Q: I recently agreed to purchase a new Kia, but parts of the deal didn’t go as expected and I feel as if I’m not getting what I bargained for. I told the dealer I wanted to back out, and they say I’m stuck with the car. Is the buyer obligated if the seller can’t deliver what was sold? — Carol Fritz, Burlington
A: A purchaser is never obligated to pay for something they did not order unless there’s a tacit acceptance.
Still, automobile contracts are a different bunny. The folks at the Colorado attorney general’s office made it clear to me that once a contract is signed, you are bound by the deal.
Like many things, however, there is a “but . . .” in there.
There is no three-day right to recession, though so many consumers here believe it does exist. Sadly that’s when things come to a head at the auto dealership.
The right of recession does exist in some other states, so if you purchase a car in one of those locations and drive it back to Colorado, keep in mind you can back out of the deal. Remember, though, you’ll have put a good bit of mileage on the car and likely will be liable for that expense.
But . . . if one of the items to a contract is not adhered to, you do have the right to back out. A delivery date missed or the car is not as described are good examples.
Any business reluctant to give you something in writing is always a red flag. What might go wrong later isn’t of consequence if the promise is not written down. That’s why it’s always good to simply walk away from someone unwilling to put it writing.
However, there is one little thing that most consumers don’t know. A dealership can, indeed, agree to let you back away from the contract — even if you’ve paid a deposit. The kicker: They can keep up to $500 of your deposit money.
Still upset? Complain to the Auto Industry Division of the Colorado secretary of state’s office.
