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  1. #1
    Join Date
    Mar 2020
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    4111 Snyder Avenue, Charlotte, North Carolina(NC)
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    11

    Default Is Returning a Purchased Used Car Consumer Law

    My question involves a consumer law issue in the State of:

    Hi, I purchased a used car from the dealership, is it possible to return it to the dealership? The vehicle is under finance.

  2. #2

    Default Re: Is Returning a Purchased Used Car Consumer Law

    1) Could you explain (briefly) why you want to return the car? Your reasons for wanting to return the car could make a difference to the answer.

    2) It would help to know in which state this issue arises, because state law might have something to say on the subject and different states have different rules about this kind of situation.

    3) It would also be necessary to review the relevant terms of the purchase contract.

  3. #3
    Join Date
    Sep 2010
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    19,604

    Default Re: Is Returning a Purchased Used Car Consumer Law

    We need to know the state. There's a right of recession in a few states, but most do not have it. Also, how long have you had the car?

  4. #4
    Join Date
    Jul 2018
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    2,243

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting EllenMichael
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    I purchased a used car from the dealership, is it possible to return it to the dealership?
    I'm sure it's possible. Assuming your intended question was whether you have a right to rescind the purchase/sale, that will depend on how long it's been since you bought it, the laws of your unidentified state, the terms of the purchase/sale contract, and the reason(s) why you want to rescind the deal.

  5. #5
    Join Date
    Oct 2014
    Posts
    7,859

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting flyingron
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    There's a right of recession in a few states, but most do not have it.
    That would be a right of rescission. I don't know any state that provides for a right of rescission for a used car sale from a dealership, but if any do I am willing to bet it is a cooling off period kind of law that gives only a very, very short time to rescind the sale, e.g. 3 days.

  6. #6
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    380

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting EllenMichael
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    My question involves a consumer law issue in the State of:

    Hi, I purchased a used car from the dealership, is it possible to return it to the dealership? The vehicle is under finance.
    There appears to be no Rescission exception for used cars, although 43 can apply, but facts are rare. Of course, even if sold "as is" any safety defect not pointed out can/will be grounds to cancel.

    38 and 39 deal with the 3 day rule, but it deals with HOME solicitation sales only.

    https://law.justia.com/codes/north-c...apter_25a.html

  7. #7
    Join Date
    Sep 2010
    Posts
    19,604

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting Taxing Matters
    View Post
    That would be a right of rescission. I don't know any state that provides for a right of rescission for a used car sale from a dealership, but if any do I am willing to bet it is a cooling off period kind of law that gives only a very, very short time to rescind the sale, e.g. 3 days.
    Yes, darn autocorrect: Rescission. And yes, it is rare, but there is at least one stat that has it had yes, it's time-limited (2 days), which is why I asked the state name and when the purchase was.

    Oops, I missed their location was Charlotte in their profile (just down the road here). RJR is right, there is no right of rescission here.

  8. #8
    Join Date
    Apr 2020
    Posts
    1

    Default Re: Is Returning a Purchased Used Car Consumer Law

    I would like to know if i could sue the store who sold me Meds. I've been taking Lasartan for seven months then they had a recall on it because it was causing cancer. But the thing is I was diagnosed with cancer around the two months before the recall. Please give me advise?

  9. #9
    Join Date
    Mar 2013
    Posts
    17,803

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting Winthrope
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    I would like to know if i could sue the store who sold me Meds. I've been taking Lasartan for seven months then they had a recall on it because it was causing cancer. But the thing is I was diagnosed with cancer around the two months before the recall. Please give me advise?
    Consult a medical malpractice or products liability attorney. That's about all anybody can tell you here.

  10. #10
    Join Date
    Oct 2014
    Posts
    7,859

    Default Re: Is Returning a Purchased Used Car Consumer Law

    Quote Quoting Winthrope
    View Post
    I would like to know if i could sue the store who sold me Meds. I've been taking Lasartan for seven months then they had a recall on it because it was causing cancer. But the thing is I was diagnosed with cancer around the two months before the recall. Please give me advise?
    I'm guessing you mean the drug Losartan. The manufacturer of the drug has issued a recall for certain lots of the drug for containing impurities that are known or suspected to be carcinogens. You usually need to be exposed to a carcinogen for an extended period of time before cancer appears, and you've only been taking it for seven months. So you might have trouble establishing that it was the impurities in the drug that caused your cancer. Of course, the nature and extent of the cancer would matter greatly. While challenging, with the right facts you can win a negligence/product liability claim against a drug manufacturer. And it would be the drug maker, not the seller of the drug (e.g. your pharmacy) that you would sue for this. At least in most states the pharmacy would only be liable if the pharmacy knew or had reason to know the drug was defective, e.g. sold you product that was subject to the recall after the recall had been issued. Before the recall, the pharmacy would almost certainly not have known of the impurities in the drug. See an attorney who handles drug liability in your state for advice on this. Given the complex laws that govern the manufacturing and sales of prescription drugs you need an attorney familiar with how these kinds lawsuits are done.

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