Legal Question in Consumer Law in Florida

signed contract on used car

can a car dealer take back your car after money & contracts have been done?


Asked on 3/20/09, 12:25 pm

2 Answers from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: signed contract on used car

The most common thing I have heard of is the dealer having you sign all the papers, take the car home, and then later find out that your loan (that was being brokered through the dealer) has been turned down. If that happens, then the financing has failed and the dealer usually gives you a very polite phone call telling you to drop everything and return the car immediately or they'll have you arrested for auto theft.

Always a wonderfully pleasant dream-shattering experience that should be experienced at least once by everyone. Unfortunately, though, if your financing fell through and you don't have any backup, you may be stuck. But, if that's not the case and you have paid everything and the contract is signed, then, no, the dealer can't just arbitrarily breach and demand the car.

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Answered on 3/21/09, 1:22 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: signed contract on used car

No, not if you have complied with the contract. He does not have a right to rescind without proper basis.

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Answered on 3/20/09, 3:54 pm


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