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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
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Experience:  Lawyer
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Am I entitled to a refund of my money from this car dealersh

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Hi, I went to a car dealership on Aug. 3, 2013 and purchased a used 2007 BMW 335 with no warranty/as is. They approved me for the loan supposedly and let me drive off with the car home.(50+ miles away). Two days later I'm driving the car home from work on the expressway and the low coolant light comes on, quickly followed by the car overheating. I was barely able to get off of an exit, pull over and call my insurance company to come and tow me home. Three hours later I was picked up with the BMW and got home. The radiator plug had cracked on the car and was leaking coolant badly. Since my extended warranty wouldnt have kicked in for another month I had to swallow the $450 cost to repair the radiator at my mechanic. The dealership calls me yesterday and tells me that the loan didnt go through because they dont have my paystubs and other paperwork. I told them I am not interested in driving another 50+ miles to the dealership and they can come get their car since there is no financing at this point. My question is, am I entitled to my $450 that I paid to fix their car?? 


Basically, I am out $450 for a car repair only to find out that now they will take the car back.  So now they will have a fully repaired and brand new radiator and I am left without a car.

Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

If the contract states that it is contingent upon financing, then the contract fails. However, you may be required to make reasonable efforts to seek other financing, so take a look at the paperwork to see what it says. You want to verify that you can cancel the sale at this point.

When a contract fails, each party has a right to be put in the position he was in before the contract was agreed. That means that you should be able to obtain a refund for the money spent to do work on the car. However, they can also charge you a reasonable rate for the mileage used and the days that you had the car. So you might not get the entire $450 back.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.


Thank you Lucy. Just a quick follow up question. I understand the days and the mileage, however what if they delay in picking the car up? Am I truly responsible for them taking their time in picking up their car?

If they agreed to pick it up and you're not putting additional mileage on it, then they shouldn't require you to pay for the time it is just sitting in your driveway.
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