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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I just a car 31/2 days ago and have decided I want to change

Customer Question

I just a car 31/2 days ago and have decided I want to change my mind. The dealer just called me and said, they made mistakes on the paper work and want us to come in and resign. Can we switch back? Is so, without penalty?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you mean you changed your mind? As in, you do not want the vehicle any longer?

Customer: replied 1 year ago.
That is correct. I would like to give this vehicle back in return for mine.
Customer: replied 1 year ago.
They called me today and said the paper work is not right. So they want me to come in and sign new papers
Customer: replied 1 year ago.
Can I refuse to sign new papers and swap vehicles?
Expert:  Ely replied 1 year ago.

Thank you. Apologies, I was offline when you had responded.

Expert:  Ely replied 1 year ago.

Please allow me a second to type out my answer.

Customer: replied 1 year ago.
No call, thank you..!
Expert:  Ely replied 1 year ago.

1) There is no right to give back the vehicle. There is no window of recession of contract for such a contract transaction in Florida.

2) As such, it is binding, both on you as well as the dealer.

3) Unless the dealer made a mistake that was obvious, then they are bound by the contract just like the buyer is. I am going to assume that the mistake was not obvious. As such, then the contract is binding unto the both of you.

4) In this situation then, both of you are "bound." As such, someone in your situation cannot give the vehicle back. But also, the lender cannot make the seller change the contract. As such, you have no right give the car back. However, one can ask if the seller would be willing to simply void the whole sale since they are unhappy about the contract. The seller may be willing to then void the contract instead of being in a contract that they want to be in (or, amend it, etc, whatever the two of you agree on).

So in sum, you cannot cancel the contract, but the lender cannot amend it either without your permission. So perhaps the two parties can come to an agreement.

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