Can I claim buyer's remorse in Ohio since the car broke down the same day I bought it?

Full question:

I just bought a brand new 2009 Ford Focus. I drove less than a hundred miles the day I bought it and then I went to the store and when I came back out I was unable to start the car. I called Ford Assistance and two hours later they towed it back to the dealer. I just bought the car. The dealer is closed on Sundays and they will not look at the car until Monday. Problem is that 72 hours will have passed before I find out if what is wrong with my car is a big deal or little deal. Should I claim buyer's remorse first thing Monday morning and turn it back in?

• Category: Contracts
• Subcategory: Recission
• Date: 04/07/2025
• State: Ohio

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.shtm

The Ohio Lemon Law applies most commonly when, during the first year or 18,000 miles 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 30 or more days.

Courts 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.