I gave a used car dealer a $1500 down payment and it is "non-refundable". I haven't driven the car off the lot yet. If i refuse to take the car home, can the dealer refuse to give me back my down payment? I haven't signed any finance documents or anything but a piece of paper that said the payment is non-refundable.
Country relating to Question: United States
State (if USA): Florida
Haven't done anything and the dealer doesn't know that I know that he is overcharging me.
Hello and thank you for the question. I am sorry to read of this dilemma.
Is there a reason you want to cancel?
did dealer mislead you?
He kept beating around the bush when i asked him for a sale price. He basically used my urgency to get a vehicle because my previous car was totaled and i needed a vehicle asap. I haven't taken posession of the vehicle or anything
You may seek to cancel then on theory of duress
You may also cancel if they misled you
You may not cancel as an automatic right though
would I forfeit my down payment? I do need a vehicle and I just want a fair deal... I won't let him know of my knowledge of the fair price.
You would not
on those grounds you can get that back!!
But it may take litigation and complaint to BBB and dept of consumer affairs
if they contest you
would i be okay as long as i don't drive off the lot in it? litigation may cost me more than 1500 and i would still be stuck without a vehicle
That is helpful
if you never take possession
if concerned with fees, you may want to compromise
bargain for a partial forfeit
of the deposit
in exchange for being released.
litigation is indeed expensive and time consuming
So what would you advise in this situation?
Negotiate to resolve it
consider giving up half the deposit
and walking away
that would be reasonable
If i choose to take another vehicle are they required to honor that deposit?
they would apply it
and that is another solution
they usually wont care
as this way they retain full commission!
okay, I am! Thank you so much!
Ready to rate
great. I turned it on.
Have an awesome weekend
Licensed attorney helping individuals and businesses
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).