No Cooling Off question (I haven't taken physical delivery)?

Question

I just purchased a motorcycle on sunday. They did not have the bike but would have it in and ready for pick up on tuesday. Long story short... I don't want the bike from this dealer anymore and they are trying to claim a "No-Cooling Off" period to get me to take the bike. I have NOT taken delivery yet. I have signed the contract. Any help would be greatly appreciated. Thanks in advance.

Answer 1

Since you signed the contract, the purchase order agreement, you've bought yourself a bike.  Enjoy it.

They are right, no state (minor exception for CA but you have to ask for it and pay for it in advance) has a cooling off period, even though everyone claims you have 3 days.

Answer 2

I had a similar experience with a car (signed papers but didn't take possession).  They unwound the deal.  Whether that was because the buyer had not taken possession or because they were nice guys or because I was really pushy on my client's behalf (raising a stink at the dealership in front of the other customers) I can't be sure.  

I'm no lawyer, but it seems to me the law is to protect the dealer from having someone buy a car, drive it to the grand canyon and back, and then ask for a refund.  In your case, the motorcycle has not been used, so it's not an issue.  Seems to me they just don't want to lose a sale in a buyers' market.

In California (Contrary to what oklatom says) the "no cooling off period" applies unless you did the paperwork and took delivery at your home.  In that case the door-to-door sales rules apply, which allow a three-day cooling off period.

Good Luck, Ride Safely!

Answer 3

You normally have 3 days for a 'rollback'..meaning, to change your mind.  Yet if the dealer has a 'no cooling off period' on a contract that you signed, I think you have yourself a bike.

Answer 4

There is no "cooling off period" for motor vehicles.  I would call a lawyer about the fact that you have not taken delivery.  This may be your "out" but even if they let you off of the hook, I'm betting somewhere in the "fine print" it will say you must pay them x*x (so many) dollars

Answer 5

Buyer's Remorse! This is very common during any major purchase. I have sold cars for awhile and in the auto industry there can't be a sale made until the purchaser has took possession of the vehicle. I had many finance managers tell me that if I don't get the customer in to take delivery or finish all the paperwork the sale will not be made. I do think a dealership can hold a customer liable for some money if it was a special order. Most commonly this would be a deposit that the customer put down to order the vehicle. However, the dealership would have made you sign a contract that stated that  the money would be lost if the sale was canceled. Bottom line, I don't think the dealership can force you to pay for the vehicle since you never too possession. This is probably a salesperson at a dealership trying to hold you up to your end of the deal. Even though the work was done, the sale wasn't complete. I would talk to the manager and the finance director to seek help. If they still insist they are right, consider talking to an attorney to find the laws of your state. Don't accept possession or take delivery until you know 100% that you want the bike. Once you take delivery there is no turning back. You may want to ask an attorney if you are allowed to record any conversations you have this point forward. I don't know what it is about a recorded conversation that brings out the truth in most people and businesses.