 |
Case Details
Is it possible to have a cooling-off of a secondhand vehicle trade?
Transportation / traffic
Mail order, door-to-door purchase (push purchase)
I wanted to sell a car and contacted the bulk assessment website. The company that contacted me first assessed at my home. I signed a contract as I was told, “The purchase price is 450,000 yen. There are no other places that will buy it for a higher price than this.”
Later, I had another company assess my car due to a friend's recommendation. I was told that the purchase price was 650,000 yen. When I contacted the contractor, I was told that I could not cancel the contract. There is no provision for cancellation even when I read the contract document, but can it be subject to cooling-off?
Later, I had another company assess my car due to a friend's recommendation. I was told that the purchase price was 650,000 yen. When I contacted the contractor, I was told that I could not cancel the contract. There is no provision for cancellation even when I read the contract document, but can it be subject to cooling-off?
Advice
Since this example is a contract signed outside a store, it seems that it can be subject to cooling-off as a door-to-door purchase. However, passenger vehicles are generally considered to be products that are sold after careful consideration and are not subject to cooling-off by law. Therefore, once you have signed a contract, you cannot cancel it unilaterally. As a general rule, you will follow the cancellation policy written in the contract document.
However, there may be room for negotiations before the car is registered or delivered or if an unreasonably high cancellation fee has been set.
