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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I bought a new car but didn't take possession of it until a

Customer Question

I bought a new car but didn't take possession of it until a week later because of some problems they had with it. I got it yesterday and after driving it up town decided it's too big of a car for me with my bad back. It's a Jeep Sahara 4 door and I have trouble even getting into it. My question is: when does the 3 day cool down period start...when I signed the contract and gave them the check or when I was finally able to take possession of the car? It's going back and I need to know my options
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Unless you have a written contract that gives you this right, I'm sorry to say that there is no 3 day right of rescission. Many people think that there's such a right of rescission, but there's not (under Federal or state law). No state has a right of rescission on new or used vehicles for any period of time. Now you could have a contractual right, but that would have to be in the actual contract that you signed, and as it's the dealerships that make these contracts, it's very unlikely that you would actually have one.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

To answer your question that you brought up elsewhere, there's a law that governs very specific types of transactions. Here's the Illinois Attorney General's website on that matter: http://www.illinoisattorneygeneral.gov/consumers/3dayright.html : "

However, many people mistakenly believe that you have a three-day right to cancel all transactions. In fact, this right applies only to certain types of purchases, as described below.

Door-to-Door Sales
A provision of the Illinois Consumer Fraud and Deceptive Business Practices Act allows citizens a three-day right to cancel door-to-door sales when the total transaction is for $25 or more and the seller solicits you in your home to purchase, lease or rent merchandise.

When you are solicited in your home, the seller must do the following: inform you orally and in writing of your right to cancel; provide the written notice of cancellation in the contract or on the receipt of purchase; and provide you with two copies of the notice (one to keep for your records and one to send to the seller in the event of cancellation).

Canceling a door-to-door sale

  • You must send the seller written notice within three full business days after the purchase date. Depending on the seller's regular hours of operation, "business days" may include weekends. For proof of the mailing date and the seller's receipt of cancellation, send the cancellation notice by certified mail and request a return receipt.
  • The seller must refund any deposit you made on the purchase within ten days of receiving your cancellation notice. You are not liable for any finance or other charges and the transaction is void.
  • You must make the merchandise available for pick-up by the seller or return the merchandise by mail to the seller at the seller's expense. If the property isn't picked up within 20 days after you made it available, you are entitled to keep the property without any obligation to pay for it.

Campground Memberships
If after a sales presentation you decide to purchase a campground membership, the Illinois Campground Membership Act gives you three business days after executing the contract to cancel it. Under Illinois law, the "three business days" refers to any calendar day except Sunday or a federal holiday.

The cancellation notice must be written and delivered in person to the campground operator's office or sent by certified mail. You must return the contract and any membership materials you received with the notice of cancellation. The campground operator must refund any deposit made on the contract within ten days of receiving notice of the cancellation.

Physical Fitness Center Contracts
The Illinois Physical Fitness Services Act requires that fitness center contracts contain a three-day cancellation right so that new members can think about and cancel the membership if they wish. A contract for physical fitness services must be canceled in three business days. Please note that these days include any day on which the facility is open for business. Therefore, this may include Sundays and holidays.

In addition, you have seven days to cancel a contract entered into with a facility that has yet to open. If the center has not yet opened, contracts must give consumers the right to cancel if the facility is not available for use within twelve months of the date the contract is signed or within three months of the opening date specified in the contract, whichever is earlier.

Additional Cancellation Laws
Illinois Hearing Aid Consumer Protection Act: When you purchase a hearing aid by mail, you have 45 days to cancel the transaction.

Illinois Buyers Clubs Administrative Code: Under the Buyers Club Contract, you may exercise your written three-day right to cancel. You may also cancel the contract by delivering notice of cancellation by telephone, provided that you follow telephone notice by written notice within the next two days.

So as you can see, it's very specific types of contracts that can be cancelled. MOST contracts are not able to be cancelled and are effective the second they're signed (including new and used car contracts).

Again ,I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!