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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29803
Experience:  Lawyer
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Can I return an vehicle I purchase within two day of a sale,

Customer Question

can I return an vehicle I purchase within two day of a sale, were as the dealership fail to expose hidden fees.
Submitted: 2 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
What types of fees are you looking at? Are they listed in the contract?
Customer: replied 2 years ago.
The fee for their warranty of $3750.00, for bump to bump coverage (7years to 100,000 miles) which ever comes first , I was not aware of, some how they (Nissan) rep, attained my signiture without allowing me to see the breakdown of the contract. In my past experience the sales rep would go over the entire contract with the customer.Going home without the contract, not in the package given to me, i called the dealership the very next day to have it fax to, it was only then i was mde aware of the charges and the total amount of the purchase.
Expert:  Lucy, Esq. replied 2 years ago.
I'm sorry to hear that this happened.
Legally, the sales representative doesn't have any obligation to go over the entire contract. It's up to the buyer to read through it BEFORE signing - or to walk away if they won't let you. The dealership doesn't want people to leave without buying cars. If someone insists on reading the contract, they let them. The reason I mention this is that the contract is binding if you signed it. Not reading it, I'm sorry to say, isn't an excuse. The law says that a person who puts a binding signature on a piece of paper read, understood, and agreed to it - you're not allowed to introduce evidence otherwise.
Read the warrant thoroughly to see if there is any right to cancel it in that document. There could be, if you call and do it right away. If not, talk to a manager at the dealership. It's possible that they will be willing to cancel the warranty as a customer courtesy. They make a lot of money from word of mouth and referrals, so they prefer to have satisfied customers than people telling all their friends and family how they wound up with a warranty they didn't want.
Presenting you with warranty papers and not explaining them unfortunately has no effect on the rest of the contract. There is no legal right to cancel the sale and get a refund. But see what a manager will do for you if you talk to them.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Customer: replied 2 years ago.
First of all, they had me sign this contract under false pretenses, simply by siigning different documents not appear to be the actual contract! let me explain the first time i had seen the contract with my signiture on it was when the Finance Manager fax to me. I am not under any circumstances excusing my obligation to read the contract before signing. Every document I sign was not appearing as the contract. I understand you not being present at this event, it is hard to understand why a reputable company would practice such an under handed maneuver.
Expert:  Lucy, Esq. replied 2 years ago.
I'm sorry, but unless they actually forged your signature on the contract, it is binding. Your best option is to talk to someone at the dealership with the authority to help you out. The law is not on your side here.
Whatever they handed you that you signed, IS the contract. Period. That's the law. Nothing you talked about before signing matters at all if it's not in the written agreement. If you sued them, you can't even TELL the judge that you agreed to something different - it's legally inadmissible.
I promise, if there were a legal option available to you, it's in my best interests to tell you what it were. But it doesn't help either of us if I tell you that you have a law suit when you don't.