Monday, February 13, 2012

Is a auto contract binding once I sign the contract and drive off with the vehicle.?

I bought a car and traded in my vehicle. I accepted the offer and signed a contract. I drove off with my new vehicle. The next day the dealer calls me and says they want my new car back due to the fact my old car had a salvage title. At the time of the transaction they physically saw my car and drove it. They had all access to my vehicle's info and never asked if it had a salvage title. Can they legally take my new car.Is a auto contract binding once I sign the contract and drive off with the vehicle.?
They have 3 days after a contract is signed to revoke it.



Yes - they can legally take it.
no the deal is binding. once you drive off the lot, it is yours..... the only way to have a 3 day recourse if it was a off site sale... depending on the state you are in....thats too bad for the dealer they didnt check out your car in more detail... did you give them the title the same day you bought it?Is a auto contract binding once I sign the contract and drive off with the vehicle.?
You signed the contract and the dealer got burnt this time, toooo bad, the deal is done and the salesman will get hammered for this mistake.



Update:



I just spoke to my friend at a dealership and he said that as long as you gave them everything upfront like the title and so you are okay by law and they will try but will not succeed, he also recommend that if you should have a warranty issue, you should not take it to that dealer, find another one, good luck.
This is not your fault. I just had this happen to me last Friday. During my routine title check I found out that a truck had a Flood Damage title. I passed on the deal. If I wouldn't have checked and found out later...too bad. I would have owned the worthless truck.

Your dealer has no legal right unless you signed anything stating the title was clear and non-branded.

Isn't that ironic though...if the roles were reversed, you would be screaming about how you got scammed. But somehow we dealers are the crooks! LOL ;)

Don't stress about it. They have no recourse. Just don't go there for service or anything in the future! They have your picture hanging in the service department. LOLIs a auto contract binding once I sign the contract and drive off with the vehicle.?
Whoa, how did they miss that one?



don't take legal advice from us here on Yahoo. Read your contract or ask a lawyer to, There are universal provisions to protect buyer and seller. Difficult reading though.



but trying to think like a lawyer, i would say the seller (them) is the injured party, ..and they can point to the clause in the contract that supports their actions.



...I fear that if the car is not back on their lot in the next few hours, they will take steps to insure that the property is not damaged, or in any way is not in the same condition as when sold.,,



good luck,



PS yeah, i'd hate to be the salesman....
My husband is a car dealer and that's why they have access to the DMV and CarFax history report. You have no legal obligation as an individual to report a salvage title to a dealer,they can find that out on their own.The salesman didn't do his job and now he's in hot water with the dealership and may lose his job,and maybe he should but that's not your problem. I would tell him that I am not bringing the car back and I have no legal responsiblity to do so and he can sell your trade at auction,he is counting on you giving in and bringing it back.You didn't steal the car,you bought it. I would also call an attorney and get a free consultation,i'm sure they would tell you the same thing.The only way to take your car is if you lied to the company that you borrowed the money from then they could force you to return the car or you could be charged with theft by misrepresentation which on a car would be a felony.You didn't do anything wrong and don't deserve them harassing you.When they call tell them you aren't returning the car and will be consulting an attorney,after a couple of days they will leave you alone.Also,most dealerships don't have a right to repo a vehicle because they do not actually loan the money for your financing they only facilitate the loan through a lender.Keep us informed,I want to know what happens.
hmm this is sort of tricky. Its usually a 3 day rule on your end meaning you can return YOUR car within 3 days for any reason. And usually on the title of your old car it would either be a different color or have the words SALVAGE noted someplace on it and its his fault he didnt catch it.
They cannot take your car away. The only thing they can do is try and get money out of you for the now-depreciated value on your trade now that they found out it was salvage.



Future note: If you know your car has a salvage title, TELL whoever is buying it that it does. That's the law.

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