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?

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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 5 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.
 
 


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