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On March 11, 2018 I visited Honda World of Westminster

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On March 11, 2018...

On March 11, 2018 I visited Honda World of Westminster because I wanted to purchase a honda civic 2012. We made a contract and I deposited 1,200 dollars. I picked up the vehicle on March 15 and decided to pay cash. A week later I received a notice of election to rescind dated March 11,2018. On March 19 they cashed the check. It does not make sense to me and I am confused. Can you help clarify. For how many days is the notice good for?

Lawyer's Assistant: What state are you in? And is a local attorney or other consumer protection advocate helping with this?

CA. No

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

I just received the letter today, apparently the courier was trying to reach me for the last week.

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

The car was priced at 11,595 but they said the car was not ready for sale and if we paid 1,200 more to purchase the car that they would sell it to us. It was such a circus.

Submitted: 4 months ago.Category: Consumer Protection Law
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Answered in 11 minutes by:
3/21/2018
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,472
Experience: Licensed to practice before state and federal court
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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. Typically, if they rescind, in writing, it's over, they've rescinded or unwound the deal. It could be because they couldn't find any financing for you at all or they have otherwise denied your application for some other reasons.

California law requires that they return your deposit money so be sure to get that back.

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

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Customer reply replied 4 months ago
Please review the details of the question, I did not finance I paid cash. Please also note the date of pick up and when the check was cashed. On March 11, 2018 I visited Honda World of Westminster because I wanted to purchase a honda civic 2012. We made a contract and I deposited 1,200 dollars. I picked up the vehicle on March 15 and decided to pay cash. A week later I received a notice of election to rescind dated March 11,2018. On March 19 the dealer cashed the check
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Interesting. That is highly unusual and thank you for clarifying. You're not required to return the car if you paid cash and they delivered the vehicle.

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. This applies even when there was no written agreement, but just an oral agreement between the parties. 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. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Do I simply forget about the letter?
From your response am I now entitled to be returned to the same position I was in before the breach. (what exactly does that mean?) and therefore Do I now advise them of a breach of contract.
Also, Why do you say that the only other option is to either go through an informal mediation or file a lawsuit in your local court?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

I think it's important to call them and ask them why, after you've paid for the vehicle, they are looking to get it back. It's probable that this was just a mistake and they intended it for another person. You could tell them that their demand for the car is a breach of contract considering you agreed to take the car in exchange for cash and thus if they pursued this, you could sue them for breach. The best ways to handle this are informally, through mediation, or finally the courts, but with a phone call or a visit, you can probably get the matter cleared.

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

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Customer reply replied 4 months ago
Does the letter to rescind have a time sensitive limitation?
If the case is that the dealer did make a mistake, should I require/need them to write a letter indicating it was a mistake and to disregard?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 4 months ago

Usually it's about 10 calendar days that they have to rescind. If the dealer made a mistake, I think having them write a letter is a very wise idea because if they screw up again or send you to collections or repossess the car, then you can use that as proof.

Did you have any other questions for me today?

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