Can I opt out of a used car contract if the car died on me in 2 days of purchase

[LadyLewis2012]

My husband and I got a car from Orr Nissan Wednesday, the 7th. Two days later the car stalled and would not drive past 20mph. I had to turn the car on and off to get it to go. I called the dealer once I made it to my destination and informed them of the problem. They instructed me to bring the car if I could get it there. We arrive with the car and they apologized for the inconvience. I stated that I didnt want the car because it was clear something was wrong with it. I went on to tell them how I was unsatisfied with the service and didnt appreciate being lied to or being told if anything was wrong. They gave me a rental instead of giving me the option of getting a new vehicle. Yesterday, the 10th, we went into the dealership to speak with the manager about the problem. They sent us 2 different people to talk to instead of the person we needed. Once we got to speak with the manager, he went on and refused to allow us to opt out of the contract. He said there isnt a clause in the contract saying we had the right to do so. He also stated that he wasnt going to put us in another vehicle. He wanted us to let him find out what's wrong with the car and get back to them. We continued to tell them that we werent satisfied with the car and no longer wanted the vehicle. He really didnt care about what we had to say. But here is the kicker, they let us sign the contract with paying the down payment. They told us we could bring they the payment in 9 days(out nxt pay period). So can we get out of this contract since we havent paid any monies yet and the car killed on us within 2 days of purchase???
Is there a 14 day rule/law that gives customers the option to decide to keep the car or bring it back.

 

[mightymoose]

Hmm...
You did receive the vehicle, but they currently have it.
You have paid no money so far.
You.do still have a rental?

If you are in possession of something of the dealers you are going to owe something.

If you don't want the car I suggest you return your rental immediately. Offer to pay a reasonable amount for the time you had the car and the rental. If they accept, get it in writing that you are released from the contract. If they do not accept, consider walking away with no vehicle and making no payment.

If the dealer wants payment they will have to go through the courts, and since you don't have the vehicle it may not be worth it to them to pursue... but they might, and if they do you are likely at a disadvantage.

Without a warranty, your purchase of the used car was as-is and any problems that come up after you take possession are also yours. Also, if you have already registered the car with the state then all bets are off. The dealer can have the vehicle removed from the lot and you can be stuck with expensive tow and storage fees.

It sounds like the dealer is making a good faith effort to fix the problem. The dealer has no obligation to take the car back.

I know what I would likely do, but I tend to take risks a little easier than most.

 

[disagreeable]

You submitted loan paperwork to pay for the balance. That will likely be deemed consideration and you have bought yourself a car.