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When is a new car sale "final"

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scott3838

Junior Member
My friend signed a purchase agreement and wrote a $300 down payment check to lease a new car, but she never drove the car off the lot. The salesman had even told her that the sale would not be final until she "takes delivery" and was super anxious to get her to drive off, was going to follow her home in her old car etc. She had planned to come back the next day to pick up the car but later checked another dealer and found out that she was being overcharged about $2k for the car and changed her mind.

She called the original sales person and told them she no longer wanted the car, and to please tear up the check, contract etc. He said he was going to "check with his manager" and call her back, but that never happened. She called back and left another message to confirm that she did not want the car. About 10 hours later (at 1030 PM, no less) the salesman calls back and leaves a message that he spoke with his manager and since she signed the papers, she now owns the car.

What is the story?...Trying to find out if the sale is final and/or whether I need an attorney to "make a phone call".What is the name of your state (only U.S. law)?
 


JETX

Senior Member
About 10 hours later (at 1030 PM, no less) the salesman calls back and leaves a message that he spoke with his manager and since she signed the papers, she now owns the car.
First, US LAW ONLY!!!
Second, if this were in a US state... her 'ownership' of the vehicle started the second she signed the papers.
 

scott3838

Junior Member
....could it be considered misrepresentation in the fact that she was told the sale was not final until she drove the car off the lot?...and in her first call to cancel the sale they acknowledged this fact?
 

JETX

Senior Member
....could it be considered misrepresentation in the fact that she was told the sale was not final until she drove the car off the lot?...and in her first call to cancel the sale they acknowledged this fact?
Since you didn't take the first HINT.... US LAW ONLY!!!
 

jennbry

Junior Member
....could it be considered misrepresentation in the fact that she was told the sale was not final until she drove the car off the lot?...and in her first call to cancel the sale they acknowledged this fact?
Not sure what they are talking about with their suggestions, check with your states Attorney General's office and legislative information. They will be able to tell you the laws, since no one hear actually can state them.
 

justalayman

Senior Member
Not sure what they are talking about with their suggestions, check with your states Attorney General's office and legislative information. They will be able to tell you the laws, since no one hear actually can state them.
the point is: when you post a thread, you are asked to provide the state involved. That is asked because it is generally an important fact to know if a person wants anything close to a dependable answer.

Since the OP refused to post the state, both initially and after a subsequent but strong hint, most of the folks that post here figure the OP really doesn't want an answer so that is what they get.
 

jennbry

Junior Member
the point is: when you post a thread, you are asked to provide the state involved. That is asked because it is generally an important fact to know if a person wants anything close to a dependable answer.

Since the OP refused to post the state, both initially and after a subsequent but strong hint, most of the folks that post here figure the OP really doesn't want an answer so that is what they get.
Not sure what an OP is, and possibly they didn't understand the hint, maybe a straight forward question would be the best way to ask.
 

justalayman

Senior Member
Not sure what an OP is, and possibly they didn't understand the hint, maybe a straight forward question would be the best way to ask.
OP is original poster and I think this:

First, US LAW ONLY!!!
Second, if this were in a US state..
is more than clear.


and if you will read, OP simply refused to answer this question that is posted in the box the OP writes their first post within:

What is the name of your state (only U.S. law)?
Do you think they really needed a more explicit hint than having the question:

What is the name of your state?
posted right in front of them when they start a thread is somehow not clear or straight foward?

How about we make you the official hand holder to nicely prod all those that fail to follow a few simple directions so they can get an answer that means something?
 

tranquility

Senior Member
The OP titled his thread:
When is a new car sale "final"
and said:
My friend signed a purchase agreement and wrote a $300 down payment check to lease a new car, but she never drove the car off the lot. The salesman had even told her that the sale would not be final until she "takes delivery" and was super anxious to get her to drive off, was going to follow her home in her old car etc. She had planned to come back the next day to pick up the car but later checked another dealer and found out that she was being overcharged about $2k for the car and changed her mind.
Which to my highly-trained eye seems to focus on driving off the lot as some talisman of contract. To which I wrote:
The fact of taking the car off the lot is irrelevant as to if there is a contract in this instance.
Of course, while the black letter law of contract would hold there *is* a contract, some states have a consumer protection "cool down" period on sales and the contract can be disaffirmed.

The state is important to the actual question probably being asked, but to the question that was asked, I answered it completely, accurately and without obfuscation.

As I write, the post I was responding to disappeared. Looks like someone came to their senses or was declared naughty.
 
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