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Question

Purchase of new motorcycle how many days to cancelled contract

Submitted: 17 days and 6 hours ago.
Category: Legal
Value: $18
Status: AWAITING CUSTOMER ACTION
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Optional Information

State/Country relating to Question: New Hampshire

Already Tried:
calling them and trying to cancel

Posted by D. WINOGO ESQ. 17 days and 5 hours ago.

Answer

There is no state or federal law permitting you to cancel a contract after you've signed it. You can only cancel the contract if the salesman came to your house and you signed the contract there, or if there is a provision in the contract itself which gives a proscribed period to cancel.

 

 

17 days and 5 hours ago.

Reply

both parties on the regesation not agree to tradel motor cycle they are both listed on reg and title

Posted by D. WINOGO ESQ. 17 days and 5 hours ago.

Answer

If I understand you correctly, you were asking whether a contract for the sale of a motorcycle can be cancelled. The answer is that it cannot be cancelled unless the seller agrees or there is a provision in the contract itself which allows cancellation. Otherwise, the buyer cannot cancel the contract unilaterally.

17 days and 5 hours ago.

Reply

 

THe used motorcycle that was traded in has 2 people on it in wicth both do not agree to release it from title or regestation this used motorccycle was part of the trade in but no money has been exchanged like in the agreement the dealership was going to give a check for half of the book value but that person was not present at the time of transaction or signing of any docoments

Posted by D. WINOGO ESQ. 17 days and 5 hours ago.

Answer

So you are saying that there are two registered owners on the motorcycle, and that one of the owners did not agree to it being given to you. If that is the case, then you can return the motorcycle as the contract itself was null and void because it was not and should nto have transferred without both owners' permission.

17 days and 5 hours ago.

Reply

Yes but i have not accepted anything have not delverd the used motorcycle or accepted the new motorcycle or any monies at all but did try to cancell the contract monday and the contract was signed 2 days before that on saturday

Accepted Answer

It does not matter how much time went by, because as I mentioned previously, the contract itself is not binding because both owners of the motorcycle did not consent. So therefore, you can demand that the contract be cancelled unless both owners of the motorcycle provide proof that they agree to the deal.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 11/5/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

17 days and 5 hours ago.

Reply

Thank you for this information now all i got to do is go to the dealership and convince them to cancell this contract today

12 days and 7 hours ago.

Reply

Still wont let out of contract claim they are going to hold new bike untill spring and to wait for me to pick up in the spring i told them i dont not have the down payment without used bike and the othr still dose not want to release the bike

Posted by D. WINOGO ESQ. 12 days and 4 hours ago.

Info Request

Well, if you were the person who had part ownership in the used bike and you never agreed to the other owner using it as a trade-in, then you are not liable and can sue to recover the used bike and are not bound by the contract for the new bike. However, if you were the one that signed the contract for the new bike, then you yourself as an individual will be responsible for the contract, even if you cannot produce the used bike.

12 days and 4 hours ago.

Reply

I still have the used bike never turned it in they want me to sign one of the checks so they could void it and they called it buying back the old bike and paying for the sales tax myself this is changing the status of the contract the contract was written with the trade in there i did not sign anything

Posted by D. WINOGO ESQ. 12 days and 3 hours ago.

Info Request

I understand, but you agreed to the contract using the old bike as a trade-in, so you are responsible for the contract, even though you should not have agreed to turn the bike in because the other owner never agreed.

12 days and 3 hours ago.

Reply

but you said back a few answers that the contract was void if both parties did not agree to release the bike i have no legal right to trade it in

Posted by D. WINOGO ESQ. 12 days and 3 hours ago.

Info Request

That is correct although at the time I was under the impression that you were either the seller or the owner who didn't agree to selling the bike. The seller and the owner who didn't agree to sell the old bike would not be bound by the contract.

12 days and 2 hours ago.

Reply

yes i am the one that signed the contract but what would they do if i never went and pick up the bike at the dealership or registered it what would the finicance company do they need to have a title to hold on to as a lein holder

Posted by D. WINOGO ESQ. 12 days and 2 hours ago.

Info Request

They can sue you for breach of contract.

12 days and 2 hours ago.

Reply

what dose that cost

Posted by D. WINOGO ESQ. 12 days and 2 hours ago.

Info Request

What does what cost?

11 days and 11 hours ago.

Reply

Breach of contract part of the loan or the hole amount is it worth it for the amount to take me to court when they have so many chances to sell this motorcycle to somebody else

Posted by D. WINOGO ESQ. 11 days and 7 hours ago.

Answer

If they sue you for breach of contract, they can recover the difference between what they sold the new bike for and the price that you originally agreed to pay, as well as interest (for example if they sell the bike in 6 months, that means that theycould have had the money from you in their bank collecting interest for 6 months) and any other out of pocket expenses incurred as a result of your breach (for example, placing new advertisements to sell the bike again).

 

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