Recent Feedback
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.
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: 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
a trade
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
you too!!
Bye
Experience: Licensed attorney helping individuals and businesses