Can you return a car?

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Avoid Buyer's Remorse

Many car buyers have "buyer's remorse" and wrongly believe they can return the car. This site will explain that there is no federal law requiring a car dealer or a person selling a car to take a car back. It will outline the limited and very specific instances when a car can be returned to the seller. Avoid Buyer's Remorse - don't sign any contract or even leave a deposit unless you are sure. 100% sure. 110% sure. 200% sure if possible.

Test Your Knowledge of Car Buying Laws 

5 question quiz

NO CAR RETURNS!

There is no federal law requiring a car dealer or a person selling a car to take a car back.

Let me repeat that - there is no federal law requiring a dealer or seller to take a car back - you don't have 24 hours during which you can change your mind, you don't have three days to reconsider - when you buy a car it becomes your property.

Limited cases where you can return a car 

When can I return a car?


1. The dealer CHOOSES to add a clause to your contract that allows you to return the car within a specified amount of time.



2. The car was purchased in CALIFORNIA - See the section below on the CALIFORNIA Car Buyer's Bill of Rights.



2. The car was leased in NEW JERSEY - You have 24 hours to change your mind.



Dealer Makes an Offer to Allow Car Returns 

Unless it is in the contract - the dealer has no obligation to buy a car back!

Some dealers provide an option for the buyer to return the car. If this is the case, these terms will be in your purchase contract.

Carmax is known to extend this offer. "5-Day Money-Back Guarantee - We know that not every car is perfect for every person, so all used CarMax cars can be returned for any reason within a 5-day period. See your Sales Consultant for written details."

Hyundai is also extending this offer in 2009 - but it only applies if you lose your job. Check out the details here.

Consumer Complaints

Car dealerships cause the greatest number of consumer complaints, and many consumers face misleading marketing tactics and even discriminatory lending from auto finance centers.

The CALIFORNIA Car Buyer's Bill of Rights 

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. YOU MUST PURCHASE THIS OPTION WHEN BUYING THE CAR.

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. 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.

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.

The official government web site is http://dmv.ca.gov/pubs/brochures/fast_facts/ffvr35.htm

The Salesperson said I could return the car 

Be certain to get everything in writing. For example, if you're told that you can turn the return the car within a certain number of days, don't take the salesman's word for it, get it in writing as part of the contract, not just on a blank piece of paper signed by the salesman. Usually, if it is not on the printed contract, it is not binding.

My Car is a Lemon 

A Lemon Car is a legal definition - not an opinion

If the paint is peeling, the light switch came out when you pulled on it, the car makes "funny noises" but otherwise drives just fine, or you found 10 things you don't like about your new car but none of them prevent you from driving it, then No, you do not have a Lemon.

If the brakes don't work, the car won't go into reverse gear, the darn thing won't start on cold mornings or hot afternoons, the rear door opens all by itself, the driver's seat wobbles, or the car chugs along at 30 mph when it should be going 50 mph, then Yes, you may have a Lemon. Providing you've given the manufacturer an opportunity to repair the defect.

Generally, if a NEW car has been repaired 4 or more times for the same Defect within the Warranty Period and the Defect has not been fixed, the car qualifies as a Lemon. A vehicle that continues to have a defect that substantially impairs its use, value, or safety could be classified as a lemon. All States differ so you should consult the Lemon Law for your particular State. Note that the warranty period may or may not coincide with the Manufacturer's Warranty. Generally lemon laws ONLY apply to the first owner, but they may continue to apply as long as the car is under the original new car warranty period.

You may have a Lemon, but if you do nothing to protect your Consumer Rights, such as documenting your Repairs and allowing the Manufacturer a chance to fix the problem(s), you lose all rights under the various State Warranty Acts.

What about the MINNESOTA Car Buyer's Bill of Rights 

The Minnesota Car Buyer Bill of Rights passed by the Legislature does not include a provision allowing a customer a legal right to return a vehicle. A 2-day cancellation option was proposed at the beginning of the last legislative session but was ultimately removed from the bill that passed.

