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Mad Marv

Unwinding A Deal

August 7, 2012

Who doesn’t like unwinding with an adult beverage after a long day? Well, this month, I’d like to talk about the other, less relaxing definition of “unwinding.” I’m talking about unwinding a retail deal that has already been delivered. You may think I’ve finally fallen off my rocker, but I do feel there are situations when letting a customer out of a deal is the right thing to do.

I understand why the mere mention of unwinding a deal strikes fear in your heart. It’s an accounting nightmare. Commissions need to be charged back, even if the month has already closed and everyone has been paid. Your manufacturer’s statement of origin must be retrieved from the DMV. Affidavits must be executed to retain the vehicle’s new-car status; if you don’t, you’ve got a huge depreciation on your hands. And, finally, if a trade-in was involved, the payoff must be refunded by the bank and the title received on that trade returned.

We must also contend with our pride. Many of us in the car business are Type-A personalities. It’s what makes us successful, but it can also be problematic when a customer asks out of a deal, as it’s easy for us to overlook an opportunity to satisfy the customer by re-contracting at a lower rate.

With all that said, I still believe there are situations where we must swallow our pride and endure the hassle of unwinding a deal. Let’s take a look at five such situations:

1. Run Spot, Run: Many stores spot-deliver vehicles based on credit scores and deal structure for the sake of time.  The goal is to take the customer out of the market as soon as possible to seal the deal, so the customer is asked to sign an immediate delivery agreement form outlining the deal. We can always re-contract if needed, right?

Just so we’re all on the same page, the agreement clearly states that if the dealership can’t find a sales finance company to buy the contract, the car is to be returned. The sale is then rescinded unless the customer can procure his or her own financing.  If your store operates this aggressively, you’re bound to face a situation where it’s necessary to unwind the deal.

2. Buyer’s Remorse: For some customers, the rush of a new-car purchase fades once they pull into their driveway. Maybe friends and family members caused them to rethink the deal. Maybe they realized their payment was too much for their budget. Whatever the case is, the customer is back, and they’re complaining about not being treated fairly. Bottom line, they want out of the deal. This is a situation where the deal can sometimes be saved with a little bit of good customer service. If not, bring them back in and renegotiate the products or cancel them altogether. This is an easy fix.

3. Fraud Discovery: Shortly after delivery, you discover that the vehicle isn’t for the buyer; it’s for the customer’s divorced 30-year-old daughter with the 400-plus credit score. Or you find out the customer’s 10 years on the job was actually 10 months. That commission is staring you in the face, but you have to do the right thing. Explain the situation and let them acquire their own financing or resubmit the deal with the correct buyer.

4. Vehicle Not Performing as Promised: When we sell a used vehicle at Langdale, we insist that the prospect have it inspected by his or her mechanic. Unfortunately, even that hasn’t prevented situations where the customer wants out of the vehicle he or she purchased. At my store, we view this scenario as an opportunity to win over a customer with good service. Yeah, I know all about the “implied warranty” rule, but sometimes you need to accommodate the customer.

5. He Said, She Said: It’s a tough situation when a salesperson’s promise to a customer isn’t satisfied because it wasn’t communicated to management. Nobody wins. If the dealership won’t honor the promise, then unwind the deal and move on. 

At the end of the day, it’s always at the discretion of the general manager or dealer as to what policy is observed. I’ve met some dealers who operate so tightly that deposits are nonrefundable, and they will not agree to do any kind of post-deal work unless the salesperson personally pays the bill. They would rather hire an attorney and take their chances. I’m not opposed to that since they have the real money invested in the operation. But management should be empowered to fix problems before they happen to prevent a done deal from falling apart.

Marv Eleazer is a finance manager at Langdale Ford in Valdosta, Ga. E-mail him at



  1. 1. BRUCE LAVERDIERE [ August 30, 2012 @ 12:49PM ]


  2. 2. art maruri [ September 04, 2012 @ 01:44PM ]

    If everybody has done there jobs, the customer should be happy.

  3. 3. todd [ February 28, 2013 @ 08:39PM ]

    what if you get buyers remorse, but haven't paid for, financed, picked up or delivered your trade. No cash or vehicles have changed hands only contracts have been signed with final docs to be delivered next day when vehicles and cash will be done????

  4. 4. Mad Marv [ May 20, 2013 @ 12:14PM ]

    Sorry I missed your question Todd.
    Unless state law requires physical delivery to complete a sale then you would legally be on the hook however there are ways to work out any situation. At our store, we would simply ask what we could do to make you happy. Quite often customers may not understand the details or an extra option might make them feel better but in any event if you simply couldn't be consoled, we would probably unwind the transaction. As a dealer, we would much rather move on and just maybe make a future customer out of you rather than hold your feet to the fire and have you trashing us everywhere you go. I hope that's what happened in yolur case.

  5. 5. VALERIE MACK [ June 28, 2013 @ 08:14PM ]


  6. 6. brando [ July 31, 2013 @ 02:47AM ]

    i sir i just have a setuation is this. i went to the dealer to trade in my 09 corrola for a 2014 scion but i have a very bad credit score,but then when we talk it over since i work two jobs,and i told the sales person that i have a high gross income,so they aproved me and sign the contract and left with the car.later at night i realize i will be paying to much for this car and it is was out of my range.After 4 days they told me that they already find a finance company to finance my car and ask for my pay stub.but then the bank didnt aproved it coz i they found out that im not making enough money to afford that car.Now they want to take the new car and accused me of frouding them about my incom and they want to take my old car too..pls help me the legalitize of this could i still take my old car back?what do i need to do about my setuation. plss help. ..i pray that u guys can reply asap..

  7. 7. Mad Marv [ July 31, 2013 @ 10:24AM ]

    Sorry to learn about your problem Brando but there's a remedy for just about any situation.

    The dealer apparently submitted your application to a lender that required proof of income which is why the dealer called you to produce it. Based on the lender's guidelines, the income wasn't sufficient to justify the loan so the deal was rejected. The dealer is now calling you to return the car and unwind the purchase agreement. This is perfectly reasonable since the dealer was unable to find a lender to sell the contract to.

    Now, the statement by the dealer accusing you of fraud is probably just frustration so I would pass it off and simply take the car back as requested and get the keys to your trade in. There should be no issue with you getting your old car back whatsoever.

    Perhaps you might want to try another dealership since you have been educated a bit but this time be sure to take your pay stubs in with you and ask the dealer to try and get you "pre-approved" to avoid this embarrassment again.

    Let me know how this plays out. Good Luck!

  8. 8. Janice [ August 04, 2013 @ 05:26AM ]

    I bought a used car at a Home DEpot parking lot a special blowout sale , they sent flyers sayin your a winner see what you have won. I was talked into a 2010 Honda and traded in a 2005 Toyota. after getting it home all done in 1 day I figured out it was an awful deal and want my old car back is there any way I can undo. Plus when I talked to them they said tey gave me 11000 for my car but on their worksheet I showed them they really only gave 8000 and charged 15000. Please help this is in NY

  9. 9. Janice [ August 04, 2013 @ 05:26AM ]

    I bought a used car at a Home DEpot parking lot a special blowout sale , they sent flyers sayin your a winner see what you have won. I was talked into a 2010 Honda and traded in a 2005 Toyota. after getting it home all done in 1 day I figured out it was an awful deal and want my old car back is there any way I can undo. Plus when I talked to them they said tey gave me 11000 for my car but on their worksheet I showed them they really only gave 8000 and charged 15000. Please help this is in NY

  10. 10. Mad Marv [ August 05, 2013 @ 07:20PM ]

    Ouch, Janice!

    If you have ANY evidence of impropriety on the dealer's part about the disparity in pricing you might have a point to ask them anout unwinding the deal. It's SO important to be certain the numbers match up when trading cars. While I'm not against off site sales, it is probably more difficult on customers than dealers. Here is a website with phone numbers that may help. Good Luck!

  11. 11. Mike [ August 24, 2013 @ 12:28PM ]

    I recently bought a vehicle in NY that cannot be fueled at every station due to a guard on the fuel cap. Only regulated nozzles will fit into it, and NY state doesn't regulate nozzle sizes. The dealer didn't make this known, and now I cannot gas my vehicle anywhere near my house. The dealer will not allow a return, and instead wants to buy it back as a used car and sell me another car. He is offering very little money. The car was purchased one month ago and only has 600 miles on it. Should he grant a fair refund, and collateral swap for a new vehicle? The car was financed.

