Full question:
We bought a car 10 days ago, we are not happy with the car. We would like to return the car. What can we do?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Mississippi
Answer:
Your right to return the car will depend on all the factors involved, such as the sales contract's warranty terms, whether it was a new or used car, and whether it was a sale at a regular dealership. In some cases, the federal "cooling-off" rules allow a person to return a purchase, but automobiles, vans, trucks, or other motor vehicles sold at temporary locations, provided the seller has at least one permanent place of business, aren't covered. Please see:
http://www.ftc.gov/bcp/edu/pubs/consumer/products/pro03.shtmThe Mississippi Lemon Law applies when, during the first year following delivery of a new vehicle,
the dealer has attempted to repair the same problem three (3) or more times, or
the vehicle has been out of service for repairs at the dealership for a cumulative total of 15 or more business days.
Please see:
http://www.ago.state.ms.us/images/uploads/forms/LemonLaw.pdfCourts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. In order to prove a fraud claim, it must be shown that the defendant had an intent to deceive. If deception was used to induce another to rely on a promise and such reliance caused harm, it is possible to recover damages. Fraud may be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.
To prove a material breach of contract that relieves a party of the obligation to perform their end of the bargain, it must be shown that the breach was significant enough to cause the transaction that was bargained for to no longer have value. It will be a matter of subjective determination for the court based on all the facts and circumstances involved, to determine if there has been a material breach of the contract or fraud. If a breach or fraud is found, it is possible that the contract may be rescinded and/or damages may be recovered.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
