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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33730
Experience:  Attorney with 15 years experience in various consumer protection areas
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I bought a car, two weeks later they contact me that I still

Customer Question

I bought a car, two weeks later they contact me that I still need to pay the $2000 down payment. there was no way I would have or could have done the deal with that kind of down payment. They have sold my trade in but are threatening to hold my title paperwork until I pay the down payment. If they didn't collect it at the time they said the deal was done and they sold my car what am I obligated to do.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Does the contract for the purchase of the car actually state that you have to put $2,000 down in addition to your trade in?..thanksBarrister
Customer: replied 1 year ago.
It says cash down payment $2000. Nothing really says it was paid (past tense) or has to be paid. We checked with the place I financed with and they say the loan with them is fine and approved. The lien on the car traded has been settled / paid off. We are caught off guard with this $2000 they want now. I feel deceived that they didn't ask for it at the time I drove off with the car. It wasn't busy, it wasn't at the end of the day they even had me sign paperwork once with an error in my name and then the same day I returned with the title of my trade in and they had me sign the paperwork again. Both times no one asked for a payment I was looking at my finance rate and my total financed and monthly payment I didn't agree to a down payment but yes technically the paperwork says a 2000 payment was part of the deal
Expert:  Barrister replied 1 year ago.
Ok, unfortunately if the contract states that $2K is due as an additional payment as well as your trade in, and you can't prove that you have paid it, then they would have the right to demand that payment and enforce the contract..If you are unable to pay it, then they could repo the car, sell it, and then pursue you for any deficiency between what the car sells for and what is owed. .I am sorry to say it, but the fact that they didn't collect the $2K when the deal was done wouldn't keep them from doing so now as they would have up to 5 years under KS law to pursue this under a breach of contract claim..I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.....thanksBarrister
Customer: replied 1 year ago.
I told them this was not what I agreed to and if this is what the contract says then I wanted the trade in back which of course they don't have. Isn't this bait and switch.
Expert:  Barrister replied 1 year ago.
I hate to say it, but if it was clearly spelled out in the contract that you signed, then this wouldn't be considered "bait and switch" because a party to a contract is presumed to have read, understood, and agreed to the terms once they sign it..I don't like the way the do business, but I don't see any laws being broken by their actions...thanksBarrister