  12. 12. Mike [ August 24, 2013 @ 12:29PM ]

    I recently bought a vehicle in NY that cannot be fueled at every station due to a guard on the fuel cap. Only regulated nozzles will fit into it, and NY state doesn't regulate nozzle sizes. The dealer didn't make this known, and now I cannot gas my vehicle anywhere near my house. The dealer will not allow a return, and instead wants to buy it back as a used car and sell me another car. He is offering very little money. The car was purchased one month ago and only has 600 miles on it. Should he grant a fair refund, and collateral swap for a new vehicle? The car was financed.

  13. 13. Mike [ August 24, 2013 @ 12:31PM ]

    I recently bought a vehicle in NY that cannot be fueled at every station due to a guard on the fuel cap. Only regulated nozzles will fit into it, and NY state doesn't regulate nozzle sizes. The dealer didn't make this known, and now I cannot gas my vehicle anywhere near my house. The dealer will not allow a return, and instead wants to buy it back as a used car and sell me another car. He is offering very little money. The car was purchased one month ago and only has 600 miles on it. Should he grant a fair refund, and collateral swap for a new vehicle? The car was financed.

  14. 14. Mad Marv [ August 25, 2013 @ 05:28AM ]

    Mike-While I empathize with your inconvenience, it doesn't appear the dealer misrepresented the terms of the sale. Unless there is some sort of law or ordinance requiring him to disclose the nozzle issue, he probably acted in good faith that you were aware being that you're a NY resident. Since this is a new car, it would seem reasonable that others have suffered the same as you so there must be a remedy. I would ask the dealer if the Guard on the fuel cap can be modified to your satisfaction. It seems strange that a standard sized nozzle isn't common where you live. SInce the transaction is already weeks old, your vehicle has been titled with the state which now affects the value.

  15. 15. Sb [ August 31, 2013 @ 04:00AM ]

    I haven't even had this car a full 24 hours. I had a 6000 down payment the car was 17,998 and I see that I've gotten swindled. After i got home to to look at the papers i couldnt believe my eyes... the numbers didnt seem to match up with a 6000 down payment... y is it that im looking at another 15k left to pay. doesnt make a lot of sense with a 6000 down payment. I kept being pressured & pressured after I told her several times I'm just looking & I told her I'm focused on the overall price & monthly payments.. But I had been there all day I was just ready to leave...& trust me when I say I was pressured & deceived into getting this car. Every time I got up to walk away she'd come running saying let me see this & that 5 min. This & that..... Seems like I just handed them 6000 and I want to unwind this deal bc my experience has been a night mare ever since i walked in to look at the car..So what can I do to unwind this deal?! If not can I take this to a lawyer or something?! I really want out! Can't even be happy about it! It was a used car for with 22k miles 2013... priced at 17 but I'm still paying 15 and already gave them 6k!

  16. 16. Mad Marv [ August 31, 2013 @ 07:11AM ]

    Sorry to hear about your problem Sb. I'm reading a lot of confusion in your post and can empathize. Sometimes, in the negotiation or excitement of buying a car, things get lost in translation and dissatisfaction sets in which is what appears to be the case here.

    Let's look at a couple of things first.

    Assume 7% sales taxes @ $1259 + dealer fees of $199 + Title charges of $50 and you have a subtotal of $19506. Subtract $6000 and you should be at $13506 but that may not be the end of the story if you agreed to buy a Service Contract or other service which would've been added to the amount financed and clearly noted on the contract. Carefully check the figures that add up to the Amount Financed and then be certain it's what you agreed to. If not, then personally return to the dealership for an explanation.

    Any problem can be solved and I'm certain the dealer wants your future business. If there is any mistake or impropriety, I believe the dealer will quickly make it right.

  17. 17. AJ [ September 11, 2013 @ 07:55PM ]

    went from a 1992 corolla that I had for 21.5 yrs, time for a new car, went with a year and model 2013 Ford Fiesta. wish I had pressed harder to get the corolla. Have had this Fiesta for 11 days, on day 2, noticed noises coming from the front underside, at low speeds, at take off speeds, idling sometimes, now its at faster speeds 30-40. took it to dealership on day 6, SHORT test drive with the service guy, he heard the noise, said it was the transmission and was normal, gave me a printout, since day 6 noise is still daily, has a couple of blind spots that have caused almost 2 near misses (would have been my fault) a scratch on the rear bumper I did not see at pickup, the dealership wants to fix with touch up paint instead of filling it and repainting it. called to day to discuss a possibly buy back, they do not do that, instead I have to take off work again, drive an hour out there for their service dept to look at the noise again. This car is just not a good fit for me and my situation any longer, need to just personally move on and find another Toyota, no ill against Ford, just this is not the brand for me personally. But dealer does not seem we will be able to mutually agree to have them take it back, it has less than 1000 miles, they can still sell it as new. Any suggestions?

  18. 18. Mad Marv [ September 12, 2013 @ 01:23PM ]

    Terribly sorry to hear of your woes AJ. The Fiesta is a great car though it seems yours has developed an issue. I would insist on a conversation with the service director/manager to get the problem(s) resolved. There may likely be a Technical Service Bulletin available to the dealer that can address the problem and get rid of the noise. As far as the scratch, I would see the General Manager about that. Surely something as minor as this can be handled to your satisfaction.

    The dealer cannot resell your car as new since it has already been titled but I'll bet a face to face meeting-with calm yet determined resolve on your part-will cause them to do the right thing. The last thing they want is a dissatisfied customer spreading the word. Though there may be other Ford dealers closer to you, the selling dealer has the most to gain so I'd be a bit more persistent in getting them to correct your problems.

  19. 19. Grant Sawyer [ September 17, 2013 @ 06:33AM ]

    Other than the sales contract with VOID written on it by dealer, what paper work should one leave the dealership with if the deal is unwound?

  20. 20. Mad Marv [ September 17, 2013 @ 06:44AM ]

    Great question. Other than the dealer providing you with a lien release and a cancelled title/license application about the only other thing he can do is provide you with a letter that all documentation related to the sale will be destroyed that doesn't have to be retained.

  21. 21. Vin [ September 18, 2013 @ 02:05PM ]

    I recently purchased a certified mercedex suv from Mass and I live in NJ. The guys delayed the whole registration (They took ove) thing inpite of promising me within a week or so after payment,
    They handed it overto NY agency who inturn gave to NJ agency to do needful which was never done and then atend of 3 weeks I had to rush myself to make sure and press them fordocument sto be sent to me so I went myself to dmv and did all registration stuff. And had to take a day off forfeiting my salary on weekday to take delivery as it was end of auspicious period for me at end of 3 weeks which was alreayd long time wait. There is also a law about 7 day registraion in Mass. Becauseof dealership delayand negligence I have incurre d lossed in rental , my salary, and mental frustration and exertion. None of the guys whom I dealt with earlier during sale came forward , avoided meeting me saying they are on leave while delivery. I want to sue them for the harrasment and delay. Kindly advise.

  22. 22. Vin [ September 18, 2013 @ 02:09PM ]

    to be precise I made payment on 27 august and getting delivery today sept 18. after doing all the hassle and running about for lastoneand half days doing dmv round/

  23. 23. Sandy [ September 18, 2013 @ 03:14PM ]

    Hi Marv, I bought a 2013 Lexus 350 on September 7. I love the car but I find that it does not ride as smooth as my 2002 Avalon. The dealer says I will get used to it and to let them know how I feel after driving it for a month. Do I have any recourse in this situation? I notice such a difference in the ride it is driving me crazy. I paid a lot of money for this car and I would expect it to ride as good as an 11 year old car.

  24. 24. Mad Marv [ September 19, 2013 @ 10:33AM ]

    Sorry to learn about your troubles Vin. Communication is a wonderful thing when observed by all parties ande the lack thereof can be frustrating especially in a business transaction.

