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My name is, I have a question in regards of a used car

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Good morning my name...

Good morning my name is ***** ***** have a question in regards ***** ***** used car purchase in Los Angeles CA my dad help me purchase a used car on November 24, 2017. He sign the contract, we put $2000 down and interest of 6.99, there were a couple things the dealer need to fix on the car so I called the next Monday to take it and get it fix. When I called they said the person who takes care of fixing those things is on vacation coming back until next Monday. So I said well is okay next Monday it is. But later that day the sales guy call me and tells me if my dad can stop by because they forgot to get a document sign, so I told him to email or fax to me that I was going to get it sign. He never told me exactly what it was missing to sign so he said my boss said is better if he comes here to sign, so I told him I was working very busy and my dad can't go alone since I need it to know what he was going to sign. Days pass and I wasn't able to go very busy, but I assumed the document wasn't that important since they forgot to get it signed. Finally on December 5th, I text the sells guy and told him I was going to get the paper and take it to my dad because he was sick and unable to go out. So I stopped by on December , 2017 and for my surprise was that there was no forgotten document to sign but a new contract with new interest rate higher, no gap insurance and a higher monthly payment. I told them why they lied but they said the financial made the change on the interest rate and he said that the contract said seller can cancel the contract. Now my question is since they never send me anything by mail saying anything about new contract, and when I got the phone call they were not clear about what document was missing a signature I had not clue I thought was just any document, I found out about signing a new contract and they were cancelling the original contract at the 11 day after original was sign, aren't they supposed to inform about cancellation in writing within or before the 10 day. Would you please help me, are they breaching the contract? Or are they still entitled to cancel after the 10 day.

Lawyer's Assistant: What state is this in? And how old is the car?

California Mazda 2016

Lawyer's Assistant: Have you contacted the manufacturer?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's all

Submitted: 7 months ago.Category: Consumer Protection Law
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Answered in 1 minute by:
12/8/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
thank you
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

So, I just want to clarify a few things. The seller had a clause that allowed them to cancel the contract, correct? If so, under what circumstances were they able to cancel the contract?

Also, did you actually sign any new agreement?

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Customer reply replied 7 months ago
there is a clause about seller can cancel within the first 10 days, but they were disregarding and cancelling the original contract because they were changing the interest rate, taking out the gap insurance and my monthly payments were going up. So they give me an offer dated December 5, but I have not signed and I don't agree to it, so I want to know if I have an option to keep the original contract if not then I will return the car and get my deposit back.
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. So, generally, in California, dealers can cancel a contract within 10 days, but they must provide you something in writing before they are able to do that. This is called "spot delivery" and it is legal, unfortunately. However, the law does require that they return all of your down payment and the return of your trade in if you had one as well. They also can't charge you for the use of the car. You could always decide to pay for the higher payment, but you aren't required to do so at all. If the 10 day period is over, and they haven't given you written notification, then that clause doesn't apply.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
basically they passed the 10 days correct? Original purchase day was November 24th and I find out until December 5th. If so can I still keep the car with the original contract?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Correct. If they try to take the vehicle back, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started

Did you have any other questions for me?

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Customer reply replied 7 months ago
No thank you
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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