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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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Purchased a used auto on New Years day. Gave a deposit but

Customer Question

Purchased a used auto on New Years day. Gave a deposit but did not sign a contract. I live in Arizona. Did I have a three day right to recind?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The law unfortunately does not provide for an automatic three day right to rescind an agreement. An oral agreement to purchase a car is binding where you accepted the car or gave a partial payment. See Ariz. Rev. Stat., Section 44-101 (explaining which contracts must be in writing). And that means you do not have a legal right to cancel the sale unless he refuses to provide the vehicle/title or you are able to prove he committed some misrepresentation or fraud in getting you to agree to the sale, such as rolling back the odometer or taking action to conceal a condition with the vehicle you otherwise would have noticed.

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 1 year ago.
I'm thinking about your r esponse.
Expert:  Lucy, Esq. replied 1 year ago.

Ok. I'm going to be stepping away for a bit, but if you have any questions, I'm happy to answer them when I return.

Customer: replied 1 year ago.
I wanted to review the law you cited, but wasn't able to connect on given link. Also i don't beleive several statements he made about the-the deal when it was being considerd by me. I had no way to confirm at the time. I also beleive he made a couple of racist and bigoted remarks, but chose to ignore at the time (a side issue)At this time I'm not sure I want to pursue seems now only a personal prideissue.
Customer: replied 1 year ago.
I have to get some air. I'll check for any response you care to make.
Customer: replied 1 year ago.
Google Chrome could not load the webpage because took too long to respond. The website may be down, or you may be experiencing issues with your Internet connection.
Expert:  Lucy, Esq. replied 1 year ago.

Unfortunately, the time to take action against him for making bigoted or racist remarks was before you bought the car. You have a right as a consumer to choose not to give someone your business if they behave inappropriately. That doesn't give you any cause of action against the seller, since the First Amendment allows him to say anything he wants. However, if you purchased from a dealer, you may want to let the owner know.

The burden is generally on the buyer of a used vehicle to have the vehicle checked out before making a purchase. If you can prove that he made false, material statements of fact in order to get the sale, that may be enough to sue.

I'm not sure what's wrong with the Arizona legislature's website, but the same law can be found here. It's just a list of which contracts must be n writing, to show that your oral agreement is valid.