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We participated in "Cash for Clunkers" on July 24th. When I last checked at home our clunker qualified. The deal proceeded without any problems, but took 2 1/2 hours, most of it we were just sitting in the office. On Wed., July 29th, the dealership called to say that our clunker no longer qualified due to the government's last minute change on MPG and now wants $4500 or our new car. According to my research, the dealer should have done a "side-by-side" printout on the day of the transaction to determine the amount of our rebate and if our car qualified for the program on that date, the DOT should honor the deal. 1) Can the dealer take the new car back? 2) If they do take the new car back, isn't it a used car now? Can they sell it as "new"? 3) If the dealership failed to print the "side-by-side" paper, isn't it their fault? 4) Isn't my purchase contract binding with the originally agreed upon price (after the $4500 rebate)?
State/Country of Question: California Already Tried: internet research
Typically the moment you take the car and drive it off the lot, it is yours, barring any Fraud from your end of the deal. Here, the dealer is the one that takes the risk that the program will either disqualify a ake, or not have enough funds to cover your trade, and not you. Therefore you have the right to demand that the contract be honored as signed, since it was not you that made a mistake. The dealer can try to take the car back, but you have an excellent way to fight it. Just contiue to make whatever payments you agreed upon so that you do not cause the contract to default for other reasons. If a dealer takes back a car, they sometimes sell it as a "dealer car" and typically offer discounts on the vehicle. If the dealership did not print out certain documentation, then the dealer is responsible and not you. And yes, your contract is binding, unless you knew, or had reason to know, that your car was not eligible for the program. The moment everything was signed and you drove away the dealer is bound by the contract that you both agreed to. Sincerely, Dimitry Alexander Kaplun, Esq.
Thank you for your reponse. May I have clarification on a few points?1) We paid cash for the car (credit card & cashier's check), so they can't repossess the car, right?2) According to AAA, the car is registered under our name, but has a "hold" pending. The DMV is closed due to mandatory furlough so we don't know the reason for the "hold". Legally, is the new car ours? Can we undo the "hold" on the registration?
I would be happy to try to clarify further. 1. If you purchased it outright, they cannot repossess, unless they placed a $4,500 lien on the car for the cash for clunkers. 2. Find out what the "hold" is for--if it a lien on the vehicle, then you would have to go to court and remove the lien by arguing that you paid for the vehicle, and any issue with the rebate is the sole responsibility of the dealer and not yours once you formally take delivery. Sincerely, Dimitry Alexander Kaplun, Esq.
Attorney
JA Mentor, Licensed in PA & NJ, specialize in business/contract disputes, estate creation & admin