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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Unlike many other states, Nevada has no legal “cooling off” period for a vehicle purchase (http://www.dmvnv.com/regdealer.htm). Your son should still send (or if possible, hand deliver) a certified or notarized letter to the lender, stating that a change in employment circumstances makes fulfilling the loan terms impossible…but the lender is under no requirement to “cancel” the loan. So we’ll talk about several options, following the first, best choice…successfully asking the dealer to take the RV back. I always suggest, when trying to get out of a contract, to have a professional representative to eventually handle formal negotiations. This often means, first, going in person informally and asking to be released from the contract. And, no, don’t just pull up with the RV and the keys. Your informal approach is decidedly non-confrontational.
Understand that, depending on the dealership, they may not feel they have many options. If this is a used vehicle dealer, and independently owned, you can expect more flexibility by the dealer. So your son can start with that face-to-face meeting, and be sure to bring a respected and reputable looking, witness along with him. Psychologically, going alone makes it less likely to get a good deal. A married couple, and perhaps you or your wife, will more likely get a break.
Even before going to the dealer, suggest he immediately go talk with a lawyer. See the lawyer that day, even if that means he has to wait for hours to get in. That same day, when you talk with the dealer, don’t use contact with the lawyer as a threat. Stay calm and friendly. At first, he is relying on their good will. Besides, the dealer knows Nevada law about rescinding a contract…especially since it’s already funded.
If they won’t immediately agree, try and get them to think about it for 24 hours. Avoid a confrontation that closes that door. The purpose of the initial legal consultation is to get an idea of (a) what the contract says (if there are problems in the formation of the contract) and (b) being able to negotiate a reasonable rental use fee of the RV, or brainstorm other options.
Getting Affordable Legal Advice
What’s interesting is how to handle a disagreement of this sort, when the dealer declines to “take it back.” After (1) your son has had an initial brief meeting with a lawyer, (2) talked with the dealer and (3) been told “sorry, no way,” then he may have to face two problems. First, where to keep the vehicle so he won’t be diminishing its value? Second, how to afford a lawyer to advise him and to renew his request to be released from the contract, but with more formal authority, including contact by the lawyer?
Since he is now unemployed, let’s discuss some places to look for affordable legal help. There is Nevada legal aid: http://www.lacsn.org/ and many county Bar Associations have Pro Bono help, too: http://www.clarkcountybar.org/index.php? option=com_ content&task=blogcategory&id=47&Itemid=100
Other Issues
It may be plain that the reason he wanted out of the contract was being laid off. It is also possible, however, that he discovered other problems with the RV. There may have been misrepresentations (damage to the roof? A broken odometer? Problems with the exhaust?). These complaints may yet be another way to get out of the contract
With any other options, however, you are both hoping that the dealer will simply say….”Okay. We know you’re in a tough spot. We’d like your future business, and we like people to know we work hard in hard times.” So before taking any escalation, give them another chance to negotiate. This is most likely to work when you let them know, step by step, that you are easy to work with, but that you need them to take the RV back. So with that in mind, if you have a specific complaint, here’s the Nevada DMV complaint form: http://www.dmvnv.com/pdfforms/ced020.pdf.
If you do have other legal grounds for getting out of the contract, an affordable option might be to try a suit in a small claims court. Here’s a site to see if your son’s claim qualifies for this fairly low-cost legal option, with a claim value of less than $7,500… http://www.clarkcountycourts.us/CivilSHC/small-claims/.
Unlike many other states, Nevada has no legal “cooling off” period for a vehicle purchase (http://www.dmvnv.com/regdealer.htm). Your son should still send (or if possible, hand deliver) a certified or notarized letter to the lender, stating that a change in employment circumstances makes fulfilling the loan terms impossible…but the lender is under no requirement to “cancel” the loan. So we’ll talk about several options, following the first, best choice…successfully asking the dealer to take the RV back. I always suggest, when trying to get out of a contract, to have a professional representative to eventually handle formal negotiations. This often means, first, going in person informally and asking to be released from the contract. And, no, don’t just pull up with the RV and the keys. Your informal approach is decidedly non-confrontational.
Understand that, depending on the dealership, they may not feel they have many options. If this is a used vehicle dealer, and independently owned, you can expect more flexibility by the dealer. So your son can start with that face-to-face meeting, and be sure to bring a respected and reputable looking, witness along with him. Psychologically, going alone makes it less likely to get a good deal. A married couple, and perhaps you or your wife, will more likely get a break.
Even before going to the dealer, suggest he immediately go talk with a lawyer. See the lawyer that day, even if that means he has to wait for hours to get in. That same day, when you talk with the dealer, don’t use contact with the lawyer as a threat. Stay calm and friendly. At first, he is relying on their good will. Besides, the dealer knows Nevada law about rescinding a contract…especially since it’s already funded.
If they won’t immediately agree, try and get them to think about it for 24 hours. Avoid a confrontation that closes that door. The purpose of the initial legal consultation is to get an idea of (a) what the contract says (if there are problems in the formation of the contract) and (b) being able to negotiate a reasonable rental use fee of the RV, or brainstorm other options.
Getting Affordable Legal Advice
What’s interesting is how to handle a disagreement of this sort, when the dealer declines to “take it back.” After (1) your son has had an initial brief meeting with a lawyer, (2) talked with the dealer and (3) been told “sorry, no way,” then he may have to face two problems. First, where to keep the vehicle so he won’t be diminishing its value? Second, how to afford a lawyer to advise him and to renew his request to be released from the contract, but with more formal authority, including contact by the lawyer?
Since he is now unemployed, let’s discuss some places to look for affordable legal help. There is Nevada legal aid: http://www.lacsn.org/ and many county Bar Associations have Pro Bono help, too: http://www.clarkcountybar.org/index.php? option=com_ content&task=blogcategory&id=47&Itemid=100
Other Issues
It may be plain that the reason he wanted out of the contract was being laid off. It is also possible, however, that he discovered other problems with the RV. There may have been misrepresentations (damage to the roof? A broken odometer? Problems with the exhaust?). These complaints may yet be another way to get out of the contract
With any other options, however, you are both hoping that the dealer will simply say….”Okay. We know you’re in a tough spot. We’d like your future business, and we like people to know we work hard in hard times.” So before taking any escalation, give them another chance to negotiate. This is most likely to work when you let them know, step by step, that you are easy to work with, but that you need them to take the RV back. So with that in mind, if you have a specific complaint, here’s the Nevada DMV complaint form: http://www.dmvnv.com/pdfforms/ced020.pdf.
If you do have other legal grounds for getting out of the contract, an affordable option might be to try a suit in a small claims court. Here’s a site to see if your son’s claim qualifies for this fairly low-cost legal option, with a claim value of less than $7,500… http://www.clarkcountycourts.us/CivilSHC/small-claims/.