    If I understand correctly, the dealer didn't register/title your vehicle in a timely manner according to state law thereby causing you to assist and causing you loss of wages and inconvenience. As mentioned in earlier responses to customers in the above comments, I would call for a physical appointment the General Manager. Aviod the other parties you've already dealt with since they've obviously failed in satisfying you.

    Be prepared by bringing all the sale and registration documents with you and calmly state your grievance. It's in the best interest of the dealer to rectify this problem. If you feel you're out wages or any other cost's then have an itemized list prepared as well. I believe you'll be satisfied with the results.

    Good Luck!

  25. 25. Mad Marv [ September 19, 2013 @ 10:56AM ]

    Hello Sandy and thanks for taking the time to read.
    I can understand your feelings here. Both cars you mentioned are great ones to own both for luxury and comfort and I'm certain you invested a lot of time and research making certain the Lexus was the right choice for you. I preusme your initial test drive helped convince you of that as well.

    Unfortunately that short time behind the wheel doesn't always demonstrate the full capabilities of an automobile especially with the complexities that today's car's offer. Even in the short span of 11 years, there has been vast improvements in ride technology that puts the driver more in touch with the varying road surfaces. The ride of a vehicle is designed to not only be comfortable but to trasmit road conditions to the driver's senses. Some suspensions are more taut and rigid especially sports cars. Tires can also make a difference in ride quality but bear in mind manufacturers do a lot of research matching tires to car suspensions.

    Your recourse might be limited here since there doesn't seem to be any mechanical failure that hasn't been solved by the dealer. However, if you're still dissatisfied you may want to log your complaint with the manufacturer. Perhaps their collective knowledge from other owners could offer you some tips

  26. 26. Barbara [ September 23, 2013 @ 01:02AM ]

    purchased a used 2013 jeep,,,it right hand drive for mail delivery,,sold me a LIFE TIME warranty, dealer called 1 week later and said warranty co. cancelled cause its a right hand drive, I called warranty co. to see what date they cancelled THEY said they did not cancel THE DEALER did, I also questioned my gap ins. checked off personal use and says will not cover commercial, they know I use for postal del. ,, dealer called me back said it is covered for commercial, I have no proof? my finance contract states personal use ,,finance co. says I will have to resign?? by day 5 I was in pain at herniated disc in neck, I am way to short for working out of it and have returned the jeep, they refuse to unwind, for there errors and or my issues working out of it,,,my trade was there when I returned it but sold my trade real quick (I believe the finance lady took it cuz her car is all of a sudden for sale at dealer) both convertibles!! claim they delivered that night I dropped jeep off??? it was sitting there on lot for sale with stickers, right after I refuse to keep jeep without life time warranty, I went outside to call rental car co. to go home, they had employee take my trade and drive around back. i believe i should not have to keep without lifetime warranty, it will be to costly with a high payment and no life time warranty later down road before paid off, was i tricked??

  27. 27. Mad Marv [ September 23, 2013 @ 04:06AM ]

    Ouch! I wouldn't say you were "tricked" but it does sounds like mistakes were made.

    As I often advise, gather your documentation, the name of the person(s) you spoke to at the Service Contract (warranty) company and sit down with the General Manager. I won't offer legal advice here since I'm not an attorney but there seems to be more than one problem associated with this transaction. Read the Service Contract (warranty) policy/enrollment form carefully to determine if right hand drive vehicles are excluded. While the Jeep is obviously being used on your daily mail route, most Service Contract companies allow for this though they may charge an upgrade fee. I would also call the GAP provider and inform them how the Jeep is being used. It's likely they may confirm coverage and if so, ask them to provide you with a letter of proof.

    Simply returning the Jeep will NOT solve this problem. You must take action.

    If you can't get the dealer to resolve this then I'd suggest an attorney.

  28. 28. Leilani [ September 25, 2013 @ 09:16AM ]

    Hi Marv, thanks for your article and sound advice to commenters. Could you offer some advice on my own situation?
    I bought a 2013 Kia Forte Koup that had 2,500 miles on it in CA last month. Initially, the salesperson was not forthcoming about the reason for the high miles on a new car. After pressing the issue, the salesperson admitted the car had been an unwind sale, but that the vehicle had never been registered. After much reassurance from the finance dept that the vehicle had never been registered and still a new car, I purchased it, they even threw in some free oil changes. The next day I noticed an odd smell in the car and with close inspection, discovered that the car had NOT been detailed as promisedmas the floor mats were dirty and had stains including a spill under the driver seat that was causing the smell. My salesperson agreed to have the car detailed if I brought it back. I made an appt to leave the car to fix the scratches that I found at the time of sale, have it detailed, and have its first oil change. Since then it has been one issue after another. The car still hasn't been detailed and it started leaking oil after they returned the car to me, and just yesterday the car broke down on me on the freeway and it is not starting. But what has me irate is that when I got my license plate and tags a couple of weeks ago, they are for May and not August. The title dept of the dealer confirm that the car indeed had been previously registered! That means they blatantly lied to me! They have offered to prorate the licensing fee for this year, but that does not compensate me for the depreciation of the vehicle nor the potential resell loss as the second owner. Do I have recourse to unwind?

  29. 29. Mad Marv [ September 25, 2013 @ 12:05PM ]

    It's stories like yours Leilani that make my blood boil! Now, let's look for a remedy.

    To your most serious question which was posed at the end of your comment, the answer is likely not. That is unless they don't get hopping to make you a satisfied customer. This could be done by correcting all the issues you've addressed with them which doesn't seem to be that hard. I mean, were talking about detailing the car, removing the odor, repairing some scratches in addition to the manufacturer's warranty solving the oil leak and unexpected breakdown.

    As far as depreciation goes, you would most certainly have a case to unwind IF the vehicle had already been titled as a new car and subsequently sold to you as New when in fact it was Used. The caveat is UNLESS they were successful when the original sale had been rescinded and the Manufacturer's Statement of Origin (MSO) had been reissued-or other documentation-for them to resell it as a New Car. This can be done in extreme cases in some states but not all. I'm not an expert on state by state titling laws but it could be done in my state.

    In my humble opinion, the dealer would be a fool to present the vehicle as new if the proper documentation had not been acquired to correct the original problem thereby restoring it's value to a new status.

    It looks like some major kissing up is in order on the part of the dealership and a few more free oil changes. IF, and that's a big IF, the dealer can prove the car was new with the proper documentation at the time of sale AND satisfies you with the other issues you've experienced thus far then your legal case might be weak. Now, if they can't prove it then you bought a depreciated car and paid for a new one. You have options at this point. Ask them to unwind and walk away or pay you for the depreciated loss and keep the car.

    This isn't legal advice by any means so if you are still disgruntled after you meet with the General Manager and feel the need for recourse the

  30. 30. Mad Marv [ September 25, 2013 @ 12:07PM ]

    This isn't legal advice by any means so if you are still disgruntled after you meet with the General Manager and feel the need for recourse then seek an attorney.

    I'm so sorry to learn that you experienced such terrible customer service. I sincerely hope a satisfactory resolution can be reached.

  31. 31. Jay [ October 06, 2013 @ 04:16AM ]

    First of all, I would like to thank you for sharing your experience. Hopefully, you can offer me some good advice. Yesterday, I was approved online for a blank check loan through Capital One. Knowing the car I wanted, I went to my local dealer, signed a contract for a 2011 Hyundai Sonata with third party extended warranty included & left a deposit. Dealer will not let me take car off lot until I come back with paystubs as he said it is required by Capital One to complete loan transaction. I'm satisfied with the car so I'm not questioning it's purchase but I am having doubts about the extended warranty. Can I void the extended warranty by asking finance manager to remove it from contract? Please advise as to what options I have.

  32. 32. Mad Marv [ October 06, 2013 @ 04:58AM ]

    Glad you found a car to fit your needs Jay. The short answer to your question is yes. You can cancel the service contract (extended warranty) at any time though I'd recommend you keep it. I have this coverage on my personal cars and enjoy the peace of mind it provides.

