Notice of contract cancellation from car dealer

[Carbuyer765]

What is the name of your state? California

So I recently purchased a new car and received this notice via first class mail. The notice was printed and signed prior to the 10 day recission period stated in the purchase contract but not post marked until the 10th calendar day. Contract date 5/19 postmark 5/29 and not received until 5/31. My question is does the post mark date or receipt date count as the date of receipt for the contract.

Details if needed. I requested proof of approved financing before signing the contract and showed an electronic approval by the dealer from a credit union that showed my info and my credit score and said approved A+. I’ve received a standard form from the same credit union indicating they ran my credit but no letter of denied application. The dealer contacted me a few days after I bought the car asking me to come in and sign a new contract for a higher payment stating I was approved but at a higher rate. I stated that wasn’t acceptable to me and to have a manager call me. No one called me back for several days. I received a voicemail and a text from the dealership both just asking me to come in with no explanation which I replied to both in a timely manner but received no response. I live far from them and the last contact was on the weekend and I was out of town so told them I couldn’t come in until the following week then today received the letter. They never mentioned cancelling the contract only asking me to come in and sign a new one at a higher payment. I would prefer to keep this car but not at a higher payment. They did sell me an extended warranty and GAP insurance at the time of purchase which amounted to about $3500 which I would be willing to not purchase to help keep the payment low if they can remove that but at this point I don’t know what they are willing to do but don’t want to contact them until I know a little more about my rights. It appears to me that the time for them to rescind my contract has expired in which case it would be their concern solely to deal with the higher interest rate.

Thank you

 

[LdiJ]

What is the name of your state? California

So I recently purchased a new car and received this notice via first class mail. The notice was printed and signed prior to the 10 day recission period stated in the purchase contract but not post marked until the 10th calendar day. Contract date 5/19 postmark 5/29 and not received until 5/31. My question is does the post mark date or receipt date count as the date of receipt for the contract.

Details if needed. I requested proof of approved financing before signing the contract and showed an electronic approval by the dealer from a credit union that showed my info and my credit score and said approved A+. I’ve received a standard form from the same credit union indicating they ran my credit but no letter of denied application. The dealer contacted me a few days after I bought the car asking me to come in and sign a new contract for a higher payment stating I was approved but at a higher rate. I stated that wasn’t acceptable to me and to have a manager call me. No one called me back for several days. I received a voicemail and a text from the dealership both just asking me to come in with no explanation which I replied to both in a timely manner but received no response. I live far from them and the last contact was on the weekend and I was out of town so told them I couldn’t come in until the following week then today received the letter. They never mentioned cancelling the contract only asking me to come in and sign a new one at a higher payment. I would prefer to keep this car but not at a higher payment. They did sell me an extended warranty and GAP insurance at the time of purchase which amounted to about $3500 which I would be willing to not purchase to help keep the payment low if they can remove that but at this point I don’t know what they are willing to do but don’t want to contact them until I know a little more about my rights. It appears to me that the time for them to rescind my contract has expired in which case it would be their concern solely to deal with the higher interest rate.

Thank you

You are going to have to get out your contract and read the fine print. Its pretty likely that somewhere in the contract it will say that the approval on the financing is contingent upon a final approval of the credit union.

 

[Carbuyer765]

You are going to have to get out your contract and read the fine print. Its pretty likely that somewhere in the contract it will say that the approval on the financing is contingent upon a final approval of the credit union.

It does say that but it states that I must receive their written notice within 10 days for them to cancel it. It is postmarked 10 days but not received by mail until after which is my main question. I believe the wording states that they must notify me by mail or by another form that guarantees receipt within 10 days

 

[Carbuyer765]

Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed if Seller elects to cancel.

Actual wording

 

[PayrollHRGuy]

They are going to swear on a stack of bibles that the day they called you about the higher rate that they told you you were not approved.

How much of your money do they have? Do they have a car you traded in?

 

[Carbuyer765]

They are going to swear on a stack of bibles that the day they called you about the higher rate that they told you you were not approved.

How much of your money do they have? Do they have a car you traded in?

Even if they swear they told me that they still didn’t send the cancellation form to me within 10 days. I had no trade in but gave a considerable down payment.

 

[PayrollHRGuy]

Seller shall give you written notice (or in any other manner in which actual notice is given to you) within 10 days of the date this contract is signed if Seller elects to cancel.

Actual wording

The notice they will day they did via phone would be one one of the "any other method" they could be given.

 

[Carbuyer765]

The notice they will day they did via phone would be one one of the "any other method" they could be given.

Thank you. I understand that they will say that but what I really want to know is whether the postmarked date on the form they sent qualifies as being received on the 10th day or would I have to have actually received it by the 10th day for them to have fulfilled their obligation legally. I hope that makes sense

 

[Zigner]

They gave you notice within the 10 days per the postmark. Of course, you were also given notice prior to that, as allowed per the wording you posted.

 

[Carbuyer765]

They gave you notice within the 10 days per the postmark. Of course, you were also given notice prior to that, as allowed per the wording you posted.

Thank you

 

[Carbuyer765]

So I’ve notified the dealer I will be returning the car after receiving their letter. I asked about how my down payment would be refunded and was told a check would come in the mail. I had given them cash for the down payment. I did a search online and have found several complaints about them taking months to issue checks to other customers and don’t want to take that risk. Is it within my rights to request cash or a cashiers check at the time I deliver the vehicle? At this point I am considering contacting a lawyer on Monday to help me deal with this.

Thank you

 

[PayrollHRGuy]

It is always within your rights to "request" anything. I would suggest that you contact the dealer ASAP and tell them that unless they can show you in the law where they are allowed to delay the return of your funds that you will expect a check to be there when you return the car.

 

[Carbuyer765]

Thanks. I thought I saw somewhere that they must return my funds in the same manner that I delivered to them upon return of th vehicle but I can’t find where again.

 

[LdiJ]

It is always within your rights to "request" anything. I would suggest that you contact the dealer ASAP and tell them that unless they can show you in the law where they are allowed to delay the return of your funds that you will expect a check to be there when you return the car.

I agree. You should make that clear up front that you expect that. You can remind them that you paid the down payment in cash therefore there is no reason at all for them to not immediately return your down payment.

 

[Carbuyer765]

I agree. You should make that clear up front that you expect that. You can remind them that you paid the down payment in cash therefore there is no reason at all for them to not immediately return your down payment.

Thank you. I have followed up with that request but have had no response. I’m tying to be careful in my communication to remain clear that I am willing to return the vehicle as long as my funds are released but feel like they are just going to blow me off when I get there. They have a secured parking lot so once I am there I feel like I am at their mercy where they can just keep the car and tell me the check is in the mail unless I can lawfully argue that they must refund me on the spot. Any recommendations on wording would be greatly appreciated. I would love to resolve this over the weekend amicably by either returning the car or figuring out new financing that is agreeable to us both but if it doesn’t happen this then I will be consulting with a lawyer to protect my down payment.