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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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Can I sue a dealership for not Paying off my trade

Resolved Question:

Its been 2 months since i have traded the vehicle.The dealer told me to take my time on the down payment, so i did. Due to some financial difficulties i had told the dealer that i had made a mistake and offered to pay for the miles i have driven. Thats when the threats came. Thankfully i was able to get him the down payment by getting a personal loan(3,000). Yet the dealer has not yet paid off my trade and hasnt even sent my info to the Dmv so i can get plates..
Submitted: 9 years ago.
Category: Legal
Expert:  rvlaw replied 9 years ago.

Hi,

Absolutely. First thing Monday morning, go to your local small claims court and start a suit. Enough time has passed. It's open and shut.

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Customer: replied 9 years ago.
I had asked him or a downpayment extension before i got the loan. After i did that was when i desided i had made a mistake. Thats when i offered to pay the miles..threats came, got him his money asap. Still no payoff. When the deal fist got put together, with two weeks i had asked the dealer about the payoff and the dealer told me he had sent the check...but no check was even sent...The dealer had really mad this so hard and i want to know what can sue this jerk for??
Expert:  rvlaw replied 9 years ago.

For the 3K so you can make the payment plus any incidental provable money damages....actual losses. You are not going to recover for the emotional upset.....those kinds of damages are not recoverable in a contract matter....sorry.

XXXXX XXXXXcata

Customer: replied 9 years ago.
I have already given him the down payment. But i cant get him for breach of contract. My promises are made but his are not. And what do you mean by incidental provable money damages
Expert:  rvlaw replied 9 years ago.

If he hasn't paid off your trade, the finance company is going to be after you sooner or later, unless I am misunderstanding the facts. If so, please clarify.

Incidental......if you incurred additional charges or interest since he didn't pay off the trade, etc.

XXXXX XXXXXcata

Customer: replied 9 years ago.
The finacial company has been after me now for a month now.. They are understanding but i have made some deffered payments to the financial company. Can i atleast get that back?
Expert:  rvlaw replied 9 years ago.

THERE IS NO REASON FOR YOU TO BE HAVING NEGOTIATIONS WITH THE FINANCE COMPANY ANY MORE. THE DEALER SHOULD HAVE PAID OFF THE TRADE! Bring the suit.

XXXXX XXXXXcata

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