  33. 33. Jessica [ October 11, 2013 @ 11:01AM ]

    i traded my 1998 toyota camry plus $875.00 down!! the deal went through and i love my car.. ive had my car since june 22,2013 and made my 1st payment august 5, 2013 i am current on my payments however. the dealership allowed me to pay 1/2 my down payment n set up a payment arragnement for the other half (which wasnt met on my part in july) the bank did an aduit and the dealership could not produce proof of down payment in full to the bank!! i went in and paid the other half od the down paymnet (it was an honest oversite) but because the dealership signed a contract with the bank and was paid n full for my car 3 months ago but lied the bank is unwinding the deal! they were decieved by the dealership so they are refunding me my monthly car payments & they want their mone back from, the dealership!! so my question is what hapens next?? doesnt the dealer have to give me my trade n and downpayment back?

  34. 34. Mad Marv [ October 11, 2013 @ 02:28PM ]

    Yikes! Sorry to hear about this Jessica. I've heard of this before and it's not pleasant but there are alternatives.

    Option-They can return your trade (if they still have it in stock) and any money you remitted as you noted. This would be the easiest solution but they've likely sold your car to someone else. If they sold your old car already then they should be compelled to give you the cash value allowed on the original deal nso that you can replace it.

    Option-Since you've now remitted the full down payment, the dealer can search for another lender to fund the contract and you keep your new car. If this occurs be certain the new documents are dated the day you actually sign them-NOT back dated.

    Option-Since the dealer is the initial creditor, they could actually accept payments and honor the original installment contract though this is unlikely.

    I'm certain they will do whatever is reasonable and make you a happy customer but if you feel as though their offer is unreasonable then I would suggest you seek an attorney for expert legal advice.

  35. 35. Tina [ October 13, 2013 @ 09:56AM ]

    I just bought a new Acura ILX--$10k down with 0.9% financing. The vehicle operates well enough, but I've had it for less than 24 hrs and driving it is causing me extreme back and neck pain. I test drove the car one weekend, and then returned the following weekend to purchase it, and didn't have any problems in the short test drive period. However, after a few hours of driving the car, (and trying to adjust the seat in every way possible), I can't imagine keeping the car considering the amount of discomfort it is causing me. I've looked in the driver's manual, with no special solutions to making the seat more comfortable. Do you think I could return the car for a refund? I'd even be willing to upgrade to another model at this point...but I can't tolerate this pain. On average, when returning a new vehicle, what kinds of charges can one expect to incur? Thanks!

  36. 36. Mad Marv [ October 14, 2013 @ 04:28AM ]

    Hello Tina and thanks for reading. It's possible the dealer would allow you to move to another model with a more comfortable seat. Time is of the essence so you need to make contact with the dealer ASAP. There are a couple of ways to do this. The dealer could charge you a restocking fee and you would also likely have to pay the charges the dealer incurred to title the vehicle and a charge for the miles you drove the car. The dealer could also take your car back as used and trade it for the car of your choice.

    As I've advised many in this thread, be calm and deal with the General Manager. Oh, and one more thing. Take the new car out for several hours in various driving conditons i.e. city/highway/country roads to make certain this doesn't happen again.

    Good Luck!

  37. 37. Ed [ October 16, 2013 @ 10:41AM ]

    I purchased a used vehicle at a small dealership 2 days ago. I have buyers remorse and the dealership has not collected my deposit yet. I REALLY want to return the vehicle. What options do I have?

  38. 38. Mad Marv [ October 16, 2013 @ 01:01PM ]

    Hello Ed. Sorry to learn you're dissatisfied with your purchase. Though your situation is at the discretion of the dealer, you can always ask them to take the car back. If they do you would likely have to pay them restocking and or mileage charges as described above in other responses. Now, if the dealer decides he won't unwind the deal then you will have to pay the deposit/down payment. The dealer might be willing to trade you into another vehicle of your choice and work out a deal that's agreeable for both parties and it's in your best interest to consider this option. I assume the dealer has been forthright in his dealings with you or you wouldn't have taekn delivery of the car in the first place. I feel certain this will have a happy ending and wish you the best here. Good Luck!

  39. 39. Juanita [ October 24, 2013 @ 05:48PM ]

    I leased a vehicle 3 days ago, signed the papers but I had buyers remorse , I didnt like how the dealer treated me so I didnt take the car. The next day I went to a different car dealer where I was treated differently, I found out the first dealer lied to me about my credit, but the second dealer give me a great deal so I sign and drove away that night. I thought i could call the first dealer and cancel the deal since I didnt take the car but they refused, saying I already signed so the car is mine. What can I do
    ? I dont need 2 cars

  40. 40. Mad Marv [ October 25, 2013 @ 03:37AM ]

    You're in an unusual predicament.

    In most instances (I say "most" because I'm NOT an attorney nor offering legal advice) when the documents are signed and executed, the sale is final. The dealer is required to immediately begin the title process. You're now entering the 4th day after signing the first lease and it's very likely those documents have been filed with your county or state and the leasing company has assumed ownership of the lease contract you signed. To further complicate things, your car insurance agent has already bound coverage on the first vehicle as well.

    There are a couple of remedies so let's take a look.

    The first is to return to the original dealership and ask to speak to the General Manager. Next to the owner, this person is THE decision maker. Explain your situation and why you didn't take physical delivery of the car. You might get lucky and persuade the dealership to unwind the deal with certain cost's being passed to you such as restocking/title/registration fees. Gladly pay them and consider the experience a lesson.

    If this fails and the GM elects not to unwind then you can try an attorney to be certain all documents are correctly signed and executed properly. If in fact they are and no loophole can be found to offer you relief from the first lease then you're the lessee/owner of 2 cars.

    You can try selling the car back to the originating dealer but this isn't likely to happen because of the immediate depreciation of a new car and the complicated mess of paying off a lease so soon. You can also try selling it to a friend or another option would be to try an online service such as Swap A Lease Companies like this specialize in working with people desiring to sell their leased vehicle or swap for somone else's lease. There may be other companies like them so do some research if you like.

    Be CERTAIN to make your payments on time until you sell the first car.

    Good Luck!

  41. 41. shay [ December 27, 2013 @ 11:13AM ]

    My name is Shay I purchase a vehicle almost a month ago. Initially the rep told me I had to put down a two thousand dollars to purchase a new vehicle, then he said he was gonna get it where it was going to be 1 thousand. He also said that the only way to get me into a car was that I need to purchase a new car. He also that rebates are given, so I wouldn't have to be negative on the loan. It turns out that I am negative on the loan, and they took a two thousand out any way. I'm not happy with the vehicle nor the deal what can I do?

    Respectfully Submitted

  42. 42. Mad Marv [ December 27, 2013 @ 08:22PM ]

    Sorry to learn about your dissatisfaction, Shay.
    If I understand correctly, you put two thousand down plus any rebate credits and told by the salesperson you wouldn't be in a negative situation once you purchased.

    When you purchase a new car, you will suffer an initial depreciation the same way you would with any other new product you buy. Automobiles are depreciating liabilities and lose their biggest percentage of value during the first few years of ownership. Various factors contribute to how much a car will lose value including miles driven, trim levels chosen, options and color. Yes, I said color. No value guide book such as NADA or Kelly Blue Book will add/subtract for color but the truth is some colors cause a vehicle to depreciate even further.
    What are your options?

    Since you've had the car for a month, all titling and registration actions have likely been completed. You own the car and the lender holds the title. Unless you are able to discover an error in the documentation that amounts to an invalid contract then you'll likely be unable to persuade the dealership to unwind the deal based on what the salesperson said.
    You can trade the car for another that satisfies you but the depreciated loss you'll suffer since the car is not new will likely make it unreasonable.

    Selling to another person may be your best option since the car is relatively new, has low miles and is a current model.

    It's sad that the salesperson was unethical with you by implying you wouldn't suffer depreciated loss based on rebates and two thousand cash down. On the surface it appears an owner would be in great shape with massive rebates however, the truth is the vehicle is immediately depreciated by the very rebates intended to make it attractively priced in the first place. The used car appraiser takes this into account when valuing a current year trade in. Some vehicles retain their value better than others and it's not based on original sales price. Good Luck.

