How to rescind used car purchase agreement?
Question Details:
I made a deposit of $2500 in an agreement to purchase a $13,500 used car. When I came to the dealership and looked at the car, the salesman said it was not possible for me to test drive the car because this would add mileage to the car and complicate the sales process with other prospective customers. I have since learned by speaking to other representatives in the company that this is not company policy. Is the salesman’s misrepresentation of company policy and his refusal to allow me to test drive the car sufficient grounds for my cancelling the purchase agreement getting my deposit back?
Business Law Answers
I think you need to start with the dealership's management about this. It's most likely that in times like these, they'll want to make you happy with something other than a refund; even if you don't end up having the right to the refund, it will cost them legal fees to defend your lawsuit, should you file one.
Without seeing the agreement you signed, I can't tell you that you can get the money back. The misrepresentation about company policy probably aren't enough to get you out of the deal with your money. If you go to court, you can expect to hear the dealership's lawyer argue that you should have refused to sign or make the deposit until after you did get a test drive.
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