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:
- State: Ohio
Answer:
Your right to return the car depends on several factors, including the terms of your sales contract, whether the car is new or used, and if it was purchased from a regular dealership. Generally, federal 'cooling-off' rules do not apply to vehicle purchases made at permanent dealerships.
In Ohio, the Lemon Law may apply if, within the first year or 18,000 miles of owning a new vehicle, the dealer has tried to fix the same issue three or more times, or if the vehicle has been out of service for repairs for a total of 30 days or more. You may also have grounds to rescind the contract for fraud, incapacity, duress, undue influence, material breach, or mistake. To prove fraud, you must show that the seller intended to deceive you, and that you relied on their misrepresentation to your detriment. A material breach occurs when the breach is significant enough that it undermines the value of the contract.
Ultimately, whether you can return the car will depend on the specific circumstances and could require legal interpretation. If you believe there has been a breach or fraud, you may have grounds to rescind the contract or seek damages.
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.