Legal Question in Credit and Debt Law in Virginia

automobile purchase contracts

I recently purchased a vehicle and the contract keeps getting typed up incorrectly so I have to keep going back to resign contracts. I am very busy and the constant badgering of the Car Dealership to resign a contract is aggrevating me. I am supposed to go sign another form and I am getting very tired of this. So my question is Can I return a vehicle with 4000 miles that I bought on Dec. 22, 2000, because of the hassle with the dealership over contracts, with no legal reprimands to myself, or legal action to me, or no penalty payment? I would simply like to return the vehicle and pretend the deal never took place. Is this possible. (The dealership is located in Virginia as well as my residence and the contract I have signed is not the correct one, and I think they may change the contract by hand without my copy being included as a duplicate, like when I originally signed.)

Thank You


Asked on 2/14/01, 9:10 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: automobile purchase contracts

This is a pretty fact-specific kind of question, and I really haven't got enough of a handle on what the facts are. Why are all the contracts being re-typed? What do you mean by "contracts", anyway - the buyer's order form, finance documents, or what? I'd have to see the documents you're talking about to be able to come up with a real answer, but just from what you've said, it's obvious that the dealership is pulling a fast one somewhere. That being the case, you probably have a cause of action under the Virginia Consumer Protection Act, but I'd have to know more about it to be able to tell you exactly what it is.

The short answer is that if you have no contract, then you have no contract. You didn't buy the car at all, it's still their car, and it's still your money. They're going to be entitled to payment for your use of the car, wear and tear, etc., though on a theory of "quantum meruit", which means "as much as it's worth".

Feel free to contact me to discuss it further.

540-347-2430

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Answered on 3/29/01, 10:37 am


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