  43. 43. Tom [ December 29, 2013 @ 06:01AM ]

    I purchased a 2014 Ford Explorer on 12/17/13. Within a day, it started throwing error messages about terrain control and traction control system failures. The service folks couldn't figure out the problem, so they went up the ladder to Ford. Even Ford doesn't know what's up - they said that I should keep a log of the failures. I don't think this is right, so I asked the salesman and sales manager to consider letting me return the vehicle and get something else. They don't seem to be crazy about this idea, so I want to know the best way to push them on this if they refuse. While terrain and traction control are not absolutely vital to vehicle function, I do live in a far northern climate where those options are important to me. Considering it's a new car, I feel like I shouldn't have to deal with anything like that (at least in the first few months). Thanks in advance for your thoughts and advice!!

  44. 44. Nick [ December 29, 2013 @ 07:01AM ]

    Hi, I purchased a Certified Used 2012 Honda Accord on Saturday evening at around 8:30 pm. That was yesterday. I am having buyers remorse and I want to return the car. I have signed the contract and taken vehicle out but my house is only 2 miles away from dealer. I purchased the car on financing, but there was a 3000$ downpayment which I have NOT paid yet, and I am supposed to pay it by Wednesday. Can I return the car on Monday morning as soon as dealership store opens and back out of deal? What are my options?

  45. 45. Mad Marv [ December 29, 2013 @ 12:06PM ]

    Tom, part of the reason the dealer is unwilling to take the vehicle back is it's already been titled and the problem is a manufacturer defect. If the dealer can't soon rectify the problem then your recourse may be found in the state's Lemon Law provisions. You should've been given a copy at the time of sale but if not, then obtain a copy and read it. Under these provisions, the manufacturer has a limited time-based on state by state lemon laws-to correct certain issues or buy the vehicle back from you.

  46. 46. Mad Marv [ December 29, 2013 @ 12:31PM ]

    Sorry to learn about this Nick.

    Unless some documentation has an error that makes it an invalid sale such as the numbers not jibing then you may not have any legal recourse to return the car. Even though you still haven't remitted the down payment, refusing to do so could cause legal action against you. However, all may not be lost. I would simply return tomorrow morning and calmly ask to speak to General Manager to see what he is willing to do. I can tell you that if you're interested in another car they have in stock, they may be a lot more agreeable. One of the signature lines you signed clearly says "NO COOLING OFF PERIOD" in bold text. It goes on with "State law does not provide for a "cooling off" or cancellation period for this sale. After you sign this contract you may only cancel it if the seller agrees or for legal cause." Clearly the dealer has the power to unwind the sale and he may allow it but is under no legal obligation to do so which is why I suggest calm resolve and a simple explanation as to your buyer's remorse. This isn't legal advice, rather I'm just pointing out the obvious.

    Good Luck, and I hope everything goes well.

  47. 47. Nick [ December 29, 2013 @ 01:30PM ]

    Thank you for your advice. I think the dealer applied for my loan Online on Capital One. Is it possible to call Capital One and stop the loan? Because as I understand my Autoloan was approved yesterday spontaneously so it should be via a computerized approval and they are yet to verify information. Is calling capital one and asking them I dont need car loan an option?

  48. 48. Mad Marv [ December 29, 2013 @ 04:07PM ]

    Not really. Let me explain the process a little bit.

    First the dealer is not only the Seller-as listed at the top of the installment contract you signed-but is also the originating creditor. In essence the dealer is considered the initial lender. The dealer sends your application for credit on the chosen car to a potential lender (bank) for approval. That initial offer the dealer makes to you is based on the terms under which the lender will buy the contract from the dealer. Since the lender and dealer have a written agreement, the lender is compelled to purchase the contract from the dealer if everything is in order. So, unless there is some legal reason the contract can't be honored by the lender then you'll have to deal with the dealership to resolve your problem.

    You may be pleasantly surprised.

  49. 49. Nick [ December 30, 2013 @ 12:33PM ]

    Thanks for your useful advice. I did as u suggested and went and talked with car dealer and they unwinded the deal without forcing me to buy another car from them. however, considering how good they were, I might end up buying car with them, though ofcourse I will be careful next time not to sign until I am sure of it and I give enough time to think over it. Lesson learned the hard way..

  50. 50. Mad Marv [ December 30, 2013 @ 12:44PM ]

    Sounds like a good place to buy a car. Glad it worked out for you.

  51. 51. Marianna [ January 03, 2014 @ 12:44PM ]

    I purchased a brand new car 2 weeks ago and have had issues with the body. The first car had damage and they took it before it left the lot. The 2nd car had damage to the molding and a part was missing, which they replaced but one of the issues was embedded grime in the paint job. This, they removed with clay barring. The car now has spider web scratches and they have again offered to fix it by polishing it. I am not happy with their services and was wondering if I can break my contract?

  52. 52. Mad Marv [ January 04, 2014 @ 12:36PM ]

    Sorry to learn about your difficulties, Marianna.

    Paint and finish issues are painful and irritating especially on a new car. I sympathize with you.

    You purchased a NEW car in mint condition and should get what you paid for regardless if it was financed. Clay is an effective method of removing paint imperfections when done right though it sounds like some further work has yet to be done to correct this. Unfortunately, two weeks have passed and the car is already titled/registered. It's unlikely you'll be able to persuade the dealer to unwind though there may be other remedies to make you a happy customer.

    Allow them one more chance to correct the problem. If they cannot satisfy you then contact the manufacturer. You should find the contact info in your owner's manual. Calmly explain the issue and lack of confidence you have in the selling dealer. They may direct you to another dealer close by which can correct the problem though it may result in repainting the affected area.

    I'm confident the manufacturer will do the right thing. Good Luck!

  53. 53. Terri [ January 06, 2014 @ 05:28PM ]

    Last week my 24 year-old-daughter purchased two (2) 2014 cars, one for herself and a friend. She earns about $40,000 a year, has a very decent credit score, but there is no way she can pay the monthly bill for two cars (the friend has no income, both cars are in my daughter's name). My daughter is now experiencing "buyer's remorse" of course! Do you know the income guideline to get $60,000 worth of cars, all financed - she put $200 down? She hasnt received final approval from the dealer's finance manager yet (and I have no idea what banks/lender they work with). The dealership is supposed to contact my daughter in a few days with the details. In the meantime she does not drive the cars- they sit parked, but she has the keys to both cars. Thanks for any advice you can give us for unwinding this deal.

  54. 54. Mad Marv [ January 06, 2014 @ 06:52PM ]

    I'm so disturbed to learn about your daughter's dilemma.

    To the facts.
    $60K equals roughly $1100 in monthly payments on a 6 year note at 3.5% which is what good credit should yield in this situation. There are a variety of factors a lender (bank) considers when an application comes in for approval. The basics are the Three C's. The three C's are Character, Capacity and Capital. Character refers to how well you have paid your bills in the past. Capacity refers to your debt to income ratio. Capital is the assets you have to pay for your debt. I find it a little disturbing that a lender would finance both vehicles considering the payments for these cars amount to a third of her monthly gross income which is a pretty high though I've seen worse.

    It's likely the dealership submitted the deals to two different lenders without either of them knowledgeable the customer was trying to buy two cars else they would’ve limited the deal to one car. The dealership is aware the customer has likely over extended themselves however, if the customer insists on buying more than they can reasonably afford then it isn't up to them to counsel the customer against doing so. Unfortunately, this situation doesn't carry the same legal burden a bartender has when he observes a patron has gone too far when drinking by refusing more drinks.

    Just because the dealer may not have assigned (sold) the loans to a bank yet doesn't free your daughter from the obligation since the dealer is the originating creditor as mentioned in prior postings here and has the legal ability to collect the note themselves if they choose.

    Time is of the essence and it's likely too much of it has already passed. Titling and registration has likely already occurred but it wouldn't hurt for her to approach the dealership's General Manager and explain her mistake to see if he will be willing to unwind one of the deals. Good Luck.

  55. 55. jb [ February 11, 2014 @ 02:34PM ]

    I had a dealer unwind the contract due to funding issues and yake back the sold vehicle keep the trade and is now demanding the equity be refunded what are my rights as I went into this with a car and now have nothing

  56. 56. Mad Marv [ February 11, 2014 @ 09:18PM ]

    While you may have signed an immediate delivery agreement outlining certain restrictions that could have given the dealer reason to rescind the sale and repossess the car, your trade should have been returned to you.

