Legal Question in Consumer Law in Virginia
Sales Contract Laws-Motorcycle-State of VA
Does a buyer have a right to cancel a sale for a motorcycle after he has signed a contract?Is this person immediately obligated w/out any recourse to cancel sale? Is there at least a limited time frame stipulated? 24 hrs,48 hrs., or the traditional 72 hrs? If the contract could be cancelled, can it be verbally by phone, in person, or must be in writing?
1 Answer from Attorneys
Re: Sales Contract Laws-Motorcycle-State of VA
Assuming that this transaction was not covered under the Virginia Home Solicitation Sales Act (See Va. Code Sec. 59.1-21.2) where there is a right to cancel a sale transaction within three days of signing the purchase agreement for certain goods/services sold as a result of a solictation over the telephone to the buyer at his home or in person by the seller, the buyer described in this question would likely find his right of cancellation and refund of his purchase price limited to whatever terms referencing these issue are found(if there be any) in the sale contract which he signed for the purchase of the motorcycle.
In the event that the motorcycle sale contract makes no reference to any such right of cancellation by the buyer nor refund of his purchase price and it is not a sale which is covered by the above-mentioned Home Solicitation Sales Act, I'd have to say that under the circumstances described, the buyer would now appear to be the reluctant owner of one
newly-purchased motorcycle pursuant to a noncancellable sale with no right of refund of the purchase price absent a showing of fraud or material misrepresentation on the part of the seller. VROOM!
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