ATV Florida Forum

Last night I went to a semi-local atv dealership. My finacee and I were looking at bikes, and before we knew it they had us filling out paperwork to get a Brute Force 750. Well now that it's the day after my fiancee is having serious remorse. We financed the vehicle, and haven't even accepted delivery of it yet. Is it possible to get out of the sale?

read the contract good. sometimes they have a buyers remorse clause.

The law gives you 3 days to back out of a contract. Call dealer asap and let him know to cancel contract
  Mama Grizz

Correct.

Oddly enough the dealer won't accept my calls. The secretary keeps putting me through to voice mail. Looks like I'll be making a slight road trip after work.

You may want to put it in writing as well.  Keep a copy for yourself that is dated.

1.  Double check the contract you signed for a remorse clause.

2. Write a letter to the dealer and the finance agency citing the remorse clause (and any other clause you can find that might let you out).

3. Send the letters via Fed Ex overnight with return receipt/signature requested. Be sure to write on the letters the Fed Ex numbers and keep copies of the same to keep with your reciepts you'll get from Fed Ex.

4. In addition, hand deliver copies of the letters to the dealer and give them to the manager or to the next in charge. Be sure to take a friend with you who can verify that  you gave the letters to them if needed. Also, faxing the letters is not a bad idea. In Florida, faxes are considered proper notice under the law with proof of send/receipt when originals are not required.

DO IT EXACTLY HOW HE SAYS.
he knows what hes talking about.     CYA

You wouldnt of had remorse if you would of gotten a Polaris ;)  J/K
Hope it works out for you

I agree, do as he says.

You have 72hrs. to cancel a contract it is state law. The dealer will of course tell you otherwise... dont listen, 72hrs is your legal right.
AND THATS A FACT JACK!

Good information Anoriginal. We should have a place in this site for this to stay. We can put other legal info like the Bill of Sale with it.

I could be wrong but I think that the 72 hrs. is if they come to you to sell you something not if you go to them. Be sure you read you contract real close to be sure of your rights.

   Jim,

Well from what I've read, and been told I'm stuck with it. The contract has no remorse clause. My attorney looked into it as much as he could being that the florida offices had already closed for the weekend by the time I reached him.

I went to the dealership, and ended up getting into a big shouting match with the main sales manager. He told me that the bike is now used since the warranty paperwork had been sent out in my name. He also said there is no such thing as a remourse clause. The contract states ABSOLUTELY NOTHING about returning. On another note while I was up at the dealership the delivery guy showed up and dropped the bike off. No one signed for anything. My fiancee told him not to leave it but they did any way. The guy told her that he used to be in sales, and people have tried in the past to get out of the contracts and it never worked.

my opinion is that they should just take it back! thats bad buisness considering you havent even ridden it yet!

WHY ARE YOU SO REMORSEFULL? ITS A GREAT QUAD!

  The  man  is  smart  and  golfs  too !! ;D   Gotta  love  that !! ;D ;D ;D ;D

The problem is the money needed to pay the payments. I don't discount the bike at all. It is the shizzle. lol.

Jim-
You are right. The 3 day escape is applied only if someone comes to your door to sell you something, uninvited.

Call the finance company- tell them you have buyers remorse, and will not make a single payment. DON'T MAKE A PAYMENT! Tell the finance company to come get it.  When I was 21, I bought a new car. Couldn't get insurance for it, and never made a payment. After a month of trying to get insurance, I parked it at the dealer and left it. Since I never made a payment, the finance co. never came after me and it never showed up on my credit report. I am not sure how that happened, but it's true. The car was titled and everything. I put almost no money down on it, so that wasn't a factor.

There is a law that applies to all purchases.  It call the 3 day right of resicion.  It applies to me as a contractor with my customers and it applies to anything that we buy as a consumer.  If you need feel free to email me and I will hook you up with my attorney.

I must say that I dont understand why you would sign a contract if you really did not want it.  You  and your fiance are  both old enough to make smart decisions.   

You need to be more responsible for your actions. 

I realize that I need to be more responsible. Thank you for that. Also I have a lawyer. A very good one at that. And he basically told me to wear a helmet, and enjoy my new ATV.
 
To everyone that thinks that there is a 3 day cooling-off, right of recision, etc. There isn't. I have spent MANY hours these past 2 days searching and reading online. There is no such law. If the dealership would have come to me to sell it, yes it would apply. Otherwise there is no luck, UNLESS it is written into the contract.

This is from Edmunds:

The Florida right of rescission law only works for home solicitation and mortgage refinance contracts.  It would be nice if it applied to all contracts though.

That is correct. There is no 3 day recission unless the you are solicited. As far as mortgages, The 3 day recission is only on your primary residence. There is no recission on 2nd homes or investment property.

Take another look at the contract. See what it says about delivery of the bike as a prerequisite to payments and liability. I'd be interested in knowing.

Did you give notice in writing that you intended to rescind?