    I'm not a legal expert nor an attorney but I suggest you hire one. Make certain you bring all the documents you were given at delivery to the meeting. If someone accompanied you when you bought the car, it would be great to provide that person's information to the attorney as well.

    Good Luck.

  57. 57. kami [ February 22, 2014 @ 08:12PM ]

    Hi Mad Marv, Can I cancel my new car deal and receive my 1000$ deposit back? its was late night time and my sale person and managers said this deal only for tonight and we'll not give to u that deal if you comeback some other time. so paper work done at that night but i found same price better cars available in market i try to cancel my deal but he said you already bought a new car so there no Return, but that CAR still in showroom's display. i heard about "Unwinding a Deal," or cooling off, please let me know what is best way for cancel that deal and how i will i get my money back. thanks

  58. 58. Mad Marv [ February 23, 2014 @ 05:11AM ]

    Hi Kami. Sorry to hear about your troubles.
    Unfortunately, unless some legal misstep exists in the documentation that is serious enough to warrant the deal being rescinded, it sounds like you own the car. There is clear and bold language on one of the signature lines of the finance contract stating "No cooling off period". Buyer's remorse is not uncommon as evidenced by the many discussions on the internet regarding car purchases because there are so many choices out there and prices as well.

    I would meet with the General Manager and show him some of the competitive prices you found on the same model and ask if he would be willing to refund you the difference. He probably won't but it's worth a try. In any event, they should've already prepped your car for delivery. I'm certain this car is the one you researched and want or you wouldn't have made the decision to buy it. The worst case scenario is the dealership won't refund any difference or unwind the deal. Consider the difference of the price spread over the many years you will own the car and it probably doesn't translate to a huge difference. Hop in your new ride and enjoy it!

    Hope this helps.

  59. 59. kami [ February 23, 2014 @ 03:51PM ]

    thanks for replay i just talk with my sale person he will change my car with other model and now this time im going with Lease hopefully going save some $. i found in dealer web side 7days Ex-change policy now this is good sign

  60. 60. Cindy [ March 15, 2014 @ 10:06PM ]

    Hi Mad Marv, Can I make the dealership unwind my car deal? I have the buyer's remorse. Okay, I live in Oregon, went to a very reputable local Toyota dealership last week. I have a 2005 Scion that was paid off and I held the title. I think I panicked when I had to have the water pump replaced and thru the dealership had them do the work. Then all of a sudden, the sunroof stopped working 1 day after that. Go figure! I totally panicked and thought I better get into another vehicle now while my car is still going to give me value as a trade-in. This was 2 days ago. I ended up buying a 2014 new Scion, traded in my car, $2500 cash & went home with my new car. Before I finished up at the dealership, I was already having buyer's remorse and that night didn't sleep a wink. Family members helped me realize I was acting impulsively and my car mechanically could get me by for many more years. Only 68K miles on it. Well, I laid awake panicking but thought I'll just talk to the dealership in the morning. I talked to the sales manager and he said there's no way they can unwind the deal because as soon as I drove the car out the dealership, it's considered a used vehicle. He also said everything is automated on-line and everything submitted to the DMV for titling, etc. He was polite but I could tell he had no sympathy for me.

    Here's where maybe you can help me...Just today I realized the salesman that helped me forgot to put a temporary license plate on the back of the car. So, I'm technically driving with no plate and I'm afraid the police are going to stop me. Can I make the dealership un-wind the deal because of this mistake?

  61. 61. Cindy [ March 15, 2014 @ 10:25PM ]

    Hi Mad Marv,

    Can I make the dealership unwind my car deal? I have the buyer's remorse scenario.

    Okay, I live in Oregon, went to a very reputable local Toyota dlrship last week.I have a 2005 Scion that was paid off and I held the title. I think I panicked when I had to have the water pump replaced and thru the dlrship had them do the work. Then 1 day later, the sunroof stopped working, they estimated to fix it would be $1800. So I’m thinking I better get into another veh now while my car is still going to give me value as a trade-in.

    This was 2 days ago. I ended up buying a 2014 new Scion, traded in my car, $2500 cash & went home with my new car. Before I finished up at the dealership, I was already having buyer's remorse and that night didn't sleep a wink. Family members helped me realize I was acting impulsively and my car mechanically could get me by for many more yrs & with only 68K miles driven. Well, I laid awake panicking realizing there’s no way I can afford this car pyt. Clld sales mgr and he said there's NO way they'll unwind the deal cause as soon as I drove the car out the dlrship, it's considered a used veh. He also said everything is instantly submitted to the DMV for titling, etc. He was polite but I could tell he had no sympathy for me.

    Here's where maybe you can help me...Just today I realized the sales guy that helped me forgot to put a temp license plate on the back of the car. So, I'm technically driving with no plate and I'm afraid the police are going to stop me. Can I make the dlr un-wind the deal cause of this mistake? I have an appt t/see him tomorrow a.m. to try & re-write a retail deal w/out the mech breakdown warr. could he try get one of the sales guys plate it while I'm talking to him in the office? If I can make the dealer unwind the deal because no plate, what should I do?

  62. 62. Mad Marv [ March 16, 2014 @ 08:04PM ]

    Sorry to hear about your troubles.
    Unfortunately the temp tag issue probably isn't reason enough to unwind the deal. The dealer is responsible to title the vehicle in a timely manner and I'm certain they already have begun that procedure. The verbiage at the botom of the contract is clear and in bold type "NO COOLING OFF PERIOD". You could simply ask them to unwind but I doubt they will. You mention you're going to recontract the deal without the "mech breakdown warr". I would advise keeping that product especially if it is an exclusionary type program similar to the factory coverage. Hopefully all will work out and you'll leave happy.

    Good Luck.

  63. 63. Cindy [ March 17, 2014 @ 09:43PM ]

    Yesterday I went back to the dealership and they re-wrote the retail contract, omitting the extended warranty, which slightly lowered the monthly payment. I have gone over the contract and see nothing about a no cooling off period, but I'm sure it's there. Maybe in the fine print on the reverse side. Found out they're selling my car for $11K and they would only give me $2500 for the trade-in. What I've learned from this is, to sleep on it before making any big decisions in the future. I'm done hitting myself over the head about this. I'm going to start enjoying my new car. Thanks for your help! :)

  64. 64. Amanda [ April 25, 2014 @ 07:30PM ]

    Thanks for the information in this article--I am more informed now than I was previously. I would love insight on my problem.

    About six weeks ago, I bought a certified pre-owned 2001 Chevy Cruze for approximately $14,500 from a small-town dealer where I grew up. The same week after driving it the 100 miles back home, the transmission started acting up, jerking the car at all speeds and acting as though it were downshifting too soon when slowing down, braking via engine rather than brake pads. I took it to a local dealership's repair shop, but they could neither reproduce the problem nor bring up any error codes and so sent me on my way. The problem then became worse, so I made an appointment with the shop at the dealership I bought it at, then had to have it towed up there after the transmission gave out the following week. During this time, there was an awful smell I thought was simply from chemicals used to clean the interior, but as the a/c stopped working during this time, I now suspect there was a related fluid leak causing the smell. The dealership fixed the transmission by replacing the solenoid, but now it drives as though the transmission is having trouble again and starting to repeat what happened before.

    I asked about the car's history when picking it up from the shop after they fixed the transmission because it seemed odd that it would break down that much right after it was given a certification inspection, and the printout had a harrowing list of recalls and repairs. The deal I would like to make is to trade it in or get a refund for the full purchase price, to be applied towards a certified 2011 Malibu from their lot. I simply do not feel any confidence or safety in the Cruze and would not have purchased it had I known its history.

    The general manager hasn't made any promises, but I'm meeting with him soon to talk and make the deal if we can agree on something reasonable. Can you offer any advice on how I should proceed from this point on? Thanks!

  65. 65. Amanda [ April 25, 2014 @ 07:35PM ]

    Oh gosh, I'm sorry--that should read 2011 Chevy Cruze.

  66. 66. Amanda [ April 25, 2014 @ 08:10PM ]

    Also, maybe I should mention that this is not a case of buyer's remorse... I was absolutely thrilled with that Cruze when I bought it; it has a turbo engine that can really make it go and it had 42k miles on it. When I purchased it, it was with a $500 trade-in and $3,000 cash down. The Malibu has 25K miles and is selling for $16,990.

