The NCC`s related credit provisions (ss 125-141) allow the purchaser, in certain circumstances, to obtain damages from the car dealer and the dealer`s related credit provider for losses or damages caused by a misrepresentation, infringement or consideration in connection with the sales contract. This means that a buyer may be able to act against both the car dealer and the lender and use the car dealer`s liability as a defence to the lender`s proceedings. When a car dealership arranges the financing or introduces the buyer to the lender, the buyer may, under the NCC, take corrective action with respect to the sales contract and the financing contract. There are some things you can do if you feel you have been a victim of fraud in the car buying process, and there are a few steps you should take in case of fraud, starting with filing a complaint with your state`s attorney general. If there has been no fraudulent activity and you have not paid for a contract cancellation option or if you have the option to purchase a contract cancellation option, your options will decrease significantly. Pocket Sense lists a few things you can look for in this case: Legal termination of a contract is called resignation. In addition to resigning, you have the right, in certain circumstances, to terminate a sales contract (s 88B MCT Act). The procedure is listed in the Motor Car Traders Act (ss 45, 88B).“ Any delay on your part in the financing contract may lead to exposure to a lender`s legal proceedings. In this case, you may argue, in your defence, that your obligations under the Section 88B sales contract were therefore „unloaded“ with the revocation of the contract of sale under Section 88B, in accordance with Section 135 NCC. Section 135 allows the buyer to terminate a financing contract when the sale contract has been revoked or entered into when the dealer has returned the buyer to the lender (and has reached an agreement with that lender to regularly return potential buyers). However, the question may be whether the exit from the sales contract amounts to „relief“ within the meaning of Section 135. If you claim that a seller made a false presentation or that he has engaged in unacceptable behaviour, you should add these reasons to the letter of resignation (see model letter cancelling a car sales contract in Appendix C).
If the dealer exercises extracts of his right to terminate the sales contract within 10 days, you are not obliged to sign a second contract to purchase the same car.