If I traded an SUV to a mid-size car by find out it is hard for my wife and I to get in and out of, can I demand the trade-in back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I traded an SUV to a mid-size car by find out it is hard for my wife and I to get in and out of, can I demand the trade-in back?
Asked on December 13, 2015 under Business Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
No, you can't get out of the sale because you discovered, after the fact, taht the vehicle doesn't work for you. You can only rescind or void the sale if the dealership breached it's obligations in a *material*, or important way, such as by selling you a different car than the one you ordered, or knowingly lied about something material or important that you can show was a critical part of you deciding to buy the vehicle. However, some problem that you have with the vehicle which is not the seller's fault is not something they are responsible for, and therefore not grounds to undo the sale.
As to the security system issue: *possibly* you could get out the sale on this ground but:
1) It would have to be unfixable--they have to have a chance to fix it.
2) You'd have to show that having this security system was a critical or key part of you deciding to buy the vehicle.
3) You'd have to show that they system didn't work *when* they sold it to you.
4) And you'd have to show that they lied about the system working--that they knew it didn't work when they told you it did.
Even if you believe you can show all this, if the won't voluntarily take the car back, you'd have to sue them. It may be easier and less costly to sell the new vehicle and get a replacement.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.