How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I just a car 31/2 days ago and have decided I want to change

Customer Question

I just a car 31/2 days ago and have decided I want to change my mind. The dealer just called me and said, they made mistakes on the paper work and want us to come in and resign. Can we switch back? Is so, without penalty?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you mean you changed your mind? As in, you do not want the vehicle any longer?

Customer: replied 1 year ago.
That is correct. I would like to give this vehicle back in return for mine.
Customer: replied 1 year ago.
They called me today and said the paper work is not right. So they want me to come in and sign new papers
Customer: replied 1 year ago.
Can I refuse to sign new papers and swap vehicles?
Expert:  Ely replied 1 year ago.

Thank you. Apologies, I was offline when you had responded.

Expert:  Ely replied 1 year ago.

Please allow me a second to type out my answer.

Customer: replied 1 year ago.
No call, thank you..!
Expert:  Ely replied 1 year ago.

1) There is no right to give back the vehicle. There is no window of recession of contract for such a contract transaction in Florida.

2) As such, it is binding, both on you as well as the dealer.

3) Unless the dealer made a mistake that was obvious, then they are bound by the contract just like the buyer is. I am going to assume that the mistake was not obvious. As such, then the contract is binding unto the both of you.

4) In this situation then, both of you are "bound." As such, someone in your situation cannot give the vehicle back. But also, the lender cannot make the seller change the contract. As such, you have no right give the car back. However, one can ask if the seller would be willing to simply void the whole sale since they are unhappy about the contract. The seller may be willing to then void the contract instead of being in a contract that they want to be in (or, amend it, etc, whatever the two of you agree on).

So in sum, you cannot cancel the contract, but the lender cannot amend it either without your permission. So perhaps the two parties can come to an agreement.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.