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Richard, Attorney
Category: Legal
Satisfied Customers: 53688
Experience:  Attorney with 29 years of experience.
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Customer Question

I am a otherwise intelligent single mother, concious consumer, employed at a local college..i give this info as my disclaimer...saturday I purchased a car, from a guy who had several cars. The one I originally called about was sold when i got there, so he offers up this other one, its wet when i get there, im thinking hes getting the dust off when it dries later at my house i see hits been in an accident, the front left panel is diff color and barely attached! Rewind, two of the cars were at his house, so thats where we signed the contracts. I signed a arbitrary agreement or whatever, but when i looked up consumer law it says that on the rare occasion a contract is signed in irregular place ie:your house, the woods I try calling and by early 3rd day i send a contract cancellation via american telegram. they left it on his vm and delivered and finally got it signed 4, but they say that the contract is cancelled as of when they spoke with him yesterday and delivered and so he calls me and says he will fix the 4 main things about the car and that il lose in court and he wants to do me a favor..does the law about the signing of contract in the house work in my favor forreal or should I just take what he is saying and he wants me to type something up and sign it that says once he fixes these things that we are settled...but i still owe 2500.oo on the car, that i was set to pay off in 7 months, but if i can actually get out of this rather do that...Help..please and thank you
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. You can get out of this contract. A seller is
obligated to disclose anything the seller knows or should have known that a
reasonable buyer would consider material in making the decision whether or not
to buy the car. Having been in an accident would qualify
as something that a reasonable buyer would consider significant. In such a
situation, a buyer does have recourse.
If a seller is not willing to remedy the situation by rescinding the entire transaction and refunding the
buyer's money, the buyer can file a claim not only as a breach of contract
case, but also as a deceptive trade practice action, which will entitle the
buyer not only to actual damages, but also an additional amount equal to 3
times that as punitive damages. That typically provides plenty of incentive for
the seller to settle this on the buyer's demands rather than to face the
possibility of these punitive damages; but, if it does not, the buyer has the
right to file the suit.

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Thanks for allowing me to be of service to you. Please be
aware that the information provided here is not legal advice. Rather it is
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information given is simply information only and specifically is not

intended to be, nor does it constitute, legal
advice. This communication does not establish an attorney-client relationship
with you. I hope this answer has been helpful to you.

Expert:  Richard replied 3 years ago.

Hi there. I have received a response that indicated that you
considered the service provided to be poor.
My goal is to provide an answer that completely answers your questions
and I strive to achieve that goal with each of my customers. I took the time to answer your question and
I feel that I answered your question thoroughly, completely, and accurately
within the confines of the limitations of both the law and JA.
If you
feel that I did not fully respond to all your questions, please let me know how
I can supplement my response to provide you a completely satisfying response. I
recognize the answer might not be what you hoped it would be, but if there is
any question left unanswered, please let me know. Otherwise, I would appreciate it
if you would consider changing your rating.
be aware that any rating of 1 or 2 is reflected as a negative rating, reflects
negatively on my performance, and I receive no credit for my answers
. If
you have no further follow up, I would appreciate you reconsidering your rating
so that I get credit for the service I provided you in answering your question.
Thank you!

Customer: replied 3 years ago.

Sorry..but my question was mainly to do with the mandatory arbitration form i signed, which prevents one from being able to sue as they normally would be able to do.

Expert:  Richard replied 3 years ago.

First, the mandatory arbitration clause is not likely to be enforced due to the fact that the seller engaged in a deceptive trade practice giving you the right to rescind the entire transaction including deeming the contract itself null and void. Second, if you did decide to go to mandatory arbitration, your cause of action would be the same....fraud and deceptive trade practice giving you the right to force the buyer to take the car back and refund your money...the law is the same, it's just that an arbitrator makes the ruling rather than a judge.

Expert:  Richard replied 3 years ago.
I would appreciate understanding how I am not addressing your question. Please let me know specifically so I can help you and provide you information you find satisfactory.

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