Legal Question in Business Law in Virginia

Returning a used car

My brother recently traded his vehicle in on another vehicle but has had second thoughts. It has been one business day since he signed the contract for the trade in. He has only driven the vehicle home and has not driven it elsewhere. Is there any way he can return the vehicle and get his old car back?


Asked on 12/09/04, 8:24 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Returning a used car

You should give them a written notice TODAY of

your intention to cancel. I don't know if

your contract can be canceled. But I do know

this -- you will have no chance if you wait

past 3 days to cancel. My colleague is right

that normally a contract is final. There are

certain consumer laws that may give you a right

to cancel in 3 days, especially if it involves

financing. I don't know right now if you can

use these consumer laws, but you will have 0

chance if you don't act immediately to give

a written cancelation.

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Answered on 12/10/04, 1:53 pm
Richard S. Stolker Uptown Law, LLC

Re: Returning a used car

Ordinarily, a contract to purchase a vehicle is a final sale. There is no "cooling off" or rescission period.

Under the circumstances, you may be able to persuade the dealer to rescind the sale, but there is no requirement that the dealer agree to it. If they do agree, be prepared to pay a fee.

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Answered on 12/10/04, 8:50 am


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