Click here to read an article on this law.

Can I return a car in other states 

Bills have been introduced - but none passed

Bills have been introduced in more than a dozen states - but so far they have only passed in California and Minnesota, and the Minnesota bill dropped the buy back clause. Bills have been discussed in many states for years. Massachusetts is considered to be the most likely to pass a bill in 2009.

You can visit this site to sign a petition for this bill in Nevada.

Used Car Buying Tips 

What websites to use when searching for a car

Avoid Buyer's Remorse! 

You can't return a car - so avoid needing to return a car

Don't Allow Yourself To Become a Victim of "Buyer's Remorse!"

  • Don't sign any sales contracts, lease contracts or finance contracts unless you are 200% certain that you want to go through with the deal and buy the car.

  • Don't give any car dealer or private party a deposit on a car deal unless you are absolutely sure you are going to see the deal through to it's final conclusion. A deposit is not a legal requirement. The seller wants the deposit so they can exert control. They want your money locked in before any "Buyer's Remorse" can occur.

  • The time to mull over the purchase is BEFORE you make the purchase. Take a day or two and sleep on the deal before you make your decision.

Cooling off rule - it doesn't apply 

30 day car return myth

The Federal Trade Commission's three-day right to cancel - called the Cooling-off Rule - gives you three days to cancel purchases of $25 or more made at the buyer's home, workplace or dormitory or at facilities rented by the seller on a short-term basis The cooling off rule applies only to purchases you make at home.

Now, if you convinced the dealership to come to your house and you completed the sale at your house - then the cooling off rule applies.

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  • Reply
    Pamela Pamela Nov 8, 2009 @ 12:03 pm
    Every state has laws that protect used car buyers. For instance, we are protected under the Consumer Protection Act in WA. Also, if you buy the "Service Contract", which is what my dealer called a "3 year warrantee" on a used car in WA, they are NOT ALLOWED to waive the Implied Warrantee http://apps.leg.wa.gov/RCW/default.aspx?cite=48.110.075, (even if you sign off on it) which implies that the car is in good working order and comparable to other similar vehicles in the price range. I assume other states have similar laws. I've been a paralegal for 10 years, and unfortunately got duped into buying a car with obvious electrical problems yesterday. I can't open the gas cap cover, the convertible top (although it worked during test drive), the trunk, ect. The alarm goes off for no reason. I will likely get the dealer to fix the problems for free, but if not I will get an attorney on board. Definately seek the advice of an attorney.
  • Reply
    www.usedlemon.com www.usedlemon.com Nov 2, 2009 @ 3:19 pm
    yea if you ever need help check us out at http://www.usedlemon.com
  • Reply
    cypruscar cypruscar Oct 22, 2009 @ 8:38 am
    Another great lens! cyprus car
  • Reply
    Al Al Jul 27, 2009 @ 12:27 pm | in reply to Sid
    I'll try to get the dealer to adjust to price advertised on the net tomorrow, but outlook is not great. Wish me luck!

    ==============

    Didn't work out too well, signed you agreed to the terms and signed the paperwork, did it?
  • Reply
    Sid Sid Jul 13, 2009 @ 3:17 am
    I have buyer's remorse big time. My wife and I original was going to look a used car from the internet. The sticker price at the dealer was more than the internet, but they were going to sell it for the internet price. However, my wife didn't like the car for the purpose; she was buying a commuter car for work. We were going to leave but then they brought a honda civic hybrid with the "HOV" sticker that allows you to ride the carpool lane by yourself. I wasn't too big on the car as she was, but I did like the carpool lane perk. So I overlooked the price, big mistake. Now that I'm home and back on the net, I overpaid about $3K and the "HOV" sticker will expire Jan.2011. I wished we took that "Buyer's remorse option" now even though at the time I thought it's a was of money. One of those expensive life lesson. I'll try to get the dealer to adjust to price advertised on the net tomorrow, but outlook is not great. Wish me luck! Please learn from me, thanks.
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