Legal Question in Consumer Law in Tennessee

URGENT - Right to Rescind auto contract in Tennessee

This is an extreme urgent matter! I need an answer by 2:00 p.m. est 10/15/07, if possible. Used car dealer sold car on 9/27/07 (date contract signed by 1st party). Contract was Fed Ex'ed to cosigner and signed and returned to dealer on 10/11/07. A $4k downpayment check was written where it was known that the funds were not immediately available with contingency that current non-tradable car would be sold to cover the $4k check written. Dealer allowed car to be driven off the lot and in my daughter's possession from 9/27/07 - 10/14/07. Car to be sold had mechanical difficulties that had to be repaired prior to sell which took longer than expected due to delivery of part and repair time. Dealer has been threatening for a week to report the car stolen if they do not receive the $4K and have my daughter put in jail. We asked if we can rescind the deal based on the fact that they were aware of the need to sale car for the downpayment. Dealer will not allow the car to be returned and is demanding the $4k. What can we do!

Asked on 10/14/07, 7:16 am

1 Answer from Attorneys


Re: URGENT - Right to Rescind auto contract in Tennessee

If your contract was contingent on the sale of your other car (in writing) then those terms are enforceable.

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Answered on 10/14/07, 9:44 pm

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