the contract. It is considered a "scriveners error" and will not impact the validity of the contract
Well, it appears we have no way of getting our previous vehicle back. Outside of the facts that I have given you, do you think there is any other alternative? It appears that speaking to them has not given us any results and legally, we don't seem to have grounds either. This is the last question, but I really hate to give up on this...and thank you for all your help.
It is a tough one...you can try and negotiate with them...it may be they will be willing to break the contract if you pay them. Of course that begs the question...how much is it worth to you? And will that be enough for them.Other than that, I wish I had better news...car salesman are typically good at what they do...putting pressure on folks to make a decision that is often not in their best financial interests.The other option would be to try a "quick sale" of the car. You will take a hit on it since it is technically used, but if you sell early, it may be a relatively minimal loss if you can sell to someone else. Craigslist can help with this for free.
Law Degree, 12 Years of trial experience
I thank you for your help on this and appreciate your advice. I did try to speak with them earlier today, on site, but it was a fruitless effort. The salesperson's "tough-you-are-stuck-with-it" attitude almost led to an overheated and zealous argument...after all, they have to make those numbers. They used excuses including tax recording, buy back and even wanted to do a safety check for an additional $1k!! Sadly, this will certainly be a lesson learned for my son for the future.
Welcome. Sorry for the delay, I was called away.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 / rate answer button, its the only way I get credit for my work.
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