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Buyer buys car, pays cash then files for rescission, no

Customer Question
Buyer buys car, pays...

Buyer buys car, pays cash then files for rescission, no title was exchanged however buyer made repairs on car. Title subsequently exchanged. Can buyer resend contract. Trial today

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Oklahoma

Lawyer's Assistant: What steps have been taken so far?

Case set for trial today. Just learned of repairs made. I think post petition

Submitted: 1 month ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
3/20/2018
Consumer Protection Lawyer: Infolawyer, Lawyer replied 1 month ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 60,911
Experience: Licensed attorney helping individuals and businesses.
Verified

Hello and welcome. I am working on your answer and will be right back!

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Consumer Protection Lawyer: Infolawyer, Lawyer replied 1 month ago

Yes, it can be resent given the conduct to date, but would require consent and agreement of the parties.

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Customer reply replied 1 month ago
Contact can be rescinded after repair? Did repair have to be agreed to? Please send research support. Case law or Statute.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 1 month ago

I will open this to colleagues as I cannot perform research services at this time.

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Customer reply replied 1 month ago
If you can't call please type answer. I paid for service.
Consumer Protection Lawyer: Barrister, Lawyer replied 1 month ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 41,090
Experience: Attorney,17 years experience in consumer protection areas
Verified

Hello, different expert here.. I am not sure what the other expert was referring to, but once a contract has been entered into, it can't be rescinded by either party unilaterally.

.

The sale here was binding once the money changed hands. It is then up to the seller to provide the title to the buyer so the legal transfer of the vehicle can occur. The fact that the buyer did repairs to the vehicle will indicate to a judge that they intended on keeping the vehicle because there is no logical reason you would do repairs on a vehicle you didn't intend to keep.

.

If there was no written warranty given, then the sale would have been "as is" and the buyer took the vehicle as it sat, problems and all. It would have been up to the buyer to thoroughly inspect it prior to purchasing to make sure it was mechanically sound.

.

So I would opine that no, the buyer can't rescind the contract once they have paid for it and then proceeded to do repairs on it unless the seller gave them some type of written "right to cancel" within a certain time period.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
The issue is: since there was no title exchanged until after suit what are his damages other than rescission.
Customer reply replied 1 month ago
what is his remedy.
Consumer Protection Lawyer: Barrister, Lawyer replied 1 month ago

Why did he file suit??...to get the title to the vehicle?

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Customer reply replied 1 month ago
Asked for rescission and count II fraud. Can't prove fraud. cant make the elements, no problem there.
Customer reply replied 1 month ago
We have delivered title.
Consumer Protection Lawyer: Barrister, Lawyer replied 1 month ago

Ok, so he asked for rescission and claimed fraud... Is he claiming that the seller didn't have the title or the right to sell the vehicle?

.

The point is that if he sued to get the title, then seller gave the title, that ends things, and the buyer's only damages would be the cost of having to file the suit to get the seller to deliver the title..

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Consumer Protection Lawyer: Troy Gorman,
 replied 1 month ago
Troy Gorman
Category: Consumer Protection Law
Satisfied Customers: 8
Experience: Attorney at Gorman Law Group, P.C.
Verified
Phone call session started
Consumer Protection Lawyer: Troy Gorman,
 replied 1 month ago

Generally speaking, after the Buyer purchases the vehicle (pays the purchase price and accepts the vehicle), they are bound by the contract. However, rescission is a legal remedy that will allow the cancellation of a contract under certain circumstances, such as fraud. I have not read any information about fraud in your question, but is that the allegation that is being made?

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Consumer Protection Lawyer: Troy Gorman,
 replied 1 month ago

I attempted to call you, but you did not answer and your voicemail was full. I see that another attorney was working with you, so hopefully you were able to get your answer from him or her. Good luck.

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Troy Gorman
Troy Gorman
Category: Consumer Protection Law
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