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Can I return a car back to a dealer?

Can the car dealer keep my downpayment if I return a car within the 72 hour contract back-out time?

  • I bought a car from a Houston Car dealer, the next day I took it to my mechanic because it had problems. Turns out it has MANY problems. I understand in TX we have 72 hours to back out of a deal like this.So, I took this car back to the dealer. After negotiation with the Manager they said they would take back the car but only if THEY keep the downpayment and only if I buy another one of their vehicles. Is this legal?

  • Answer:

    there is no 72 hour rite of refusal law to a car dealer, that law was originally made because of door to door salespeople, most notably the Kirby vacuum sales. its called a at home solicitation law which gives you a 3 day rite of refusal. end of story. however what the dealer is doing for you is better than most dealers. they would usually say you are out of luck and just move on. sounds like they are a reputable dealer and are doing everything in there power to help you out. i would look around and have them let you take the next car to your mechanic first and let him tell you upfront or better yet take him with you to the dealer. but remember mechanics only get paid by fixing your car so they are going to find something wrong with just about any car. keep that in mind and good luck.

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There is NO right to return a car because you changed your mind. There is NO right to return a car because you changed your mind. There is NO right to return a car because you changed your mind. I can not say this enough!!! The 72 hours rule that everyone keeps talking about applies to in home sales. It does not apply when you go to a "normal place of business". It was designed to prevent people from being pressured into signing contracts just to get the salesman to leave their home. When you go to a place of business, you always have the option of walking out. You can not walk out of a sales situation in your own home. When you take delivery of a vehicle, and drive it off the dealers lot, you own it!! The dealer is not required to take it back, and most likely will not. If he does, you will have to buy another vehicle from him, because he is not going to refund your money. If you bought the car AS-IS, you can sell it back to the dealer, subject to the terms he offered you. If there is a warranty on the vehicle, and the problems are covered under the warranty, then they should repair the car. You should have taken the car to be checked out by your mechanic PRIOR to purchase!! As it is now, you own a car. You can sell it to someone else, you can accept the deallers offer, or you can keep the car. Sorry!!

fire4511

There is no state that allows for this right, it's for in home sales only to protect consumers from solicitors, you solicited their establishment. You do not have any right to return the car. The dealer is making you an offer to take the car back, but you have to buy another one, and you will lose some money. They have every right to do so. You should have had the car looked at ahead of time. Consider this an expensive lesson learned.

jay

Yes. There is no TX law (or any other state) granting a 72 hour return on a car. That "cool-off" period only applies to contracts you sign in your home. You should have had it inspected before you bought it. Isn't there a warranty on the car?

shelcom

Sorry baby, when the dealer verified your insurance, paper tagged the car and you drove it off the lot, you have completed a sales contract. The dealer is free to sell your trade-in at that very instance. At this point you have a civil matter and they have several lawyers on retainer. I've had two bad deals from dealers on a car lot. I'm from Texas. I became enlightened ... the hard way. Oh yeah, the lawyers you contact will probably want about 18k to start your case.

blessed_thang

Sorry I have no idea about Texas law. However, in CA you can pay $175 restocking fee to be able to return it within 72 hours. This is a California Lemon Law and the dealer will give you this option in CA only. You should go to the Texas DMV website.

Jared

If there is no misrepresentation, fraud, or illegal activity involved in the deal you own the vehicle. You stated the dealer would keep your down and take the vehicle back; will they use the down payment on your next purchase? If yes, pick a vehicle, have it inspected, and if OK make the deal-you will be well ahead of the game. Besttoyou, Chuck 30 years/thousands of deals www.thebestdealofyourlife.com

TheCarGuy

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