Legal Question in Consumer Law in Missouri

Purchased a vehicle in MO, 1/19/10, with an agreement with the dealership to deliver it. The next day I had buyers remorse and contacted dealership that I wanted to cancel contract. I assumed that you had 3 day to cancel any legal transaction, they replied no you cannot cancel. Recently found a statement on the buyers guide that the company has a 3 day money back return and 30 day exchange program. It appeared they lied, do I have legal recourse to cancel this transaction and get my money back? Or if opt to exchange, do they have to apply the full amount of sale to the exchange?


Asked on 1/30/10, 11:13 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

The rule regarding three days to cancel a contract applies only to things that are sold door-to-door. There is no such general rule. If you sign a contract, you are bound to complete the purchase. However, just because you are bound to complete the purchase doesn't mean that you necessarily have to complete the purchase. Everyone is free to breach a contract but must remain liable for damages for breach. So, for example, in this situation, if you have simply refused to go through with the deal, they could have sued you for breach of contract. Since you were dealing with the sale of acar, their damages would be limited to the profit they would have made selling you the car, as judged by the profit they did make when they did sell it. So, unless I miss my guess, their damages would have been about $12-$15. Is the dealer going to sue you for that? Probably not. The phone call to their lawyer would cost them more than that. But they know YOU don't know that, so they can generally bully you into doing the deal. This is how dealers ruin their reputations.

If they had a 3 day money back return, you should have been told about that. The dealership may have violated Section 407.020, RSMO by omitting a material fact. You should see a local attorney and let him know what happened. He may be able to help you unwind the deal.

Good luck.

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Answered on 2/09/10, 8:05 am


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