Legal Question in Consumer Law in California

Auto Sale Contract

I purchased the car on 11/16/08. Then, I received the certified mail from dealership that the contract is cancelled because they can't find the bank to finance our contract. The letter was dated on 11/25/08 and posted mark on 11/26/08 which within 10 day period. However, the post office left a note for me on 11/28/08 that the mail would be availabe on 11/29/08 to pick up which after 10 day period. I called the dealership right away, they told me over the phone to disregard the letter or just put the letter in the trash. They are working on the deal for us.

What is my right? Can I keep the car since I receive the letter after 10 days? Or do they go by post mark date?

Can dealership still cancel the contract even after they told me over the phone to disregard the letter?


Asked on 11/30/08, 6:05 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Auto Sale Contract

Don't Do Stuff Orally.

Write the dealership a letter: "This will confirm our conversation of [date] in which [name of dealership employee] told me to disregard your letter of [date]." Send this letter certified mail return receipt requested. Keep a copy of the letter and the certified mail receipts.

Make a file folder and keep all the sale paperwork and letters in one place, not in the glove compartment of the car.

Read more
Answered on 11/30/08, 6:09 pm


Related Questions & Answers

More Consumer Law questions and answers in California