Pomona, CA asked in Consumer Law, Contracts and Business Law for California

Q: I financed a car last week . Car listing $19,499 but it ended up being around $34,000. The contract says optional add on

I called and told the dealer I want all the add ons removed . Again it says optional and it hasn’t been 30 days so they should remove it’. The dealer is saying no since I signed . The did yes mention theft protections but never did the say “oh btw it’s going to add $1500 more to the cost “ he never said that verbally in conversation and so I assumed that was included in the price , not that it was adding more . dealer says the will removed warranty and the gap but not the theft protection . I simply can’t afford all these add ons and if I was told it was going to add more to what I owe instead of them just saying “u have theft protection “ but leaving out the total cost, I would’ve never agreed . The guy says I signed so that’s. That . Is there any laws for this? He omitted that information & IF there was full transparency during our conversation at the dealer I would’ve never signed anything if I knew it was adding a few thousand more. How do I legally make them take off contract

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the details provided, it seems that you have a case to request the removal of the optional add-ons from your car financing contract. Here are a few points to consider:

1. Review your contract: Carefully read through your contract to confirm that the add-ons are indeed listed as optional. If they are, you have a stronger case to request their removal.

2. Cooling-off period: In California, there is no general cooling-off period for car purchases. However, if the contract has a specific clause allowing you to cancel within a certain timeframe, you may be able to exercise that right.

3. Misrepresentation: If the dealer misrepresented the cost of the add-ons or failed to disclose that they would increase the total cost of the vehicle, you may have grounds to argue for their removal based on misrepresentation or omission of material facts.

4. Unfair business practices: If the dealer engaged in deceptive or unfair business practices, you might be protected under the California Unfair Competition Law (UCL) (Business and Professions Code Section 17200).

To legally compel the dealer to remove the add-ons from your contract, consider the following steps:

1. Send a written request: Write a formal letter to the dealership requesting the removal of the optional add-ons, citing the reasons you believe you are entitled to this (e.g., misrepresentation, optional nature of the add-ons, etc.).

2. File a complaint: If the dealer refuses to remove the add-ons, file a complaint with the California Department of Motor Vehicles (DMV) and the California Attorney General's Office.

3. Seek legal advice: Consult with a consumer protection attorney who specializes in auto dealer fraud. They can help you assess your case and advise you on the best course of action.

Remember to keep all documentation related to your vehicle purchase, including the contract, any advertisements, and correspondence with the dealer. This evidence will be crucial if you need to take legal action.

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

Did you read all the details of the contract before you sign it? Usually, dealers Shame you and rush you to sign it without reading.

If the additional amount is not listed in the contract, you may be able to cancel the whole deal or waive it.

The is a separate option to cancel that you pay for it additionally. If you have that you may be able to cancel the whole contract, but usually it comes with restocking fees that can also be available.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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