Contract Date Vs Date of Possession

Question

If all the paperwork to purchase a certified pre-owned car in TX is negotiated, signed & dated by the buyer and dealership.

However, the buyer was not given physical possession of the vehicle until over a week later; this being caused by the dealer and not the buyer.

Then the buyer decides 24 hours after gaining possession, that they want to return the vehicle under the “3 day return with no penalty” laws.

Does the date the paperwork was signed apply as to when the 3 days begins, or does the date the buyer was actually given possession by the dealer apply as the date the 3 days begins?

I haven’t been able to locate any references to the specific legal distinction in any sources yet, so any references, sources and non-legal advice is all appreciated!

Answer 1

I found this reference from texasattorneygeneral.gov which may be of use to you:

The 3-Day Right to Cancel a Purchase

Many consumers are under the impression that they have a 3-day right to cancel any and all consumer purchases. However, this is not true. The right to cancel law applies only to very specific situations.

The 3-day right to cancel law applies to sales made at facilities other than the seller's place of business. Such locations may be the consumer's residence and places rented on a temporary or short-term basis, such as hotel rooms or convention centers.

Because the exclusion of "other than the seller's place of business" does not appear to apply in your case, I think the 3 day return is not applicable. There may be other mitigating factors to your benefit that do not fall under this ruling, however.