QUESTION
Can a car dealership request their vehicle back after you've already traded in your vehicle?
Asked on Dec 29th, 2014 on Consumer Law - Kentucky
More details to this question:
My husband traded in his 2007 Dodge, for a 1988 Ford F250 on Saturday December 27th and they called him today, the 29th, and said we need to bring back the Ford because they didn't realize that my husbands truck had a rebuilt title. We do not want to give the truck back because we have already signed a contract, and have a receipt of the sale. The dealership signed it, and now they want it back because the truck doesn't have a "clean car fax" so to speak, and it would be hard for them to sell it because of previous experience with a truck and a rebuilt title. I'm not sure if they can take the truck from us, or if we can just tell them we aren't going to break the contract and deal that we made with them, but we don't want to give the truck back. I just want to know if they can even do that before we hire a lawyer in our area. Thank you!
1 ANSWER
The only way to know for sure is to have a car sales fraud lawyer go over all the sales paperwork and your entire story with you. But basically, if you answered their questions truthfully and did not hide anything from them which you knew about, then they very probably can not make you do anything. If you did not have the truck title with you when you traded it into the dealer and you knew at that time that the title was branded with "rebuilt" on it, then they may be able to cancel it. But if the truck title itself is not branded as rebuilt, and you did not know it either, then the fact that it is on the car fax is very probably not your problem and the dealer would not have the right to cancel the deal. If you talk to a lawyer, make sure it is a car sales fraud lawyer and not just a general lawyer because the law in this subject is not something lawyers normally are trained on in law school at all. Thanks for asking.
Answered on Dec 29th, 2014 at 1:57 PM
Answering questions on a forum like this is not legal advice and does not create an attorney-client relationship.