Legal Question in Consumer Law in California

New car sales contract liability

12/1/06 signed contract to purchase

new Honda, but did NOT take

possession of car due to options to be

ordered by dealer on 12/4/06.

12/2/06 absolutely, positively

guaranteed by VW dealer that we could

purchase a VW -- that since we did not

take possession of the Honda we would

not be held to the contract by any judge

in California, etc., etc.

Signed contract and took possession of

VW.

Now being told by Honda we need to

pick up the car we purchased. Honda

has cashed the $15K downpayment

check. VW has no money yet, due to a

bank error (bank put a stop payment on

the wrong check -- VW's instead of

Honda's)!!!!!

Which car are we obligated to own?


Asked on 12/12/06, 2:02 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: New car sales contract liability

You are obligated to own both. California does not have a "cooling off period" for new car purchases. Once you signed the contract, you were bound by it unless there was an exception, and deciding you wanted a VW instead is not an exception.

That being said, if you can prove that the VW dealer lied to you to get you to buy the car, you may be able to rescind the contract with VW. But, that will be a difficult case.

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Answered on 12/12/06, 4:20 pm


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