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Lawgirl, Lawyer
Category: Legal
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I purchased a used car from a dealership in MA. However the ...

Resolved Question:

I purchased a used car from a dealership in MA. However the car I traded in was registered in my wifes name. They had me sighn a gift form and I sighned my name, but they didn,t have a signiture from my wife. they were able to register the new car in my name, and I sind the sales contract and was financed. I took the new car home and my wife hit the ceiling. I called the dealership to cancel the car and return it but they said I could not since the car had been registered. I purched the car on wednesday. any recourse.
Submitted: 9 years ago.
Category: Legal
Expert:  Lawgirl replied 9 years ago.

Dear Mr. Suydan:

Thank you for your question.

In your state, there is no automatic cooling off period for canceling a motor vehicle purchase agreement. So, unless the dealer has a cooling off policy -- a period of time that you can cancel the contract, which should be specified in the contract -- you can't just decide to take the car back. It seems like the dealer fulfilled all the terms of the contract and you did also.

However, the execution of the gift form is a problem. Both you and the dealership entered into an agreement that required your wife's consent and signature. In all actuality, your wife has the recourse because the car was in her name and she did not sign the gift form.

Your wife could probably contact the dealership to void the contract because the car was in her name and she did not sign the gift form. Without her signature on the form, they could not accept her car because it was not an effective gift to you. Therefore, they did not have the proof that you owned the car and without ownership of the car, you could not give the car away.

Please let me know if you have any other questions. Otherwise please hit "ACCEPT" so I may receive credit for my response. Tips and feedback are appreciated.

Good Luck!


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