what is California Delivery?

[msuarez]

I signed a contract on a used car, but have not taken possesion of vehicle, because of faulty water pump, I am driving loaner. I do not want to do business, and want my trade in back. Do I have recourse, Do I have to negotiate some sale? I live in Phoenix Arizona and Attorney General says" NO 3-DAY RIGHT TO CANCEL A CONTRACT". Car is being repaired, and has not been driven off lot.HELP!!!!!!!

 

[I AM ALWAYS LIABLE]

I signed a contract on a used car, but have not taken possesion of vehicle, because of faulty water pump, I am driving loaner. I do not want to do business, and want my trade in back. Do I have recourse, Do I have to negotiate some sale? I live in Phoenix Arizona and Attorney General says" NO 3-DAY RIGHT TO CANCEL A CONTRACT". Car is being repaired, and has not been driven off lot.HELP!!!!!!!

My response:

If you signed a contract, and the keys were dropped into your hands, the car was "delivered". You bought a car.

You should have had an independent mechanic inspect the car before you set pen to paper.

IAAL

 

[msuarez]

WHAT IS "CALIFORNIA DELIVERY?

I HAVE NOT BEEN HANDED KEYS, THE CAR HAD PROBLEMS BEFORE IT WAS DELIVERED TO ME. THEY GAVE ME A LOANER WHICH WAS ALSO FAULTY. THEREFORE I HAVE NOT TAKEN POSESSION OF ANY VEHICLE TO PURCHASE. PLEASE REPLY

 

[I AM ALWAYS LIABLE]

My response:

Please help us to help you. To help us, please take your Cap Lock off and re-type your post. This will help to increase your chances for a response to your post. We thank you for your kind cooperation.

IAAL

 

[msuarez]

Califonia delivery rule?

I have not been handed the keys, the car had problems before it was delivered to me, they gave me a loaner which was also faulty. Therefore I have not taken possesion of vehicle.

 

[I AM ALWAYS LIABLE]

My further response:

Physical possession of a vehicle is not necessary under California law. In the case of "Solano Concrete Co. v. Lund Constr. Co. (1976) 64 Cal.App.3d 572 [134 Cal.Rptr. 552", the court held, pointing to a Black's Law Dictionary definition of "execute"—" 'to make; as to execute a deed, which includes signing, sealing, and delivery; performance of all necessary formalities.' (Black's Law Dict. (Rev. 4th ed.) p. 676.)

Delivery is different for different things in California. There is a specific definition of "Delivery" when it comes to vehicles. Under Veh. Code, § 460 (definition of vehicle owner), and Veh. Code, § 5600 (transfer of title effective on delivery of ownership certificate and fee to Department of Motor Vehicles), a vehicle is considered "delivered" if all formalities have taken place (the signing of the contract of sale, and the certificate of title being changed into the name of the new owner and sent to the Department of Motor Vehicles).

Good luck to you.

IAAL