Full question:
A dealer ship had a buy now price on a motorcycle. I bought the motor cycle and paid for the bike. His employee did the listing. I bought the bike for the sum of $60.00. he then stated that he had average price of $65.000.00 but when i looked in the motor cycle trader he has it listed for sale at 59.900.00 he want to back off the sale what legal actions can I take
- Category: Contracts
- Subcategory: Recission
- Date:
- State: California
Answer:
Rescission is a legal remedy that cancels a contract, treating it as if it never existed (Cal. Civ. Code § 1688 et seq.). This remedy assumes the contract was validly formed but effectively nullifies it. If there was no agreement on essential terms, it may be determined that no contract was formed. If money has changed hands or possession has been taken, there may be an equitable remedy. However, rescission cannot occur if no contract was formed.
A contract can be rescinded by mutual agreement or unilaterally under certain grounds. Unilateral rescission may be based on mistakes, fraud, or duress (Cal. Civ. Code § 1689). For example, if your consent was obtained through fraud or a significant mistake, you might have grounds for rescission.
In your situation, if the dealer's employee misrepresented the price or if you were misled about the terms, you could argue that you were a victim of fraud or mistake. You would need to notify the dealer promptly of your intention to rescind the contract (Cal. Civ. Code § 1691). This notice is essential for initiating rescission.
Additionally, you must restore any benefits received under the contract, which in your case would involve returning the motorcycle in exchange for your payment of $60 (Cal. Civ. Code § 1691(b)). If the dealer refuses to honor the sale, you may need to pursue legal action to enforce your rights.
For further assistance, consider consulting a legal professional to explore your options based on the specific circumstances of your case.
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.