Can I opt out of Car dealership contract

[JJohnson82]

My wife purchased a new car on 6/19, the finance manager who completed the paper work stated the vehicle came with a 10 year 100,000 mile warranty, however never discussed the cost for the warranty. The person also "added" GAP coverage and life insurance on the loan, saying they can get a lower rate with the life insurance.

She tried multiple times to call and cancel the warranty and insurances but has received no responses thus far.

Is this a breach of contract by dealership?
Can she opt out of the financing contract?
Do I have any legal recourse?

 

[army judge]

My wife purchased a new car on 6/19, the finance manager who completed the paper work stated the vehicle came with a 10 year 100,000 mile warranty, however never discussed the cost for the warranty. The person also "added" GAP coverage and life insurance on the loan, saying they can get a lower rate with the life insurance.

She tried multiple times to call and cancel the warranty and insurances but has received no responses thus far.

Is this a breach of contract by dealership?
Can she opt out of the financing contract?
Do I have any legal recourse?

Visit the dealership and invest the time to tell SOMEONE (face to face) that you wish to cancel the "GAP" insurance and the "warranty".

Doing this by telephone is, as you've discovered, impossible.

Besides, you'd have no proof, even if they said they canceled it.

Now, the way this most often works, is you'll cancel the contract.

You'll get signed documentation to PROVE it was canceled.

The dealership will cut you a check for the entire amount you would have paid.

Or, they'll tell you a check will be mailed to you in so many days.

If you're real lucky, they'll back it out of the amount financed and create a new contract.
(This is the best solution, but the most rarely used.)
(This way you don't get screwed as badly.)

Generally, they keep it in the amount financed.
(Yeah, it may not be perfect, but you've got your money back!)
(They have to always try and find a way to screw you over.)

They obviously are avoiding you.

Its impossible to avoid you if you appear in their dealership.

Don't let them tell you the finance manager isn't available.
He/she doesn't have to be available.
There are others that can assist you.
Just make sure you don't leave without satisfaction, or an appointment to have it done.

This isn't a breach of contract.
This is what you or your wife agreed to have financed.
Albeit, their answer was rather sleazy and evasive.

Yes, you can void the contract.
I don't know what you mean, by "opt out".
You can always pay off the entire amount owed at anytime.

Generally, in most states, you have until you make the first payment, 30 days, or 45 days (depends on when your first payment is due); to void the contract.
This permits you to effectively cancel the contract and return the car.
There is a complicated legal theory behind this, but I've summarized it.
And, in order to do this, you have to say the right "magic words".
You will usually owe for the use of the car, however, if you do void the contract and return the car.

 

[JJohnson82]

I was trying to avoid the 2 hour drive but I will.

So, I do have the right to cancel the original agreement and have them draw up a new contract?

 

[army judge]

I was trying to avoid the 2 hour drive but I will.

So, I do have the right to cancel the original agreement and have them draw up a new contract?

No, :no: no, :no: no.

I never said you had any rights.

This isn't about rights.

You have to be cagey and negotiate, not demand. :yes:

If you do this correctly, you'll either get a new contract without the unwanted elements.

Or, they'll cancel the unwanted elements, and you'll get a check for their cost.

You may not get a new contract.

But, you'll get compensated for their costs.

You can then keep the check, or apply it to the finance costs, by paying the finance company or bank.