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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6391
Experience:  20 years of proefessional experience
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My son purchased a use car on 11/17 and now they are saying

Customer Question

my son purchased a use car on 11/17 and now they are saying we need to bring the car back they cant find anyone to finance the loan there contract states they have 10 days to send a letter to return the car if they cant find financing what do i do
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Answer will follow in the pane below as per above parameters….

1. Can you upload a copy of the contract for us to view?

2. Does it say 10 business days or just 10 days?

3. What is the post marked date on the envelope in which you received such a letter?

Customer: replied 1 year ago.
contract says10 days i have no way to down load the contract its from Ford we have not received a letter but they said on the phone they want the car back the contract is dated 11/17
Expert:  Maverick replied 1 year ago.

Does it say what the consequence is for not informing you in 10 days?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Section of contract:Sellers Right To Cancel
seller shall give you written notice within 10 days of the date of the contract if seller elects to cancel the contract
Expert:  Maverick replied 1 year ago.

Okay, so here is what the upshot would then. Normally when there is no financing available the dealer would be entitled to get the car back from you under a theory of unjust enrichment even if the dealer missed the 10 day notice period. The elements of an unjust enrichment claim are (1) a benefit conferred upon a defendant [you] by the plaintiff [dealer], (2) the defendant’s appreciation of the benefit, and (3) the defendant’s acceptance and retention of the benefit under circumstances that make it inequitable for the defendant to retain it without paying the value of the benefit.

So you can either return the car or try to obtain financing on your own. Also, if they want a rescission they need to give you all of your money back and you give them the car back. They should not benefit from the fact that they could not find financing for you.

If the dealer themselves could have financed you but chose not to with in the 10 day window, then they may be in breach of the contract and you may be forced to have then finance the car. But you will need to read the contract very carefully to see if this right exists.

Customer: replied 1 year ago.
thank you
Expert:  Maverick replied 1 year ago.

your welcome...