Legal Question in Consumer Law in California

Auto Dealer wants to recind on sale after contract time limit

The dealer I purchased my truck from wants to recind the deal because they could not find financing for it. The contract states that they have 10 days to provide me with written notification that they wish to recind. I purchased the truck on 4/17/03. The notice was overnighted to me on 5/15/03. They claim we have 48 hrs to return the truck. Their ''justification'' is that they claim I lied on my income. I've requested a copy of the credit application and my income is stated correctly. I've faxed them copies of pay stubs and they are still adamant. I found out they are doing this because they would have to finance me themselves and that would be considered a ''loss'' to them. I feel they are trying to intimidate me at this point. What can I do to protect my rights?


Asked on 5/17/03, 12:35 pm

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

Re: Auto Dealer wants to recind on sale after contract time limit

What they are trying to do is get out of the contract. Before you signed the contract, they obtained a credit report on you. If all the material information you gave was correct, then ask them to tell you where it was you lied. they are bound by the contract. If they sue, then you can defend and win. You will need an attorney. However, if your credit is sound, then take the truck back. You are entitled to all of the monies you paid as a down payment nor are you required to pay for the use of the truck. They now have to sell the truck as a used vehicle. You may get a better deal now. Good luck.

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Answered on 5/19/03, 11:39 am


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