Saturday, April 5, 2014

Does Oregon have a 3 day return law for car purchases?

The short answer is no. The 3 day return law (or 3 day right of rescission) generally applies to real estate purchases, and not to vehicles. But that does not mean you are completely out of luck. If you really want to return the car you just bought and get your money back, you may be able to use some of the following methods:

1. Denied financing

If you signed a financing agreement at the dealership, the dealer is likely looking to “sell” the financing contract to a lender under the terms stated. If the dealer cannot find a lender who will approve the financing under those terms, you have the right to cancel the contract. Many dealers don’t know this law, so expect some opposition. They will likely try to pressure you into a new financing agreement with a higher APR and/or monthly payments. 

2. Lemon Law - Trouble with new cars

If it’s a new car you bought, Oregon’s lemon law allows you to bring the car back to the dealer for repairs. If the problem remains after 3 attempts (or 30 days in the repair shop, or 2 attempts to fix a serious safety defect) you have the right to return the car and get your money back.  

3. UCC Rejection/Revocation

The Uniform Commercial Code allows the purchaser the right to reject or revoke any good if it does not conform to the contract. So if the dealer promised you a car with a V-6 engine, but you were given a 4 cylinder engine, you may be able to “undo” the contract and get your money back.

4. Unlawful Trade Practices Act (UTPA)

The UTPA provides the consumer with protections against a wide range of deceptive tactics, some of which include lying about quality of the vehicle, and failure to disclose serious problems. Although the UTPA does not specifically provide a remedy to “undo” the contract, if the problem causes severe reduction to the value of your car, you may be able to get a full rescission. Be prepared to face great opposition from the dealer, as they will attempt to hide behind the “as-is” clause of your contract.

The best thing to do is to contact an attorney who will know how to handle these situations and help you maximize your recovery. If you are determined to go at it alone, just be prepared for long waits and bitter fights. If there’s one thing dealers hate, it’s taking a car back.