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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I bought a car about a week ago, signed the papers and everything.

Resolved Question:

I bought a car about a week ago, signed the papers and everything. After taking it home for a few days and driving it the dealer called me back and said I had to come back in to sign more papers. After singing those papers my monthly payments went up. I tried giving them the car back and getting my down payment back but they said they don't do that. A couple days after that they called me and said they needed my pay stubs because I haven't qualified for a loan yet. I told them I was going to talk to an attorney before giving them anything. When I said that the guy got really mad and started threatening me about losing my down payment and my car. They towed my car today, all I want is my down payment back and to give them the car back. Is that possible?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

The papers that you signed will generally form a binding contract. The contract will control whether or not you have a refundable down payment.

So, in order to fully answer your questions, we need to look at your paperwork. Please tell me you kept a copy????

If so, then please scan them and either upload them in your response (if possible) or email them to:
XXX@XXXXXX.XXX
Attn: zdnlaw
RE: http://www.justanswer.com/law/7p5a9-bought-car-week-ago-signed-papers-everything.html?mode=qa

Also, tell me how much your down payment is and tell me what they represented to you when you originally bought the car.

Finally, also tell me why they towed the car? Were you unable to make a scheduled payment?
Customer: replied 1 year ago.


Yes I kept copies of all the papers. The down payment was $3000 and the car was being sold for $30500. They towed the car because I wouldn't give them my payment stubs. I have only owned the car for a week as of today. From what I understand they let me drive off the lot without being qualified for a loan from a bank. So I have been driving around in a car I haven't been qualified for yet. I don't know why any dealership would let me do that. I have bought cars before and NONE of them let me drive away without being qualified.

Expert:  Zachary replied 1 year ago.
Yes, they should have not let you out the door without doing some sort of pre-qualification check.

OK, send the documents my way. I'll be looking for them. Let me know when you send them. Sometimes it takes a while to get to me, so please be patient.

I'll respond back to you when I look through them.

Thanks,
ZDN
Customer: replied 1 year ago.


Thank you. I actually have to get to work right now. Ill send them tomorrow. Did you need everything? Or were you looking for certain ones?

Expert:  Zachary replied 1 year ago.
Its better to just send through everything.
Customer: replied 1 year ago.

Ok i scanned all the papers, where do i send them? Do i just send them toXXX@XXXXXX.XXX?


 


The way i see it (tell me if Im wrong) I should have no problem getting my down payment back. They let me leave with a car i wasnt qualified for. Since i didnt qualify they should get the car and i should get my down payment.


 


They towed my car yesterday. I have only had it for 7 days and havent had a payment. Which means i havent defaulted on anything. Did they have a right to tow it? I think since they towed it, it was the best thing for me. They took my car without cause saying i didnt qualify for it and wont give me my down payment back. Thanks for all your help.

Expert:  Zachary replied 1 year ago.
Email to: XXX@XXXXXX.XXX

In the message put:
Attn: zdnlaw
RE: http://www.justanswer.com/law/7p5a9-bought-car-week-ago-signed-papers-everything.html?mode=qa

In general, I think you are correct in that they do not have a right to keep the deposit. However, let me look at your contract to make sure.
Customer: replied 1 year ago.
Ok and just because my name and address and everything will be on it I need to ask if this will be available to the public to see? Will that information be ok to send to you over an email?
Expert:  Zachary replied 1 year ago.
That information will only be in the email to me and will not be posted in our discussion.
Expert:  Zachary replied 1 year ago.
Hi,

Thanks for sending those through.

I don't seen anywhere in there that would allow them to keep the $3,000 down payment. You should send a certified letter demanding the down payments return within a set amount of time.

If they do not pay, you should file a lawsuit in small claims court to claim the money back. Now, there is arbitration clause in the agreements you signed, so they may require arbitration (which cancel the small claims case you filed), but the outcome at arbitration should be the same and you should be able to get the downpayment back.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.


Since ive never written this kind of letter before how would you suggest I write it out? What would be a good time frame to give them to return the money. I need that down payment so I can get a vehicle to work and back.


 


I will give you an excellent rating after all my questions have been answered. You have been very helpful. But it says if I submit my rating now that it ends our session.

Expert:  Zachary replied 1 year ago.
Thanks for responding. That's very odd that it says that it ends our session, as it does not (unless the tech gurus on the site have changed something on your end).

Anyhow, here's how I'd write the letter:

Dear Showcase Honda,

On March 29, 2013, I executed a sales and financing contract with your dealership for the purchase of a Used 2013 Ford Mustang for a total of $44,863.92.

Although you represented both verbally and in writing that this transaction was complete on the terms contemplated by the contracts, on ___________ (date) you repossessed the vehicle after informing me that you could not obtain financing on the terms promised. Further, I paid a cash down payment in the amount of $3,000.00 which you have refused to refund.

Although you have breached your contract through your actions of illegally repossessing the vehicle, in addition to violating the Arizona Consumer Fraud Act, I will agree to a cancellation of this transaction and a settlement of my claims if you will return the $3,000.00 down payment.

Please return the $3,000.00 down payment to me, by sending the certified funds to me at _____________________________(your address). Should I not receive the funds within 10 days of the date of this letter, I will file a lawsuit in small claims court for the down payment in addition to penalties under the Consumer Fraud Act, and I will contact the Arizona Attorney General's office to press prosecution by the State under the Act.

I hope we can resolve this dispute amicably. Please contact me should you have any questions.

-signature
Zachary, Attorney
Category: Legal
Satisfied Customers: 3820
Experience: Lead trial/International commercial attorney licensed 11 yrs
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