Focus Fanatics - View Single Post - Z-plan falling through; where do I stand?
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Old 09-04-2012, 10:37 PM   #12
suss6052
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Join Date: Feb 2012
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Location: ..., MI
What I Drive: 2013 Ford Focus ST2 Ingot Silver

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Quote:
Originally Posted by Nik00117 View Post
Depends on if you drove the car home or not, if you did and registered it that creates an entire legal issue. Although you could play hard ball with them (Legal costs is alot)
They said they already put 250 miles on the car, so that means they took it home and probably also started to register it through the dealer when they went to buy it. That seems to indicate to me that the car can no longer be sold as new should they try and return it.

http://www.dmv.ca.gov/pubs/vctop/d05/vc11709_2.htm

"Notice to Public: Contract Cancellation Option

11709.2. Every dealer shall conspicuously display a notice, not less than eight inches high and 10 inches wide, in each sales office and sales cubicle of a dealer's established place of business where written terms of specific sale or lease transactions are discussed with prospective purchasers or lessees, and in each room of a dealer's established place of business where sale and lease contracts are regularly executed, which states the following:

“THERE IS NO COOLING-OFF PERIOD UNLESS YOU OBTAIN A CONTRACT CANCELLATION OPTION

California law does not provide for a "cooling-off" or other cancellation period for vehicle lease or purchase contracts. Therefore, you cannot later cancel such a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired a different vehicle. After you sign a motor vehicle purchase or lease contract, it may only be canceled with the agreement of the seller or lessor or for legal cause, such as fraud."

However, California law does require a seller to offer a 2-day contract cancellation option on used vehicles with a purchase price of less than $40,000, subject to certain statutory conditions. This contract cancellation option requirement does not apply to the sale of a recreational vehicle, a motorcycle, or an off-highway motor vehicle subject to identification under California law. See the vehicle contract cancellation option agreement for details.”"

The only loophole the op appears to have is if they can get the dealer to agree to change the contract, but chances are it won't be in their favor. The legal cause is the fact that they ended up having lied about qualifying for Z plan since they couldn't get a pin in the end and therefore the Z-plan price no longer applies, and they may at the least be liable for paying back Ford for the dealer commission, if not the remainder of the price difference outside of the rebate and other discounts qualified for.
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