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 right to return the car will depend on all the factors involved, such as the sales contract's warranty terms, 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
If you have tried unsuccessfully to have your new vehicle (purchased in Virginia) repaired three or more times for the same problem, or the vehicle has been out of service for more than thirty days in one year, your vehicle may be classified as a lemon under the Virginia Motor Vehicle Warranty Enforcement Act.
If you think your vehicle is a lemon, contact the Office of Consumer Affairs before filing a claim under this Act. All claims must be filed within 18 months following the date you first received the vehicle.
For more information about Virginia's Lemon Law, contact:
Office of Consumer Affairs
Virginia Department of Agriculture and Consumer Services
102 Governor Street
Richmond, VA 23219
(804) 786-2042
1-800-552-9963
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 If a breach or fraud is found, it is possible that the contract may be rescinded and/or damages may be recovered.
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.
