2 day Contract Cancellation

[Loser#1]

What is the name of your state (only U.S. law)? TN

My husband wasn't offered a 2 day Contract Cancellation Option Agreement. He immediately (on the way home) had problems with the used truck he bought. He returned to the dealer, but they were closed.

I found this: Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two–day Contract Cancellation Option Agreement.

Does this apply in Tennessee? What should we do now?

 

[quincy]

What is the name of your state (only U.S. law)? TN

My husband wasn't offered a 2 day Contract Cancellation Option Agreement. He immediately (on the way home) had problems with the used truck he bought. He returned to the dealer, but they were closed.

I found this: Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two–day Contract Cancellation Option Agreement.

Does this apply in Tennessee? What should we do now?

Thank you for starting your own thread, Loser#1.

Do you have the contract before you now? Does it have a "right to cancel" clause written into the contract?

Is there a warranty on the car?

You can visit the following Tennessee Division of Consumer Affairs site to see exactly what the "Cooling Off" period covers and what it does not: http://news.tn.gov/node/4556

 

[swalsh411]

What you are referring to is the law in California. I am aware of no such requirement in TN.

 

[quincy]

What you are referring to is the law in California. I am aware of no such requirement in TN.

Like swalsh411, I cannot find a requirement in Tennessee that is similar to California's Contract Cancellation Agreement. And Tennessee's Lemon Law (http://tn.gov/consumer/lemon.shtml) does not apply to used cars.

However, there may be options available to you, if your husband purchased a used lemon. You really haven't described what is wrong with the truck - and this could make a difference.

First, I suggest you read over carefully the contract that was signed and its terms. There is a possibility the contract terms will spell out your recourse in the form of a "sales cancellation" clause.

If not, then your husband can return to the dealership to see if they are willing to look at the truck, make an exchange, cancel the sale or negotiate an agreement that is satisfactory to all.

Prior to returning to the dealership, you or your husband might want to look at the FTC's Used Car Rule, to see if the dealership adhered to its conditions (http://www.business.ftc.gov/documents/bus13-dealers-guide-used-car-rule). If not, this puts your husband in a better position to negotiate.

Good luck.

 

[Loser#1]

Many thanks to all. Looking at the FTC's Used Car Rule now. Wish us luck tomorrow morning.

 

[sandyclaus]

Many thanks to all. Looking at the FTC's Used Car Rule now. Wish us luck tomorrow morning.

Unless your husband was offered a specific warranty or guarantee of fitness, IN WRITING, I fear that you're going to find that it was an AS-IS sale, and that it cannot be rescinded.

Did he happen to get the truck inspected by his own private mechanic prior to finalizing the purchase? If not, then he will be pretty much out of luck and stuck with the vehicle.

 

[quincy]

Unless your husband was offered a specific warranty or guarantee of fitness, IN WRITING, I fear that you're going to find that it was an AS-IS sale, and that it cannot be rescinded.

Did he happen to get the truck inspected by his own private mechanic prior to finalizing the purchase? If not, then he will be pretty much out of luck and stuck with the vehicle.

I agree that having the sale rescinded is a long shot. But it is a shot.

Good luck, tomorrow, Loser#1.

 

[mmmagique]

I agree that having the sale rescinded is a long shot. But it is a shot.

Good luck, tomorrow, Loser#1.

You just like saying the OP's handle, don't you?

The first time you said it, I thought it wasn't like you to call someone names, but then I realized you were just repeating the person's handle. (and enjoying it a bit too much, imo...) *lol*