Legal Question in Consumer Law in Ohio

return a new car to the dealer

My friend was overwhelmed by a zealous high powered car salesman and talked into buying a mustang which she cannot afford, and writing a check for 8,000 all her life savings. A day later she wants to cancel the deal, she stopped payment on the check and is trying to return the car. What legal recourse does she have? what can they do to her? They have threatened jail for a bad check. help!!


Asked on 8/28/06, 1:17 pm

1 Answer from Attorneys

Matthew Hawley Matthew Hawley, Attorney at Law

Re: return a new car to the dealer

Unfortunately, it is a common misconception that buyers in Ohio can automatically revoke or cancel a sale of an automobile within 3 days. Based on the information provided, it is apparent that your friend breached her sales contract. There are, however several laws which may assist your friend with her issue.

Both Federal and State Law offer consumers protection from certain actions by sellers. Specifically, the Consumer Sales Practices Act offers Ohio consumers some recourse if the seller has acted wrongly.

For example, under Ohio Revised Code Section R.C. 1345.03(A), a seller is prohibited from committing an unconscionable act which may include knowingly taking advantage of the consumers reasonable inabliity to protect hi/her interests because of their physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of an agreement.

This is one of many consumer laws which may be relevant to your friends situation.

There may be a criminal issue as well faced by your friend in regards to her cancelling of the check as well as retaining possession of the vehicle. I must advise that she seek the help of an attorney immediately.

Sincerely,

Matt Hawley

Read more
Answered on 8/28/06, 2:54 pm


Related Questions & Answers

More Consumer Law questions and answers in Ohio