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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118175
Experience:  Attorney experienced in commercial litigation.
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I purchased a RV from a dealer at the expo center and signed

Customer Question

I purchased a RV from a dealer at the expo center and signed a no cooling off period form. I haven't picked up the RV yet. Can I get out of the contract? When I checked online I found I was paying way too much for the used RV?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The Oregon courts hold that the purpose of written contracts is to bind parties to agreements that they have made with others. If you signed a document waiving your right to the 3 day right to rescission for a sale made off of the dealer's premises, then the courts can hold you bound to the document that you signed agreeing to.
However, in most of these cases the dealers will not sue in court for these breaches, but if a customer put up a deposit they could indeed keep that deposit based on the customer breaching the contract.
You need to call them and negotiate with them to cancel the sale or renegotiate price and if you have not put down a deposit, most times if you simply refuse to complete the transaction they will not sue you, despite all of their threats they may use to the contrary.
Customer: replied 2 years ago.
They refused to let me out of the contract. I now have the Motorcoach at home hgaving traded in my old one. I still want out of the contract. I retire next year and this would be a financial hardship. They now have $15000 + my old MH?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
While you may want out of the contract, the law states the purpose of using written contracts is to bind people to contracts they sign, if not a contract would be worthless.
Thus, if the dealer has not violated the contract, I am afraid that if they choose to do so, the dealer has a right to enforce this contract against you and can demand specific performance. I am sorry to say that once you signed the waiver of the 3 day right to rescind, you became bound under Oregon law to the deal.
The only other recourse you could potentially have is using a local attorney to continue to try to negotiate, but the bot***** *****ne legally speaking is if the dealer goes to court with this and the dealer has not breached their contract with you, then you would be bound to that contract.
The Oregon Court holds such waivers of the right of rescission are binding. See: Mortgage Mint Corp. v. Morgan, 76 Or.App. 174, 708 P.2d 1177 (Or. App., 1985). Unless you can prove you were mentally incompetent at the time or that the dealer committed some fraud in the transaction, I am afraid you are legally bound.