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- From: dman@netcom.com (Dallman Ross)
- Newsgroups: ca.driving
- Subject: Re: Contract cooling off period
- Message-ID: <1992Dec30.072039.8307@netcom.com>
- Date: 30 Dec 92 07:20:39 GMT
- References: <42922@sdcc12.ucsd.edu>
- Organization: Netcom - Online Communication Services (408 241-9760 guest)
- Lines: 72
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-
- Thomas Marvan (tmarvan@sdcc3.ucsd.edu) wrote:
-
- : I just bought a new car and, having signed and driven off in my new
- : (used) Ford Escort 1990, I went over the papers in the calm
- : atmosphere of the local Denny's and realised that I'm not quite
- : happy with the numbers.
-
- : Basically, because I agreed to pay over a two year period, it's
- : gonna cost me extra. I now realise that I could almost pay the
- : whole thing off straight away which would save me over a thousand
- : bucks.
-
- : Is it easy enough to go back and change the contract without
- : penalty? I know in Australia there's a ten day cooling off period
- : within which if the purcahser chooses, he may return the car and
- : cancel the contract without penalty.
-
- : Are there similar cooling off laws in California (I bought the
- : vehicle from a reputable dealer, BTW)?
-
-
- My qualifications for my answer: from 1977 to 1980 I sold new and used
- cars, and was briefly the finance manager (like the guy that wrote
- up your contract and negotiated the terms with you). I am currently
- in my final year of law school.
-
- That said, I have not looked any of this up, and the laws in this
- area are prone to change all the time. So this should not be advice
- that is relied upon without consulting further sources.
-
- The "cooling-off period" in consumer contracts usually applies only to
- items you buy in your home. Example: a vacuum-cleaner salesman shows
- up at your door and sells you an $800 system. 3 days, is the cooling-
- off rule. Statutes in California extend the time that you can back
- out of a contract in certain other specified areas, such as contracts
- for repair work by certain licensed professions. This period is
- also 3 days. But car sales are not covered by any of these specific
- statutes, as far as I know; and if you consummate a deal at the dealer-
- ship under fully-disclosed terms and take delivery of the vehicle,
- the contract is arguably binding.
-
- That said, there are usually arguments to be made that strengthen your
- position, and deals can sometimes be cancelled even when there is
- araguably not a good reason for the dealer to do so. Sometimes the
- dealer will do this out of good will.
-
- However, consumer loans such as auto loans can always be prepaid with
- no interest penalty. You don't need to cancel any contracts. Just
- read the fine print of your installment loan agreement. You can go
- to the institution and prepay the whole thing. At most, there might
- be a $25 or $50 minimum underwriting "fee" that you would pay.
-
- If it's just the interest rate that you're unhappy with, and if you
- have good credit and stable employment and the dealer financed the
- car for you through his (her) bank, you may also be able to get the
- dealer to renegotiate the terms for a better rate. The dealer would
- rather finance you at a lower rate than have you pay off the balance,
- since s/he makes some money on the financing.
-
- Once again, this is all opinion, not legal advice. If it happened to
- me, my reaction would be that I didn't need to worry about reneging
- on any agreements. I'm sure you can pay off the loan whenever you
- want.
-
- I will email this, as well.
-
- --
- __D_a l_l m a_n _ R o_s s _ |dman@netcom.com /or/ |"You sound like a man|
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