Legal Question in Consumer Law in California
Scope of Car Dealer's Right to Rescind
My issue is whether a used car dealer [seller] can rescind retail installment sales contract with buyer 2 months after contract execution when notice of rescission provision explicitly states the requirement of actual notice to rescind within 10 days after date of contract signing; where dealer orally states that actual notice has automatically been given but buyer never received any until yesterday's call; where dealer's underlying reason for seeking rescission is due to seller's inability to assign retail installment sales contract to bank or financing institution leaving seller as creditor in the contract?
2 Answers from Attorneys
Re: Scope of Car Dealer's Right to Rescind
I need to look at the contract, but from what you told me it seems that the seller is bound. However, auto sales contracts are notorious for "fine print." Whether or not some provisions are enforceable will be the issue. Call me directly at (619) 222-3504.
Re: Scope of Car Dealer's Right to Rescind
the facts within your question are a bit on the ambiguous side on the recission provision in the original contract and how notice was to be given by the seller, i.e. orally and/or in writing. however, from the sounds of your facts thus far, it does appear that the seller is in breach of its performance part of the contract and has ulterior motives for trying to rescind the contract now. if you can email my Law Firm today with more specific details of this contractual clause and what all transpired, we may be able to further assist and/or represent you in this matter legally.
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