  67. 67. Mad Marv [ April 26, 2014 @ 07:18AM ]

    Good morning, Amanda and thanks for offering your experience.

    I believe you've already learned a valuable lesson that you should ask for the vehicle history report before you buy next time as I'm certain you will with the Malibu. Auto History Reports offered by companies like CarFax and Experian's AutoCheck go to great lengths to uncover collision damage and recalls but don't usually contain information about repairs or problems. This is where a new car franchised dealer can help. They have access to internal data from the manufacturer if the car experienced any repairs under the factory warranty and if the car was serviced at a particular dealership, they may also have records there as well. In any event, it pays to have a used vehicle inspected by an independant facility especially one that is out of factory warranty.

    A word about used car certifications. A trustworthy dealership (yeah, I know some readers are laughing at the notion) will go to great lengths to make certain the vehicle is in great running condition before it's even offered for sale. It only makes good sense for the dealer to offer a trouble free car because his repeat business depends on a good reputation. Plus, the extended service contract companies the dealer offers for sale demand the car be as trouble free as reasonably possible at the time of sale. Kind of like a physical when you buy health insurance.

    In light of your circumstances, I would ask to drive the car for a day or so before finalizing the deal. Sounds like the selling dealer is willing to help so I'd stick with them at the moment. No car is perfect which is why I always recommend buying an extended service contract. I always buy these programs on my personal cars because I love the peace of mind.

    Good Luck, it sounds like you're on your way to solving your problem.

  68. 68. Angela [ April 30, 2014 @ 11:22PM ]

    Hi, I bought an 06 Kia spectra on 4/21 from a Fiat dealer in NJ. I traded in my 97 Chevy Cavalier (after being pressured into trading it in) and paid the rest in cash. I test drove it with the salesman and drove it to my mechanic who checked it out, found nothing on complaint. It was bought as-is warranty by the way. By Day 3 of having the car it started idling rough, the engine would rev while in park or at a stop light and sometimes so violently it would get over 3000 RPMS. while I'm sitting at a red light. I'm terrified its going to just go despite my foot on the brake and either hit a car or a pedestrian or drive me into oncoming traffic. By Day 5 the car stalled out, it has done this 2x already. And the idling/throttle issue has been intermittent. I took it into the dealer this morning and they checked it out for me and ended up replacing some spark plugs and cleaning my throttle body. The problem is still persisting. I'm afraid to drive it and I just want to be rid of it because I even called Kia and explained the situation and they have no idea what it could be and the Fiat dealer admitted they didn't know what it could be. Is there anything that I can do???

  69. 69. Anthony [ May 02, 2014 @ 02:58AM ]

    I purchased a certified pre owned 2010 Subaru Forester (with an extended warranty). I am not experiencing buyers remorse, I actually love the car. About a week and a half after I purchased the windshield leaked during the first rain after I picked it up. The water soaked into the headliner, ran in the dome lights and moonroof switch and dripped into the shifter mechanism. I called the dealer right away and made an appointment to have it all fixed. My concern is that the water damage (electrical problems and mold?) won't cause me any problems until after my warranty expires. I plan to talk to the manager and ask if there is any way he would unwind the deal and sell me a 2014 even if does cost a little extra for me. Do you feel this is feasible or am I overreaching? Thanks in advance!

  70. 70. Mad Marv [ May 03, 2014 @ 03:59AM ]

    Good Morning, Angela.

    Sorry to learn about your troubles. Nothing more irritating than purchasing a car and having troubles right away. I would take the car to a Kia dealership and have them check it out. They're the most familiar with it so they will be your best shot at solving the problem. The problem may be easier to fix than you think. It's unlikely the dealer where you bought the from would unwind the purchase especially after you took it to a trusted third party to be checked though they probably would be glad to trade you out of it into another car.
    Good Luck!

  71. 71. Mad Marv [ May 03, 2014 @ 04:14AM ]

    Good Morning, Anthony.

    Ugh, water leaks are always frustrating and I feel your pain. Part of the reason the dealer might not unwind the deal is the time period you've owned the car. As discussed in some of the earlier posts in this column, titling and registration has already occurred which makes it very difficult to unwind though not impossible. It is a stretch but if you want to give it a go with the General Manager then by all means. At the very least he should be willing to trade you for the 2014 model at a minimum of expense. Here's hoping for a positive outcome.

    Good Luck!

  72. 72. Lakerman [ May 31, 2014 @ 06:19PM ]

    I must say great article. Yesterday I traded in my old vehicle and purchased & signed papers for brand new vehicle from a major dealership in NC. The next morning not even 24 hour I returned the vehicle (what a hassle) the dealer agreed to take back the new vehicle & give me back my old vehicle. I called the auto loan company to see if everything was finalize (she said they only have my application and no other paper work) and to tell them what happen, the customer service rep. said over the phone that she will put a notice on my application/file. I also drove back to the same dealership later today and saw it in person & online that the vehicle was back on the market. My question is do you think the dealer submit the paper work and try to get the money from loan company, also do you think I will be charge by the loan company for my loan if I signed all the papers, returned the new vehicle and gave the dealership gave me back my trad/my old vehicle? (One more thing I must add the Finance Manager also told me he would try the next day (today) to see if he could get me a better rate with another lender so I could a better extended auto warranty plan so it wouldn't make my monthly payments go up which makes me think the deal was not finalized. Thanks Lakerman

  73. 73. Lakerman [ May 31, 2014 @ 07:14PM ]

    I also should have stated that vehicle was back on the market as a brand new vehicle.

  74. 74. Mad Marv [ June 01, 2014 @ 11:07AM ]


    Sorry to hear you were dissatisfied with the transaction and even more pleased to learn you dealt with a reputable dealership.

    To be clear, the dealership is the originating creditor which is why their name is at the top of the contract. The offer of credit from them is based on the conditional approval from a sales finance company (bank or lender) that agrees to purchase the contract from the dealer if those conditons are met i.e. APR, loan length, down payment etc. This is why the lender told you they only had your application because the contract documentation was still in the possession of the dealer. Keep in mind that the dealer has the legal right to follow through with the contract assignment to the lender if they so choose but since they agreed to unwind the deal and return your trade, the deal is considered null and void. The reason the vehicle is still listed as new is because registration and titling didn't occur due to short time you had possession of it. They simply restored it to inventory.

    I feel certain this dealership wants to make you a happy customer and will do what they can to accomplish that. Perhaps a better offer will make you feel more confident so allow them a day or so to do that. Note-not every dealer would have unwound the deal so if you're still wanting to trade I would STRONGLY urge you to do business with them.

    Good Luck!

  75. 75. Lakerman [ June 01, 2014 @ 02:04PM ]

    Thanks for answering my question. I will keep you updated to see if the dealer followed through with the contract.

  76. 76. Lashawn [ June 03, 2014 @ 05:55PM ]

    Hello Marv. I cosigned on a 2008 Honda for my son so that he could establish some credit, and I wouldn't have to take him everywhere After leaving the dealership I noticed that the bill of sale had my sons last name wrong, and they never collected the paycheck stubbs. I called them back and they set up for us to come back in the next day. We went in and signed the bill of sale with the corrected last name, but we all forgot about the stubbs. They called me the next day to bring them the stubbs. Low and behold, my son lost his job and I didn't want to pay the car note so I called them to tell them the situation. The used car manager is supposed to be calling me back to work something out. My question is, being that I could qualify for the car on my own will they try to make me keep the car? The bank required check stubbs as part of the approval, and if I don't furnish them then no approval correct? Also, will I lose my down payment? Please help!

  77. 77. Mad Marv [ June 04, 2014 @ 05:02AM ]

    Sorry to learn about your son's job loss. I'm certain he will find a better one soon.

    As I mentioned in other responses in this article, the Dealer is the originating creditor and owns the contract until they assign (sell) it to a lender. The paycheck stubs are a requirement of the lender they've chosen and should have been collected prior to signing the documents to ensure the income was acceptable. Some lenders call to check job statuses after receiving the loan documents from the dealer so it would not only be unwise of the dealer to submit the contract (provided they have the pay stubs) it would also be unethical. The dealer could also resubmit your loan application to a lender that doesn't require income proof but since they now have knowledge your son is unemployed, it would be a violation of the agreement between the lender and dealer to say that he is employed. I won't delve into the legal ramifications of this action because I'm no expert in this area.

