Full question:
I bought a used horse trailer with living quarters in North Carolina. It has a badly rusted place in the frame and a leak in the gray holding tank. Can I take it back and get my money back? We purchased it Monday morning the 3rd of August. We are in GA now and would like to know should we hook-up and head back to n.c. tonight. Does buyers remorse law or the 3 day cooling off period law applicable?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Georgia
Answer:
Buyer's remorse is an emotional response and does not provide a legal basis for returning a purchased item. Generally, there is no law requiring merchants to offer refunds or exchanges unless the product is defective or there was misleading advertising. If you discover serious defects, check if the seller has a return policy or if any warranties apply.
The Magnuson-Moss Act sets standards for warranties and can hold sellers accountable for defects. However, used vehicle dealers are not legally required to provide a three-day right to cancel. This right exists only if the dealer allows it.
The Federal Trade Commission's (FTC) Cooling-Off Rule permits consumers to cancel certain contracts made outside the seller's regular place of business within three business days. This rule applies to contracts over $25 and guarantees a full refund if cancellation is requested within the cooling-off period. The seller must inform customers of their rights and provide necessary documentation.
However, some sales, like those negotiated at the seller's regular location, may not be eligible for cancellation. In your case, since you purchased the trailer in North Carolina and are now in Georgia, you should review the terms of your purchase and the seller's policies before deciding to return.
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.