Legal Question in Business Law in Arizona

Re: Battered into buying a used car not wanted

Too few facts are known here. Man or woman? Age? What car? Price? Was it financed by them or not? How were you pushed and pushed to buy a car you did not want to? What is wrong with the car? Did you pay way too much?

I'll bet your contract does not state that you have a 3 day period to cancel. If you got financing, you mave have 72 hours to cancel. Does it state that on your financing agreement? Again, we don't know if you paid cash or financed.

I do not disagree with the advice of the other attorney. It may be your only remedy if you do not have a 72 hour cancellation right on your financing expressed in your financing agreement. It may be too late for that if the 3 days has expired.

For those other people who read this:

Where do people come up with this "3 Day Cancellation" theory that does not appear in their contract? I have heard this many times, but no explanation as to where it comes from. Generally, when you buy a car, and take possession of it, and drive it off the lot, IT IS YOURS. You cannot return it. Three day cancellations exist in some states for door-to-door sales, since it is presumed that you did not initiate the purchase, they came to your home. Certain federal laws and rules require a 3 day cancellation right on financing. Even if your contract financing agreement has a cancellation clause, you still took delivery of the car and are responsible for the depreciation and mileage on the car.

In my experience it is very unlikely that you will convince the dealer to cancel your sale. Perhaps they will put you in a different car. You may pay a penalty to get into another car. The technique advised by the other attorney on this site may work. I think it is more likely to work if you insist on getting another car from that dealership that you do like. And take someone with you that will not be bullied, will stand up for you, and can be fair yet firm. Next time you buy, take someone like that with you as well.

The good news: used cars deals are not forever. You can sell, trade, gut it out for a while, find a buyer for your car, etc. It is likely to cost you to get out of this one. You will have learned a good lesson. Next time, try going to a credit union to buy a car through them.

Car dealerships make millions of dollars gettin people to buy on the spot, financing cars they cannot really afford, paying more than they might by shopping the Auto Trader or private party ads. And the lifestyle they lead is very luxurious. You have alternatives, and this will be a lessaon for the future for you.

I hope you can work things out. Check immediately for a 72 hour cancellation in your financing agreement, and exercise it if you can.

Good luck,

James D. Jenkins

Re: Battered into buying a used car not wanted

I do not have any documents or information about you underlying the facts that you state, that you were pushed into buying this vehicle. I do not know if you are a "vulnerable adult" within the definition of Arizona law, or if it was a cash of the salesman, finance guy and sales manager ganging up on you. My suggestion is that you keep the vehicle insured, but take it back to the dealership and park it right in front of the office or show room. Then, go to the general manager of the dealership, wait at his door until he sees you and tell him that you were forced to buy this car after you said you didn't want to do so. Hand him the keys to the car and demand that he cancel the purchase and give you back any money you gave him. If he fails to do so, then call the consumer fraud dept. of the AZ Attorney General, and Channel 12 for help. If you can afford an attorney, do not hesitate to get advice and counsel.