    I do not think the dealer would be so unethical as to do this so it sounds like you may have the option of unwinding this deal since the lender requirement can't be satisfied. There is no reason the dealer should refuse to return your down payment.

    Now, if you have confidence your son will have a job soon and still want to keep the car then ask the finance office to resubmit the application to a lender listing your son as unemployed along with yourself as cosignor and see if it can get approved that way. I'm certain his job situation is temporary and he's going to need that transportation so give this option some thought.

    Good Luck!

  78. 78. Evan [ June 06, 2014 @ 04:56PM ]

    Hey Marv I have a question. I was shopping around for used trucks and I settled on one I liked and took it home. The thing is there were a few things wrong with it when I took it and the dealership agreed to take it in and have it looked at. Turns out the crankshaft was bad so they agreed to fix it a no charge. Here's where it gets interesting. A salesman at a different dealership that we are personal friends with called me about a different truck that he just got in and asked if I was interested. I've had the original truck for 5 days and have not paid the down payment as of yet and was told I can unwind the deal and go with the other truck. Is this true since I have not paid said down payment or given them my paystub as they requested???

    Thanks for any help!!!

  79. 79. Mad Marv [ June 07, 2014 @ 04:12AM ]

    The income proof is a requirement of the lender they will be selling the contract to and without it they will be holding the note since they are the originating creditor. If the dealer chooses, they can hold you to the contract terms and collect payments themselves. This is unlikely since the dealer depends on cash flow and isn't a bank. Then there is the matter of your unremitted down payment.

    Now, the dealer appears to be honest and eager to keep you as a customer by repairing a pretty expensive problem since it's likely your truck is out of factory warranty. And what guarantee do you have that the truck your friend has called you about is better? Would his dealership pay for such an expensive repair right after delivery? I would give some weight to this in deciding what to do.

    Good Luck!

  80. 80. Mike Bouch [ June 16, 2014 @ 10:25PM ]

    I bought a car about 2 months ago, I have recently discovered that the warranty is void because the vehicle has been Re-Vinned. This was not disclosed to me before the purchase. I called the dealership and they sent me the original VIN. The warranty still wont cover anything. After some more digging around I found out the vehicle is actually a Quebec original vehicle when I was told it was an Alberta original vehicle. I live in B.C.. I have had nothing but problems since I bought the Truck and nothing is covered now. If I had known from the get go that it was from Quebec I would have never signed the papers. The original papers said did not mention it was re Vinned, when I came to pick the Truck up 1 week after I had bought it the dealer pressured me into signing a new contract that then stated the vehicle had been re vinned.
    Do I have a case to un wind the vehicle?

  81. 81. Ginny [ June 17, 2014 @ 12:22AM ]

    I tried sending you an email with my story but it won't send. Maybe it's too long. Can you please email me back so I can explain to you my situation? I want to cancel a very bad car deal and need advice. Please help. Thank you.

  82. 82. Mad Marv [ June 17, 2014 @ 07:14AM ]

    Ginny-The comment section here is limited to 2000 characters. If you cannot shorten it to accomodate your story then email me direct at and I will answer you back both here and direct.

  83. 83. Mad Marv [ June 18, 2014 @ 02:37PM ]

    Sorry for the delay, Mike. I had to do some research about "re-vinning", as it is an unheard of practice here in the U.S., before offering you an answer.

    I consulted with several colleagues who are familiar with Canadian auto transactions and was advised that the only instance a vehicle would be re-vinned is if it has been stolen and written off as a loss then later found. This would seem reasonable, I suppose, if the title had been declared dead. There may be other instances so don't hold me to that single reason. Whatever the reason, it appears something major occurred to cause such a drastic action.

    The likely reason you were asked to sign a contract stating the VIN had been reissued was a condition of the lender so they're covered. Even though there seems to be some misrepresentation on the part of the dealer, at least from the outset, they did reveal it at the end and asked you to re-sign at which point you could have refused and walked away due to the revelation of that knowledge. If you cannot persuade the dealer to reconsider and unwind the purchase then you might want to consult an attorney and or the Motor Vehicle Sales Authority of BC. I'm told they regulate and license all dealers in that province.

    Good Luck!

  84. 84. Elaine [ June 22, 2014 @ 08:19AM ]

    Hi we just went to a dealership today signed documents and contracts and we didn't have the car yet the dealership still have it. Can we cancel the contract since it shows on their flyer we have 72 hours to change if were not happy with the purchase. We put a down of $1500 and wrote a check for $3500. The montly payment is really too high now that were home we realized its out of our budget. Please advise thanks

  85. 85. Paul Haynes [ June 22, 2014 @ 10:03AM ]

    Hello I recently traded in my truck for a Mustang and the truck has been paid off and sold by the dealer but after almost 3 months the finance company has still not financed my car due to neglect of getting the proper paperwork to them promptly from the dealer and now my job status has changed lowering my income. I have received over 5 rejection of credit letters from this lender even after being told it was financed and have even signed twice on the car and I put $2500 cash down. Can I retract my decision on this car and get my down payment back?

  86. 86. Mad Marv [ June 23, 2014 @ 03:37AM ]

    Hi, Elaine. Sorry you're dissatified after so much research and time investment.
    Some dealers advertise like this so the best way to find out is put their advertisement to the test. Now, there may be some conditions in the fine print so don't be surprised to learn that buyer's remorse isn't allowed as reason to unwind the deal.

    Good Luck!

  87. 87. Mad Marv [ June 23, 2014 @ 03:54AM ]

    Hello, Paul. Hate to see this happening to you.
    Three months to get the documentation correct seems like a long time. I advise you to pay a visit to the General Manager and make your case. Surely he is aware the lender has not funded the contract to the dealer. As I've reminded others about the subject of unwinding a car deal, the dealer has sole discretion in most cases. However, something asppears to have gone awry in your case and a face to face meeting will likely reveal what it is so this problem can be solved.

    If you don't get satisfaction after that meeting then you might want to contact an attorney to help.
    Good Luck!

  88. 88. Steve H. [ June 27, 2014 @ 07:49PM ]

    Marv, thanks for your page. I will try to be concise. I leased a new vehicle from a manufacturer’s dealer recently. I worked out a decent price for the vehicle but the FI guy packed my payment with everything he had. I signed the papers with him late at night without reviewing very closely what I was signing - a VERY bad decision that I regret. I resolved to live with the deal in spite of my mistake. About three weeks later he calls me back and asks me to come in and re-sign a new lease because he did not charge me enough sales tax. I refused to sign a new lease as I was not about to make the same mistake twice. This escalated until I went in to the GM and offered to buy the vehicle strait up with my own financing (which I had secured before meeting with him). He agreed and gave me a very nice deal on the vehicle (about 20% below sticker). During this deal I asked him about the lease I had signed and he told me that it was void, like it had never existed.

    I purchased the vehicle at that time and have been happy for the last four weeks or so. Well, I just got another call from the dealer asking me to come in and sign cancellation forms for the warranty add-ons I signed the night of the leasing. I was under the impression that those add-ons had ceased to exist with the lease agreement, as per the GMs comment. So this is my question, since I own the vehicle now and have paid for it in full (with my loan) if I go in and sign these cancellation forms will the dealer try to charge me a prorated fee for the cancellation (It has been almost 60 days since I signed them)? I feel like I am being a bit paranoid, but during my lease experience they tried to pull EVERY trick in the book on me. I feel like this is just another ploy to get some cash out of me.

    Thanks Marv!! -Steve

  89. 89. Mad Marv [ June 28, 2014 @ 11:16AM ]

    Since the original deal was rescinded due to you financing it instead of going through with the lease then the related product enrollment forms (extended service contract and or maintenance programs) would be invalid as well. The likely reason the dealership is asking you to sign the cancellation forms is because they probably submitted the coverage to the respective insurance companies and now want to recover their cost's. There is usually a cancellation fee when this is done but since you financed it and didn't buy those