Can you return a car?

A car which is sold without a warranty is sold "as is." That means the seller has no obligation to fix any problem that may arise. Check the Buyer's Guide window sticker to determine if you will receive a warranty. That sticker will tell you if you have a warranty, or if you are buying "as is."

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."

Rep. Bird of Utah tried to have a bill passed in Utah. In February of 2011 he explained the bill to the committee assisted by Melanie Briggs, West Jordan City Clerk, relating a personal experience. Unfortunately, Craig Bickmore, New Car Dealers Association, and Wayne Jones, Independent Auto Dealers Association, spoke against the bill and the bill never made it out of committee. So no additional protection for consumers in Utah.

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

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.

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.

If you buy a car that is financed through the dealership, the dealer CAN cancel the contract, but typically only if you are notified within 10 days of the date on the purchase contract.

As with all contracts, the specifics are tied to YOUR SPECIFIC CONTRACT. Typically you sign a document that is called "RETAIL INSTALLMENT SALES CONTRACT." This will typically have a section "Seller's Right to Cancel." This section tells you that after you sign the purchase contract and leave with the car, the dealership is going to find a finance company or bank to buy your contract (this is much like what happens with home mortgages). If the car dealer cannot find someone to buy your purchase contract, it can cancel the purchase contract. In this scenario, the dealership is required to return to you all consideration given for the purchase. This includes any cash you paid and your trade-in vehicle (or if your vehicle has already been sold, the value of the vehicle).

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.

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 - but so far no progress!

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.

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.

Purchaser can cancel a contract within 90 days if they can show the dealer failed to disclose or provided an inaccurate disclosure of the following items:

• Distance travelled (within lesser of 5% or 1,000 km)
  
• Wrong statement used when distance travelled unknown
  
• Prior use as daily rental, emergency vehicle, taxi, limo
  
• Make, model, and model year
  
• Irreparable, rebuilt or salvage brand

Carcraft is a large Used Car Dealer in the UK with more than 10 dealerships. There is no law requiring them to accept a return, but they have created an exchange option. If within 7 days of buying your car you aren't totally happy with it, just bring it back to us and we'll exchange it for an alternative of your choice from our showroom. The only condition is that you have done less than 500 miles since taking delivery.