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Old 7th November 2005, 01:40   #1
flnsx
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I signed the papers but didn't take delivery can I cancel now?

I bought an M3 for my wife today. I signed all the papers but did not take delivery of the car.

I didnít put down any deposit.

Can I call them tomorrow and cancel?

We traded her old car too. That car is still in our possession as well.

Can you guys help me on this one?
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Old 7th November 2005, 21:27   #2
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Re: I signed the papers but didn't take delivery can I cancel now?

Quote:
Originally Posted by flnsx
I bought an M3 for my wife today. I signed all the papers but did not take delivery of the car.

I didnít put down any deposit.

Can I call them tomorrow and cancel?

We traded her old car too. That car is still in our possession as well.

Can you guys help me on this one?
If they haven't made anything wrong, like they promised to allready deliver the car and didn't, then its a problem. You would have to find something they promised, but didn't carry out. You can always try to reason with them or if not then lets say you tell them you don't have money to pay the car, I don't think they will force you to take it, if your payments are unsure.
Why don't you want to take the car, because the new one is just around the corner or that the 335i will probably get as much power as the current m3?
Good luck anyway!
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Old 8th November 2005, 01:20   #3
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Re: I signed the papers but didn't take delivery can I cancel now?

I thought that most states gave you a minimum of 24 hours to 'back-out' of a deal without any penalty. This is even if you have driven the new car off of the lot.
Bish
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Old 12th November 2005, 03:39   #4
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Re: I signed the papers but didn't take delivery can I cancel now?

if you signed the papers, this signifies your acceptance to their offer thus making a valid contract... if you change ur mind, without notice (if u have a copy of the contract then read the print..read it carefully... there should be something in there about you changing ur mind or backing out)... otherwise yes they can sue you for breach of contract....

but u know wat? ask them... if they can find another buyer for the car, then ur cool... just argue with them and say that theyde be able to find a buyer with no probs, and so neither of u lose out at the end of the day...
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Last edited by JonnybravoM3; 12th November 2005 at 03:40.
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Old 15th November 2005, 00:15   #5
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Re: I signed the papers but didn't take delivery can I cancel now?

Sorry to be the bearer of bad news, but. . . .

While federal law does require door-to-door sellers (of consumer goods valued over $25.00) to give you three days to cancel a contract, this right to cancel does NOT apply to telephone sales, mail order contracts, or sales at the seller's regular place of business, for example, a car dealership.

Since you didn't buy from a door-to-door salesman, you must ASSUME YOU HAVE NO RIGHT TO CANCEL THE CONTRACT. Very few contracts give the buyer the right to cancel, and if they do, the right can only be exercised under very limited circumstances and the buyer may have to pay for the privilege of canceling.

Most state laws mirror the federal statute. Although a particular state MAY have a statute that applies specifically to the purchase of cars, I am unaware of one that does, other than California. California recently passed a new law that offers used car buyers the chance to return cars after a two-day cooling off period (after paying an upfront fee for the right to return the vehicle), but I think this is fairly unusual. I CAN tell you that there is no such relief available in Illinois or DC.

Alternatively, the purchase contract itself may contain relief, but you need to read the contract VERY CAREFULLY to determine if this is the case. If your purchase document DOES contain a provision allowing you to recede the contract, you should double check to make sure that you haven't waived that right by signing or initialing a waiver somewhere else in the document.

So, the take away on this is you'll need to find out what kind of buyer protection the state of Florida offers. If it doesn't have something akin to the California law, you will have to rely on the willingness of the dealer to walk away from a contract that they could enforce, with the hope that they'll get some goodwill out of the deal and that you'll come back to them the next time you want to buy.

HTH,

Mrs_Struth

(edited to add: I know this is probably too late for the OP, but thought I would do my public service act for the day to dispel a rather common myth. . . )

Quote:
Originally Posted by thebishman
I thought that most states gave you a minimum of 24 hours to 'back-out' of a deal without any penalty. This is even if you have driven the new car off of the lot.
Bish

Last edited by Mrs_Struth; 15th November 2005 at 00:17.
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Old 15th November 2005, 01:15   #6
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Re: I signed the papers but didn't take delivery can I cancel now?

The dealer can hold you to the deal ... I recommend you talk to their sales manager and ask them to tear it up - I suggest you have a good reason why, and focus on the probability that you will buy from them in the future. No "smart" dealer, interested in future business, likes to tick off a potential customer. They also tend to tell their friends, so good business sense SHOULD prevail...... Good Luck!

Les


Quote:
Originally Posted by flnsx
I bought an M3 for my wife today. I signed all the papers but did not take delivery of the car.

I didnít put down any deposit.

Can I call them tomorrow and cancel?

We traded her old car too. That car is still in our possession as well.

Can you guys help me on this one?
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Old 4th December 2005, 14:36   #7
Scott in Houston
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Re: I signed the papers but didn't take delivery can I cancel now?

Wow is there a lot of bad advice and misinformation in this thread.

You do not have to take the car. Period. Forget all the arm chair lawyers saying you do. You do not.

Also, in Florida, as stated, you can back out of the deal even after giving them money and driving the car away withing 24 hours.



EDIT: Just noticed your posts is 1 month old. LOL So, what happened?
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Old 4th December 2005, 17:06   #8
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Re: I signed the papers but didn't take delivery can I cancel now?

I bought the car. I'm happy with it.

Thanks for the advice though!
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Old 5th December 2005, 05:38   #9
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Re: I signed the papers but didn't take delivery can I cancel now?

Quote:
Originally Posted by Scott in Houston
Wow is there a lot of bad advice and misinformation in this thread.

You do not have to take the car. Period. Forget all the arm chair lawyers saying you do. You do not.

Also, in Florida, as stated, you can back out of the deal even after giving them money and driving the car away withing 24 hours.
Not to beat a dead horse, but oh. . .what the heck.

Cite please? I can't find anything that indicates that Florida has enacted anything to this effect.

The Attorney General for the state of Florida says the cooling off period only applies to home solicitations:

http://myfloridalegal.com/pages.nsf/...c?OpenDocument

As does the Florida Division of Consumer Services consumer information statement on "How to Buy/Lease a New Car":

http://www.800helpfla.com/newcar_text.html

Quote:
Do not sign a contract or leave a deposit unless you are sure this is what you want to do. Remember, a contract is binding on you and the dealer. There is no right to cancel unless the contract specifically states it. If you leave a deposit, make sure you get a copy of the refund policy in writing.
So does the city of Jacksonville, for what it's worth:

http://www.coj.net/Departments/Neigh...ffairs/FAQ.htm

and Broward county:

http://www.broward.org/consumer/coi00600.htm

and the BBB:

http://www.orlando.bbb.org/AlertDetl53e5.html?ID=5


This myth is so widely believed that the corresponding department in South Carolina has compiled a list of commonly held beliefs about consumer law that are not true. http://www.state.sc.us/wcst/sp/ms/dc...-myths_ppt.pdf

It has actually received calls from lawyers requesting the citation to the statute permitting consumers to return vehicles after a certain number of days after purchase Ė which, of course, does not exist. There are several other statutes that provide limited cooling-off periods for other consumer related situations Ė but not for automobile sales.

As soon as you sign the contract on an automobile sale, you are legally obligated to make all the payments. The only way you'll get relief from this obligation is if the dealer decides it is in his best interest to renegotiate and release you from those obligations.


But what do I know. I'm not licensed in Florida.

by the way, and most importantly, flnsx, good to hear that everything worked out ok for you.


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