Backing out on a car deal


#1

If I purchased a used car from a dealership in Texas on Saturday evening, I paid cash, did not take possession of the car I am supposed to get it on Tuesday, but now I need to back out of the deal do I have any way to do that? Does the dealership have any obligation to reimburse me my money?


#2

Many states have a 3-day opt-out clause. I have no idea if Texas does.


#3

I have notified them by phone and email do I need to get a certified letter sent today? do you know? Thanks!


#4

I’m NOT a lawyer…I would go there in person.


#5

It all depends on the terms of the contract and whether or not you signed it. You need to talk to someone at the dealership. They aren’t going to return your calls to help you back out of the deal. You need to show up in person, and if they won’t let you out of the deal, you need legal advice (from a lawyer).


#6

Talk to the Texas Automobile Dealers Association.


#7

Thank you, I went to the dealership in person today, no luck will see where I can get with the Texas Automobile Dealers Association and a Lawyer.


#8

I’m almost dead certain that the state of Texas does not allow you any kind of time frame to back out on a car deal.
(Just based on living in OK and having heard of some car deals, living in TX for a while, etc, etc.)

If there is no right of return then I suggest that you do not get mad if the dealer:
A. Flat refuses to return any of your money.
B. Returns most of it while keeping a percentage for aggravation purposes.

There is no reason why a dealer should suffer a financial loss because of buyer’s remorse.


#9

“There is no reason why a dealer should suffer a financial loss because of buyer’s remorse.”

I agree that the dealer (and salesman) deserves some payment for the paperwork done to complete the sale. I think that $300 or so is reasonable.


#10

Where I am, once the tyres touch the public road, it is your car.


#11

I believe the “3 day” period to back out of a deal is when the the deal involves a loan and financing. You paid cash, so I don’t think you have any recourse as far a legally forcing them to return your money and end the transaction. This means you have to rely on the “goodwill” of the dealer. If you play hardball with them there isn’t going to be much goodwill on their part.


#12

My recollection is that federal regulations give you a 3 day period of “recission” on any contract that you have signed, and of course, federal regulations are nationwide.

Edited to add:
I just spent a couple of minutes refreshing my memory on this topic, and it appears that the 3 day right of recission only applies if a contract is signed at a location other than the seller’s regular place of business–such as at the home of the buyer. Since the OP most likely conducted business at the car dealership, this right of recission apparently does not apply.


#13

problem is right now i dont have the money or the car. they wouldnt release the car to me until tonight. They are not willing really to do anything.


#14

Why don’t you tell us what’s going on? Why won’t they give you the car? If you paid them in cash for the car, and didn’t drive off the lot in it, something isn’t right.


#15

Recission laws on consumer products (including cars) are regulated at the State level. AFAIK federal recission laws apply only to borrowing money, not to “all contracts”. Interestingly, in a home purchase it does not apply, as the deed must be registered, but it does apply to home equity laons and refis.


#16

Keep in mind I know Im an idiot at this point. With that being said they had recieved the car on trade in Saturday afternoon. That had not detailed it and said they wanted to run it through their maintenance dept before they could let me take it because that is their policy. At first they told me I could get it on monday and then they said I had better wait until Tuesday evening. I just assumed everything was on the up and up until I got home and spilled the beans to my husband who went through the roof because of the price and the details.


#17

Husband could be wrong, and it could be a great car and a decent deal. All dealerships “should” go over the car and make sure it is ready to go over to a new owner. This doesn’t sound like “hanky panky” to me. If the car is a certified car then it might need brakes or some work to meet the “certified” standards.

We can’t comment on the actual deal without more info on the car, miles, condition, options, etc. You and husband should have discussed budget and other issues before making a deal, this is not the dealer’s responsibility.

Take the car, drive it and enjoy it, and perhaps hubby will see it was an OK deal. Good Luck.


#18

thanks uncle Turbo. its an 03 audi A4 1.8 with 75,000 miles and perfect car fax report. the big problem is the price. i had not researched Audi and let a long day of car shopping with no luck get the best of me. I paid significantly more for the car than its worth. When they gave me the price I quickly looked on my blackberry and was within the limits or so I thought then after researching on my computer when i returned home to Oklahoma i discovered that I had priced the larger engine on my blackberry at the dealership.

All of which is my fault. However, I offered to pay them a grand to back out of the deal and they still wont budge.

Something will eventually work out I am sure. We are close to the end of the month so I know the dealership will want to bring this to closure.

Thank you all, I have learned several huge lessons through this process, hey isnt that what lifes about!


#19

Where it’s hanky panky is that the dealership should have taken a deposit on the car, with the remainder to be paid on delivery.


#20

Whats really bothering me is their response. The sales manager lied yesterday said he was on vacation and couldnt help until Tuesday. Then I called the dealership and he answered. Then they told me they were open Sunday and two different people tried to buy it and they passed that up and now those people have bought other cars somewhere else.

So now I just have a really bad feeling about the entire thing.