California Law provides a number of reasons to justify rescinding a contract to purchase or lease a new or used automobile. In other words, California allows an automobile purchase or lease agreement to be rescinded if it is based upon fraud, mistake, or significant non-disclosure or concealment. The basic concept is that there must be a “meeting of the minds” in order for a contract to be valid.
A contract that is put in writing tends to eliminate significant “he said-she said” arguments over what exactly was agreed to, since the significant terms of the contract are usually contained in the writing. California law requires that the contract have no blank spaces when signed, and that the consumer receive a copy of any contract after signing.
However, California provides consumers with vast protections against misrepresentations that are made during the negotiations for the purchase or lease of goods or services. Further, there is no requirement that the salesperson intended to make a misrepresentation; the fact that a representation was made during the negotiations which in fact is not true is all that is required.
Some examples of misrepresentations justifying rescinding the sale, may include the following:
- The inaccurate representation that the vehicle (or other consumer product) is new, when in fact it is used or reconditioned (if your “new” vehicle had several hundred miles on the odometer, it was not likely a “new” vehicle);
- Any inaccurate representation concerning the quality or benefits of goods or services (this would usually cover anything told to you by the finance or sales manager, including how mechanically sound the used car is, how much you’ll be protected by the service contract, that the finance rate is the best available, etc.);
- Significant non-disclosures of information required to be disclosed (such as the fact that the vehicle was a “demonstrator,” was previously totaled due to body damage or flood, has a salvaged title, was a previous “lemon law buy-back”, was involved in an accident involving damage to the frame, and a whole host of other problems which should have been disclosed but were not.
- Often, used car dealers will attempt to persuade you that you bought it “As-Is“, and therefore whatever problem you are experiencing is your problem. However, this is not true with respect to most problems discovered soon after the sale, since the buyer’s decision to buy “As-Is” was usually based upon some representation made about the vehicle that proves not to be true. The most basic of these misrepresentations concerning the mechanical condition of a used vehicle center on the requirement that the DMV requires all dealers to have a basic safety check performed on the vehicle to verify that the vehicle is safe to operate on the road, as it has such basic safety features as brakes, brake lights, turn signals, lights, etc. Invariably, this “safety” check is described by the salesperson as the service department having gone over the entire vehicle with a fine tooth comb, and found it to be in superior mechanical condition good for at least another 100,000 miles.
- The most egregious examples of misrepresentation can be found at any used car dealership catering to individuals with bad credit, who are often persuaded to buy pieces of junk for over-inflated sales prices and interest rates. These poor individuals think no one else will sell them a car, so pay large down-payments on useless vehicles so they can get to work and pay their bills, only to find out their car payment money is being spent making repairs to a vehicle that should be retired, with the end result that the car gets repossessed, and, you guessed it, sold to the next poor individual with poor credit.
These are just a few examples of facts which would justify rescinding a sale, and you are encouraged to call us for a consultation.
Valuable information. Lucky me I found your site by accident, and I am shocked why this accident did not happened earlier! I bookmarked it.
wonderful points altogether, you just gained a new reader. What would you suggest in regards to your post that you made a few days ago? Any positive?
Hello There. I found your blog the usage of msn. That is a really smartly written article. I’ll be sure to bookmark it and come back to learn extra of your useful info. Thanks for the post. I will definitely comeback.
Pingback: Subliminal Advertising
I simply planned to make a quick comment as a way to express gratitude to your account for all those wonderful pointers you might be posting at this site. Time consuming internet investigation has by the end during the day been rewarded with top quality means to offer my guests. I’d personally claim that the majority of us guests are actually endowed to result from an outstanding network with very many marvellous individuals with useful hints. I feel quite privileged to get used your webpages and appearance forward to really more fabulous minutes reading here. Many thanks for several things.
Heya, Thanks a lot for that brilliant post! I will bookmark Consumer’s Right to Cancel a New or Used Automobile Sales Contract In Case of Auto Dealer Fraud | Dealerfraud. Regards.
Pingback: Yosh
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all web owners and bloggers made good content as you did, the web will be much more useful than ever before.
This is really interesting, Youre a very skilled blogger. I have joined your rss feed and look forward to seeking more of your magnificent post. Also, Ive shared your site in my social networks!
I was just having a conversation over this I am glad I came across this it cleared some of the questions I had.
I like your weblog so substantially that I feel I’ve to wish you. Happy New Year in advance. Have a nice and prosperous year ahead
Do you have a Facebook page or Twitter? Would love to follow you there, I’m on my iPhone and love reading your stuff!
thanks for this, i will definitely bookmark your post
Excellent goods from you, man. Consumer’s Right to Cancel a New or Used Automobile Sales Contract In Case of Auto Dealer Fraud | Dealerfraud I’ve understand your stuff previous to and you’re just extremely magnificent. I actually like what you have acquired here, really like what you are saying and the way in which you say it. You make it entertaining and you still take care of to keep it wise. I cant wait to read far more from you. This is really a wonderful Consumer’s Right to Cancel a New or Used Automobile Sales Contract In Case of Auto Dealer Fraud | Dealerfraud informations.
Thanks for another informative website. Where else could I get that type of information written in such an ideal way? I’ve a project that I’m just now working on, and I’ve been on the look out for such info.
Thank you for your thoughtful post!
Wow, superb blog layout! How long have you been blogging for? you make blogging look easy. The overall look of your website is wonderful, let alone the content!
Great site. Lots of useful info here. I’m sending it to some friends ans also sharing in delicious. And certainly, thanks for your sweat!
Somebody essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish amazing. Great job!
I concur with you completely on this issue and enjoyed going over your ideas here in this blog. I have bookmarked your blog and anticipate to returning for more.
Nice post. I was checking constantly this blog and I’m impressed! Extremely helpful info particularly the last part I care for such information much. I was looking for this particular information for a long time. I will keep the attention of your blog. Thank you and best of luck.
I like the valuable info you provide in your articles. I’ll bookmark your weblog and check again here frequently. I’m quite certain I will learn lots of new stuff right here! Best of luck for the next!
Rattling superb information can be found on blog .
Hello there, just became alert to your blog through Google, and found that it is truly informative. I am gonna watch out for brussels. I’ll be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!
Hello there, I found your website via Google while looking for a related topic, your web site came up, it looks great. I have bookmarked it in my google bookmarks.
hi all I read your article and I think you’re blog will be one of the bests if you keep up the good work!
Great post! Thank you
Wonderful!!!!!!
I like the valuable information you provide for your articles. I’ll bookmark your weblog and check once more right here frequently. I am somewhat sure I’ll learn lots of new stuff proper right here! Best of luck for the next!