Can I get my money back for an car add-on that has not been installed?

[ps101]

I live in California. I just bought a new car with a tracking device as add on. I brought the car home already and have not had the device installed yet. I realize I do not need the tracking device anymore but the dealership refuses to give my money back saying its nonrefundable per contract and that they already submitted the paperwork for the car to the DMV. Is it legal for them to keep my money for the add-on tracking device when they have not yet installed it? The contract mentions about the no cooling-off period for vehicle sale in California but is the tracking device considered part of it when it has not been installed?

Your advices are much appreciated!

 

[quincy]

I live in California. I just bought a new car with a tracking device as add on. I brought the car home already and have not had the device installed yet. I realize I do not need the tracking device anymore but the dealership refuses to give my money back saying its nonrefundable per contract and that they already submitted the paperwork for the car to the DMV. Is it legal for them to keep my money for the add-on tracking device when they have not yet installed it? The contract mentions about the no cooling-off period for vehicle sale in California but is the tracking device considered part of it when it has not been installed?

Your advices are much appreciated!

It appears you bought yourself a tracking device.

You can try to sell it to recover your cost.

Good luck.

 

[Just Blue]

I live in California.

advices !

No such word.

 

[quincy]

No such word.

It is used a lot on this forum. "Advice" and "advise" are also commonly confused words.

If we can understand what a poster means, however, I think that is probably good enough.

 

[ps101]

It appears you bought yourself a tracking device.

You can try to sell it to recover your cost.

Good luck.

I actually have not received the device yet. No service has been provided for it except for that it was included on the car sales contract under "optional" and I have paid for it. They told me to come back another day to get it installed but I do not want it anymore.

 

[HRZ]

At best you might get them to install it on a vehicle of your choice ....you bought it !

 

[quincy]

I actually have not received the device yet. No service has been provided for it except for that it was included on the car sales contract under "optional" and I have paid for it. They told me to come back another day to get it installed but I do not want it anymore.

Once you get the device you purchased, you can try to sell it to recover your costs.

Good luck.

 

[Mass_Shyster]

I live in California. I just bought a new car with a tracking device as add on. I brought the car home already and have not had the device installed yet. I realize I do not need the tracking device anymore but the dealership refuses to give my money back saying its nonrefundable per contract and that they already submitted the paperwork for the car to the DMV. Is it legal for them to keep my money for the add-on tracking device when they have not yet installed it? The contract mentions about the no cooling-off period for vehicle sale in California but is the tracking device considered part of it when it has not been installed?

Your advices are much appreciated!

Was the device supposed to be installed before you picked up the car?

 

[ps101]

Was the device supposed to be installed before you picked up the car?

After I bought the car, they told me to set up an appointment later to have the device installed so most likely not. It's an optional add-on to the car.

 

[justalayman]

I actually have not received the device yet. No service has been provided for it except for that it was included on the car sales contract under "optional" and I have paid for it. They told me to come back another day to get it installed but I do not want it anymore.

Unless the CONTRACT allows you to terminate any terms within the contract, the a fully executed contracted is enforceable regardless of the fact performance has not been completed.

Think of it this way;

When you sign a year long lease, just because you have been there (just an arbitrary period) 3 months, it doesn’t mean you aren’t liable for the remaining period and that the landlord isn’t obligated to allow you to live there for the remainder of the lease. A fully executed contract is enforceable by all parties and all parties can expect all parties to perform as the contract directs.

Only if they failed to install the device within any time constraints listed within the contract or if none, within a reasonable period of time, would you be able to rescind that portion of the contract.