Can I control a car dealer unwinding a sale? (California)

[Donald_S]

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

I am negotiating with a dealer to purchase a new car they do not yet have in their possession. He is insisting that I sign a purchase contract and loan docs before they receive the car (this car is super rare, it's a one off chance). However, I have not done a test drive of the car, since the model is not yet for sale anywhere. He has assured me that if after doing a test drive once they get the car, if I am not happy, they will cancel the sale (which I believe is called an unwind). My question, can I actually control this? Do *I* have a legal right to an unwind of the transaction if I do not sign a form taking delivery? Or does the dealer have the right to say "too bad, it's your car", and the unwind would only be at their pleasure?

If you know the law or you can link me to something that will give me an explanation of my rights here, I would really appreciate it.

Thank you so much!

Donald

 

[adjusterjack]

This is simple. There are no laws protecting you from car dealers.

Here is your "right":

Demand that he put it in the contract that you can cancel the contract with no penalty if you don't like the car when it arrives.

Then read the contract very, very carefully before you sign it and hand over any money. And even then, put down as little as possible.

This unwind business is BS unless you have it clearly stated in your contract. If he won't put it in the contract, walk away.

Don't believe anything a car dealer tells you. If he tells you what time it is, check your watch to be sure of the time and that he hasn't stolen your watch.

 

[Donald_S]

adjuster, I appreciate the response. I realize that a car salesman's assurances aren't worth much. However that doesn't help me with the law per se. I have read conflicting things about if you don't take delivery the sale isn't complete, others say, yeah you're stuck. I'm hoping to get some advice from either an attorney, paralegal, or someone else who has specific knowledge like someone who works at a car dealer, or maybe the DMV.

Thanks again to all.

Donald

 

[HRZ]

You are stuck to the terms of the written contract ..and if you were orally promised bright yellow and the car comes in as dark mustard you still may be stuck. And if the seating is a lot smaller than you thought and it steers like 1919 farm tractor you may be stuck too.
.

And if the deal merely anticipates 30 day delivery and the super unique car disappears to a higher bidder or gets repromised for 180 days out...you may lack leverage to get specific performance.

IF you want an unwrap option it better be in writing I n the deal..and ideally , worded by your attorney and not the dealer.

I get real nervous about cars I cannot check out first ...but am into antique cars ...

 

[adjusterjack]

adjuster, I appreciate the response. I realize that a car salesman's assurances aren't worth much. However that doesn't help me with the law per se. I have read conflicting things about if you don't take delivery the sale isn't complete, others say, yeah you're stuck. I'm hoping to get some advice from either an attorney, paralegal, or someone else who has specific knowledge like someone who works at a car dealer, or maybe the DMV.

If you want an attorney's opinion, hire an attorney.

If you want to rely on the opinions of "others" (including us) and not get it put in the contract then you are welcome to suffer the consequences (great or small) when you try to give the vehicle back if you don't like it.

Use a little common sense and get it put in the contract. Nothing else matters. You've been warned.