Legal Question in Consumer Law in California

10 day rescission, second contract signed

My fiance and I purchased a car on 7/26 and received a rescission notice on 8/7/2003, falling I believe outside the 10-day rescission period on the back of the contract. Nevertheless, after the finance person called and said they hadn't really rescinded anything and that it was just a ''standard procedure'', he asked us to come in and sign a second contract because financing on the first fell through. Having been led to believe we were obligated to sign the second contract, we did so. It is questionable as to whether the terms are better for us. Now financing has fallen through on the second contract with no notice of rescission sent, and the dealer has employed the services of a Repossession Agency to come take the car. I made one attempt to handle this directly with the dealership and gave them a copy of the postmarked envelope. My questions are which contract is enforceable; and, if the car is repossessed can we sue for breach of contract and intentional infliction of emotional distress in small claims court. As yet I have not filed anything, injunction or otherwise, with the court.


Asked on 9/11/03, 10:24 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: 10 day rescission, second contract signed

You have to return the car. You are also entitled to a refund of all moneys used for a down payment and there is to be no charege to you for use of the car.

Read more
Answered on 9/12/03, 2:30 pm


Related Questions & Answers

More Consumer Law questions and answers in California