The Cooling-off Period
California’s laws allow you to purchase a cooling-off period for a pre-owned vehicle that costs under $40,000. However, it’s only for two days, and you need to pay for it before you leave the dealership with the vehicle! If you choose not to purchase the cooling-off period, the dealership will make you sign paperwork confirming that you are opting out of the cooling-off period. The dealership salespersons are trained to tell you that once you leave, you will not be allowed to return the vehicle under any circumstance.
That is not necessarily true. Just because you did not purchase a cooling-off period, it does not mean that there is never a situation that will allow you to return your vehicle and get your money back. If the dealership did something incorrectly during the deal, you might be able to return your vehicle and get all your money back. Most types of incorrect and sometimes illegal activity from the dealership come in the form of misrepresentations or non-disclosures.
Misrepresentations often require the salesperson to take an active role to mislead buyers. Examples often include false advertisements of the vehicle’s price, saying the vehicle has features that it does not or tampering with the odometer. At times, dealerships may be even more overt with their misrepresentation by labeling a vehicle as certified-preowned or labeling it as a new vehicle when it’s used.
Non-disclosures occur when a dealership does not disclose certain things about a vehicle that would cause a buyer to look for another vehicle. Non-disclosures happen when the dealership does not tell you that the vehicle was previously in an accident, used as a rental, sustained hidden damage, or has its warranty expired.
Practically every illegal dealership practice may allow you to return your vehicle and get your money back. If you think that you have been a victim of illegal conduct by a dealership, contact The Lemon Pros, and we can analyze your claim.
Dealership’s right to demand return of the vehicle.
The standard California vehicle contract permits the dealership ten days to find a lender that will finance the loan of the vehicle. In the event that the dealership can’t find a lender, they must inform you that they have to void the agreement. If that happens, you’ll need to return the vehicle to the dealership.
When you return the vehicle to the dealership, they are required to return all of your money and return any vehicle you may have traded in. The dealership is not entitled to keep any of your money for mileage or anything else. In some cases, a dealership may attempt to say that it was your fault because you had bad credit.
You should be careful. The dealership will often push you to sign a new agreement with a higher down payment and higher monthly payments. The dealership tries to force you to sign a new agreement because they do not want to lose out on the sale. If you sign a new agreement, the dealership will have ten more days to find a new lender.
If the dealership tells you that you must sign a new agreement or else you’ll face a vehicle repossession on your credit, that is a lie and may be illegal. Dealerships regularly engage in “spot delivery,” where they sell a vehicle without the buyer first being approved for a loan. That’s the reason they insert fine print into the contract, which gives them the option to demand the return of the vehicle if they cannot find financing within ten days.
Once the ten days are up, the dealership cannot request that you return the vehicle unless you gave them incorrect information on your credit application. The dealership will try to do everything possible to get the vehicle back if they cannot find a lender because, after ten days, the dealership will have to finance the loan and become the lender. If you think the dealership has engaged in illegal conduct, contact us today to review your claim.
Why Choose The Lemon Pros?
Our specialty is Lemon Law, that is why we only handle Lemon Law claims. When you hire us, our attorneys will do all the legal work for you, because we understand the stress that consumers like you deal with when they have a Lemon.