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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 53920
Experience:  Licensed attorney helping individuals and businesses.
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I bought a used car on 9/15/15 at a used car dealer. I gave

Customer Question

I bought a used car on 9/15/15 at a used car dealer. I gave them $600 cash and financed the rest. After I test drove the car I told the salesman that I'd come back later with pay stubs but he said I did not need to and I could guess my monthly income,
so I did. The next day they called and said they needed pay stubs, at that point I realized I had miscalculated my income and I don't make as much as I had said. I emailed the dealer and explained what happened, he emailed back and said "We can handle the
financing situation if you communicate better with us. You’ve submitted an application with wrong information. This might be considered as a fraudulent application to obtain credit. We can possibly handle this situation with the bank if we can explain the
true story to them and see if they will accept it. However, in the mean time you need to contact us. We will be sending you a formal request to bring the car back to us until we handle the issue." I replied and said I had no problem returning the car but expected
I'd be getting my $600 cash back. He then said he did not want me to return the car he just needs bank statements. I now got a text message saying "The bank is returning the deal. Please follow instructions on the letter that I sent you. We expect to get our
car soon in the same condition it was given to you". I have yet to receive any letter so I emailed him saying I'd bring the car back sometime today but I expect my $600 back and now he is not replying. My question is, can they keep my $600 cash down payment?
Any other time I've emailed him I get a reply right away until now. I want to know what to expect when I get there to return the car. Also should I wait until I get the letter before I return the car?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 1 year ago.

You are entitled to your deposit back. Otherwise dealer is unfairly enriched. You should not wait on the letter.

Customer: replied 1 year ago.
Can they try and charge me for the time I've had the car?
Expert:  Infolawyer replied 1 year ago.

No, not in this situation. they could try but not entitled!

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.

Customer: replied 1 year ago.
I will, but what do I say if they try to charge me? I have a feeling they will
Expert:  Infolawyer replied 1 year ago.

You threaten complaint to the BBB and attorney general office.

Expert:  Infolawyer replied 1 year ago.

suggest turning matter over to a lawyer.

Expert:  Infolawyer replied 1 year ago.

Best of luck!!

Customer: replied 1 year ago.
if they try and keep my money I have to spend money on a lawyer?
What will the attorney general do? I know the BBB is just a complaint.
I don't want to leave there without my money! And since he is not answering my email regarding my down payment I think he is going to try and keep it.
Is there any reason he would have the right to keep it?
Expert:  Infolawyer replied 1 year ago.

you could pursue in small claims court without a lawyer

Expert:  Infolawyer replied 1 year ago.

The agencies i mentioned can investigate and require the money to be returned.

Expert:  Infolawyer replied 1 year ago.

I see no basis for him keeping it.