@Anonymous wrote:
usmc58555 Super Contributor
Yes I realize their are different laws and I suspect Calif which is where I reside has more laws, such a the lemon law. There are attorney who will take a case like this one sometimes under the lemon law and tear apart the contract literally and end forcing attorney fees to be paid by dealer/bank. My main advice for her is to find a consumer attorney specializes in Lemon Law if that is Federal Law I am not sure. It is those attorney that know the ins and outs of Auto contracts. And these guys can in most cases be real effective. The dealer can do a lot wrong without even meaning too. Trust me or do not trust me. I have first hand knowledge.
Thanks usmc58555 Super Contributor!
I appreciate the insight. Myself? I sold cars for 3 years and was an assistant to the finance manager at my dealer ship.
Lemon Laws apply when the car is a "Lemon," not when the car is simply unwanted. A Lemon Law attorney may have a better understanding of car contracts, but will not be able to invoke lemon law statutes.
Federal "Cooling Off" laws specifically exempt cars and home purchases.
Cooling Off Laws are a State's perogative.
For Wisconsin Residents:
Is your vehicle a lemon?
Your vehicle is a lemon if all of the following statements are true:
- You bought or leased a new vehicle.
- The vehicle is a car, truck, motorcycle or motor home.
- The vehicle developed a defect or defects during its first year and before the warranty expired.
- The defect seriously harms the vehicle's use, value or safety.
- One of the following happened during the vehicle's first year and before the warranty expired:
- The dealer failed four times to fix the same defect; OR
- The vehicle was out of service for 30 days or more due to defects
Wisconsin Cooling off Period:
Purchase cancellation
Many consumers mistakenly believe they have three days to cancel a motor vehicle purchase contract. They do not. The 3-day "cooling off" period only applies to sales the dealer makes away from the dealership—for example, at a mall or fair grounds. If you sign a purchase contract at the dealership it is a binding contract. The dealer may charge you a penalty if you cancel the deal. By law, the penalty cannot be more than 5% of the purchase price of the vehicle.
If you order a new vehicle to be delivered at a later date and the vehicle is not delivered within 15 days of the anticipated delivery date recorded on the purchase contract, you can cancel the contract without penalty.
If you are unhappy with your purchase, talk with your dealer. Some dealers will make a goodwill adjustment, or even cancel your contract without a penalty in order to satisfy a good customer.
http://www.dot.wisconsin.gov/safety/consumer/rights/no3day-rights.htm
California recently enacted a law that allowed a cooling off period in a vehicle purchase, but it must be specifically OPTED IN at contract inception, and a non refundable fee be charged for a buyer to have the chance to excercise this option.
A new law establishing the Car Buyer's Bill of Rights substantially impacts the purchase of new and used vehicles. The law, which takes effect July 1, 2006, affects retail vehicle sales handled by licensed car dealers in California. This law does not apply to motorcycles and off-highway motor vehicles or to transactions between private parties. Major changes include:
.......
Used car buyers may purchase a two-day sales contract cancellation option.
There is no "cooling off" period unless you obtain a contract cancellation option. . Consumers who purchase a used car for less than $40,000 must be given an opportunity to purchase a two-day Contract Cancellation Option Agreement.
Important: The contract cancellation option does not apply to used cars priced at $40,000 or more, new cars, private party sales, motorcycles, off-road vehicles, recreational vehicles, or vehicles sold for business or commercial use.
Cancellation option specifics
The following indicates how much you can expect to pay if you choose to purchase the contract cancellation option:
- $75 for a vehicle costing $5,000 or less;
- $150 for a vehicle costing more than $5,000, but not more than $10,000;
- $250 for a vehicle costing more than $10,000, but not more than $30,000; or
- One percent of the purchase price for a vehicle costing more than $30,000, but not more than $39,999.99
If you choose to return the vehicle, within the time specified, the dealer can charge a maximum restocking fee of:
- $175 for a vehicle costing $5,000 or less;
- $350 for a vehicle costing more than $5,000, but less than $10,000; or
- $500 for a vehicle costing $10,000 but less than $40,000.
......
http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffvr26.htm
At any rate, an attorney will cost you money. if by chance there are problems in the contract that may be your "out," if the contract is solid, well now you are spending money on a lawyer as well.
