May 15 2008
Car Buyers Bill of Rights - Defects of the Law
Pursuant to California’s Car Buyers Bill of Rights if a used buyer agrees to pay a fee ranging from $75 to $400 depending on the price of the vehicle, he/she has the right to return the vehicle to the dealership for any reason within two days. However not all dealers take the vehicle back even when the buyers paid for the return option. Some dealers may persuade buyers to waive this protection, while others will refuse to take the vehicle back without payment of unauthorized “restocking” fees.
On November 28, 2007, a press conference was held on the steps of the Capitol by consumer groups the purpose of which was to highlight the defects in the California’s Car Buyers Bill of Rights. According to Rosemary Shahan of the consumer group CARS there is no good reason a buyer should have to pay anything for the two day right of return. In case the vehicle is returned, the law provides for reasonable “restocking” fees and that should be sufficient compensation for the inconvenience.
One of the customers, who was not protected by the Car Buyers Bill of Rights told his story. He purchased a used 2005 Chevy Silverado from Capital City Motors in Sacramento. As the buyer does not speak fluent English the dealer persuaded him to waive the two day right of return. Several days after taking delivery, the buyer noticed the defects of the vehicle such as the door would not seal and air was coming in gaps in the cabin. When the customer returned the truck to the dealer the next day asking for his $23,500 back, the dealer refused. After the investigation held it was revealed that the truck had been in two severe accidents, one a roll-over and the air bags had popped.
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