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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 56819
Experience:  Licensed attorney helping individuals and businesses.
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I bought a used car two weeks ago. 4 days after signing the

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I bought a used car two weeks ago. 4 days after signing the contract I was told to come down to sign a new contract at a higher interest rate. I said no and was sent a rescind notice from the dealership, twice. I've been making arrangements to return the car and now all the sudden they've changed their minds because the bank will finance the lower rate. Do I have to keep the car?

INFOLAWYER :

Hello and thank you for the question.

INFOLAWYER :

You have the choice here to accept the deal or return the car

INFOLAWYER :

You rightly rescinded in writing

INFOLAWYER :

They may not change rates on you and demand you accept it

INFOLAWYER :

they also may not now revert back to the contract you rescinded

INFOLAWYER :

botXXXXX XXXXXne, you have the option of proceeding to return or negotiating terms again to your liking

INFOLAWYER :

given their misconduct, they should offer you better rates and price than initially offered

Customer: They rescinded not me. And are now trying to make me keep the car.
Customer: ok, should I bring anything with me when retuning the car?
INFOLAWYER :

Return it

INFOLAWYER :

reference the rescission

INFOLAWYER :

as rescinded there is no contract

INFOLAWYER :

regardless of who rescinded

INFOLAWYER :

and as such no obligation to retain the vehicle

INFOLAWYER :

You need not say anything else

INFOLAWYER :

simply return it

INFOLAWYER :

Please let me know if the answer is clear.

Customer: If they don't return my down payment immediately I can sue?
INFOLAWYER :

Correct

INFOLAWYER :

You may also lodge and threaten a complaint with the BBB and department of consumer affairs

INFOLAWYER :

if you paid them by credit card you may block and contest the charge with the card company too

INFOLAWYER :

that is called a chargeback

Customer: Oh, that's good to know about the chargeback but it was cash. And, any other attempts by me to negotiate a lower price doesn't change the fact that they rescinded, correct?
INFOLAWYER :

Precisely

INFOLAWYER :

You are free to do that

INFOLAWYER :

I wish you the best

INFOLAWYER :

ask that you click on an excellent rating for the answer

INFOLAWYER :

If I can clarify anything else of course ask me

INFOLAWYER :

are you there?

INFOLAWYER :

is the answer clear?

Customer: It's just that simple? Really?
INFOLAWYER :

I make it that simple

INFOLAWYER :

Rescission voids the contract

INFOLAWYER :

dealer here made a bad move

INFOLAWYER :

and now you are in the driver's seat

INFOLAWYER :

if dealer persists, you may need to sue

INFOLAWYER :

for your deposit

Customer: So I'm a dumbass for paying 54 bucks, correct? Lol
Customer: Thanks
INFOLAWYER :

The answer is not simple

INFOLAWYER :

i explain things in a way that makes it very simple

INFOLAWYER :

I could use legalese instead

INFOLAWYER :

but where there is rescission, buyer has no duty to pay and buyer has right to pursue contract damages where deposit wrongly retained

INFOLAWYER :

You are very welcome

INFOLAWYER :

Kindly click on a positive rating for the answer

INFOLAWYER :

that is how I get credit for it by the site

INFOLAWYER :

have a great weekend

Customer: You too
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