My question involves a consumer law issue in the State of: California
Long story short, I bought a car on 12/30/17. Contract was signed by both parties; trade-in was given; down payment was paid; drove off the lot. On 1/11/18 I received a letter (dated and postmarked 1/10) stating that they're electing to rescind the deal as they have a right to in the contract. However, the contract seems to only allow them ten days, which had expired. Here's the language:
I've been researching "yo-yo scams" and bait-and-switch techniques used by dealerships and this seems to be fairly common, however, from what I can tell they have missed the deadline and I'm not obligated to do anything more but make the payments. Unless I'm missing something.
So my questions are:
1) Does the "ten days" above carry any caveats? For example, is it implied these are only 'business days' or 'non-holidays', etc., or does it mean exactly what it says?
2) What's the best way to respond to the notice from a legal perspective? Is it time to 'lawyer-up', or not quite yet?
I intend to keep everything in writing and so far have not acknowledged receipt of the letter. It was only sent standard mail, not certified, and I saved the envelope and scanned the docs.
When I do respond, I had planned on simply asking them what happened and confirming whether or not they are aware the deadline was one day earlier. I just want to be prepared with how to follow that up, as I expect them to respond aggressively and threaten to repossess the car, accuse me of theft, etc.
Thanks in advance.
Long story short, I bought a car on 12/30/17. Contract was signed by both parties; trade-in was given; down payment was paid; drove off the lot. On 1/11/18 I received a letter (dated and postmarked 1/10) stating that they're electing to rescind the deal as they have a right to in the contract. However, the contract seems to only allow them ten days, which had expired. Here's the language:
Quote:
Quoting Seller's Right to Cancel
I've been researching "yo-yo scams" and bait-and-switch techniques used by dealerships and this seems to be fairly common, however, from what I can tell they have missed the deadline and I'm not obligated to do anything more but make the payments. Unless I'm missing something.
So my questions are:
1) Does the "ten days" above carry any caveats? For example, is it implied these are only 'business days' or 'non-holidays', etc., or does it mean exactly what it says?
2) What's the best way to respond to the notice from a legal perspective? Is it time to 'lawyer-up', or not quite yet?
I intend to keep everything in writing and so far have not acknowledged receipt of the letter. It was only sent standard mail, not certified, and I saved the envelope and scanned the docs.
When I do respond, I had planned on simply asking them what happened and confirming whether or not they are aware the deadline was one day earlier. I just want to be prepared with how to follow that up, as I expect them to respond aggressively and threaten to repossess the car, accuse me of theft, etc.
Thanks in advance.
Sales Agreements: Can a Car Dealership Cancel a Purchase Contract After the Deadline
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