Legal Question in Consumer Law in California

Dealer wants to recind but it's 14 day s

we did not receive notice to recind.

they are now bound to the contract. do they have to cary the loan?

do we have leverage?


Asked on 1/14/09, 11:31 pm

1 Answer from Attorneys

Joshua Swigart Hyde & Swigart

Re: Dealer wants to recind but it's 14 day s

Under the standard conditional sales contract an auto dealer has 10 days to obtain financing or provide notice rescinding the loan. That notice of rescission can take place in various forms. If no notice was provided you have two options. First you can return the vehicle and rescind the contract. If you would rather keep the vehicle you can force the dealership to effectively become the bank. You can make your monthly payment directly to the dealership and they have to accept them. If you choose this option my advice is to make sure each monthly payment is on time and in full. Dropping a check off or having other proof it was received is a plus. Don't kid yourself, although that is your legal right the dealer might have other ideas. I have handled cases where the consumer elected to pay the dealer instead of returning the vehicle. Each payment was received on time and a copy of the canceled check was maintained. Despite this, the dealer repossessed the vehicle. This forced a lawsuit to remedy the situation.

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Answered on 1/14/09, 11:46 pm


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