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Law Girl
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Category: Consumer Protection Law
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Experience:  I am an attorney versed in laws that protect consumers.
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I bought a car from a Ford dealership in Texas on Sat, Mar

Resolved Question:

I bought a car from a Ford dealership in Texas on Sat, Mar 26th. Didn't like it, drove bad and took back on Monday. Dealers are closed on Sun in Texas. Dealer is charging me $6000 to trade that car in for a new one. Didn't realize until I got home that I had not received my $4000 down payment back. Dealer is saying it is not due me.
Can anyone help?

I bought a used 2007 Infinity on Sat. Mar 26.
$22,995 plus ttl
Total $25,745
Paid $4000 down – financed 21,745
I drove home and back on Monday. Dealer closed on Sun.
Dealer would not negate deal. My only option was to lower my Infinity payment and keep or trade in for a new Fusion.
Bought a new 2011 Ford Fusion
Total price $24, 135 plus ttl
Total $ 25,509
Dealer gave me 19000 for my trade in. Loan payoff was $21000
Finance sheet $ 26,254
Paying $30k for a Fusion.
Submitted: 3 years ago.
Category: Consumer Protection Law
Expert:  Law Girl replied 3 years ago.

Law Girl :

Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information I am able. When you purchased the car, did the dealer offer any type of warranty?

Customer:

The first car was used and had some factory warranty still left. The new car does have the factory warranty.

Law Girl :

Even if it has a factory warranty did the dealership offer a warranty with it or was it sold "as is"?

Customer:

Hmm- I'm not sure. I think as is.

Law Girl :

To the extent that the dealer did not offer a warranty, the vehicle was sold as is. This means that the dealer has no obligation to take the vehicle back once it has left the lot. Now if your down payment was not properly credited, you definitely have a right to a proper credit; however, you do not necessarily have the right to take the vehicle back or negate the deal (unless the contract specifically allows this as Texas law does not.)

Customer:

But couldn't I argue that charging me $6000 for a few hours is morally wrong?

Customer:

I know it's my fault I signed it but I can't believe it. How can they get away with that?

Law Girl :

Is the $6,000 morally wrong? Arguably. However, legally the dealer really has no obligation to take the vehicle back. Unfortunately, many vehicles lose resale with a new owner (even for a few hours). This is why the law places the onus on the new owner to thoroughly check out the vehicle prior to purchase. The reason the law allows this is because some people will buy a vehicle, use it or alter it in some way of which the dealer has no knowledge. I am sorry.

Customer:

ok - - thank you.

Law Girl, Lawyer
Satisfied Customers: 4606
Experience: I am an attorney versed in laws that protect consumers.
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