Full question:
In the state of Virginia can I get out of a contract for a new automobile?
- Category: Contracts
- Subcategory: Recission
- Date:
- State: Virginia
Answer:
Your ability to return a car in Virginia depends on several factors, including the terms of the sales contract and whether the purchase was made at a regular dealership. Generally, federal "cooling-off" rules do not apply to vehicles sold at permanent locations, meaning you typically cannot return the car simply because you changed your mind.
If you have attempted to repair your new vehicle three or more times for the same issue, or if it has been out of service for more than thirty days within a year, it may qualify as a lemon under the Virginia Motor Vehicle Warranty Enforcement Act. If you believe your vehicle is a lemon, contact the Office of Consumer Affairs before filing a claim. Claims must be filed within eighteen months of receiving the vehicle. For more details, reach out to:
Office of Consumer Affairs
Virginia Department of Agriculture and Consumer Services
102 Governor Street
Richmond, VA 23219
Additionally, a contract may be rescinded for reasons such as fraud, incapacity, duress, undue influence, material breach, or mistake. To prove fraud, you must show that the other party intended to deceive you. If deception led you to rely on a promise that caused harm, you might be able to recover damages. Fraud can also occur through nondisclosure of important facts. To establish a material breach, the breach must be significant enough to render the contract worthless. Courts will evaluate the circumstances to determine if a material breach or fraud occurred, which could lead to rescinding the contract and/or recovering 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.