legal to return a new vehicle after purchase

[pmcpspi]

CALIFORNIA VEHICLE RETURNS

IN CALIFORNIA, IS IT LEGAL TO RETURN A NEW VEHICLE PURCHASED AT A DEALERSHIP WITHIN 48 HOURS WITHOUT BEING CHARGED ? CAN YOU LEGALLY UNWIND THE SALE ?



[Edited by pmcpspi on 01-11-2001 at 04:29 PM]

 

[TimC]

In some states there is a certain period of time when this is possible. There are a few conditions that need to be met, however.

Unfortunately, since nobody knows what state you live in, nobody can be of much help to you...and the clock is ticking.

 

[I AM ALWAYS LIABLE]

Re: CALIFORNIA VEHICLE RETURNS

IN CALIFORNIA, IS IT LEGAL TO RETURN A NEW VEHICLE PURCHASED AT A DEALERSHIP WITHIN 48 HOURS WITHOUT BEING CHARGED ? CAN YOU LEGALLY UNWIND THE SALE ?


[Edited by pmcpspi on 01-11-2001 at 04:29 PM]

My response:

Please, try not to use all capital letters.

In California, and as is my understanding of the laws on this subject in all of the various States, returning a car for the sake of returning a car, is not allowed under any law, unless there is fraud involved.

Obviously, each State has it's own set of specific laws concerning vehicle sales, and California is no different. However, unless there is a "return privilege" specified in the written contract (and there can be, depending on the dealer), in the absence of fraud, and as long as all other laws concerning vehicle sales have been followed, there is no such thing as returning a vehicle and canceling a written contract after pen has been set to paper.

Some people hear different stories about the ability to return vehicles within a certain period of time. The most popular story is that a vehicle purchaser has 72 hours to cancel a contractual vehicle purchase.
This "wive's tale", I have found, stems from a basic misunderstanding of, and confusion with, "Home Solicitation" (or "Door to Door Sales") contracts. Most States have Home Solicitation laws, and the same requires that the consumer be allowed anywhere from 48 to 72 hours to cancel such written contracts. They also require that the sale be consumated at the consumer's home - - hence the name, "Home Solicitation". Vehicle purchases are typically made and consumated at the business address of the dealership.

So, unless there's been a change in laws in some States on this subject (and I practice in California), there are no such laws of which I am aware allowing a consumer to return a vehicle and cancel a written contract without obligation.

If TimC knows of any such laws, (sans some form of "fraud" involved) then I would be extremely interested in such information.

IAAL

 

[TimC]

I am glad you went back and added your state. That will be helpful.

There most definately is a law in New York that allows for the return of a newly purchased vehicle from a dealer within either 48 or 72 hours. This all came to surface a few years ago with the use of a bunch of coupons that a local dealer was sending out. The coupons arrived at the potential buyer's home, thereby...get this... enticing the potential buyer. Since the mailings were addressed specifically to the potential buyer, and were not general delivery, it changed the terms of the sale. The dealer had purchased registration information that allowed them to fill in all the details such as how much money the customer would receive for their current vehicle, and quoting the price of a potential new vehicle and including that information in the mailing. This was construed as beginning the deal OUTSIDE OF THE DEALERSHIP.

The same ruling also applied to one of those mall sales where the dealership was actually selling the vehicle on the floor of the mall. It was decided that because the potential customers were not voluntarilly setting foot on the dealership property on their own volition, the deal was considered a "home sale", and therefore allowed for the return period.

And lastly, I personally sold a brand new vehicle to a customer at an auto show in a big fancy hotel. One of those shows where you pay 10 bucks to see the latest and greatest models of the year. Again, because the deal did not take place AT THE DEALERSHIP, the return period was in effect. From that incident forward, all customers were required to GO TO THE DEALERSHIP to conduct the purchase. And since the trip to the dealership therefore had to be made voluntarilly by the potential purchaser, the deal would be done without the return period being in effect.

I realize that this may not apply to California law, but these situations might be worth looking into if they seem to apply.

 

[I AM ALWAYS LIABLE]

My response:

Thanks for the very interesting information, Tim. I had a feeling that there might be an exception or caveat; but, the main lesson learned, from what you've said, is that * unless * a buyer has made his / her purchase, basically, anywhere "away from" the dealership premises, the "safe harbor" period does not apply. Assuming that our writer's purchase was made at the dealership, then there is no "safe harbor" period within which to return the vehicle without repercussions.

The arguments made in New York would probably also work here in California. Thanks for the clarification.

IAAL