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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31021
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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DOWN PAYMENT ON A VEHICLE : NO : I PURCHASED A CAR AND I

Customer Question

HI
JA: Hello. What is your issue regarding?
Customer: DOWN PAYMENT ON A VEHICLE
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: NO
JA: Please give me a bit more information, so we can help you best.
Customer: I PURCHASED A CAR AND I HAVE BEEN DRIVING IT FOR ABOUT A MONTH,, THE CARS TRANSMISSION IS BAD, APPARENTLY THE FINANCING DEAL HAS NOT CLOSED AND I GOT
JA: Is there anything else the Lawyer should be aware of?
Customer: A CALL FROM THE FINANCING COMPANY WELCOME CALL AND I TOLD THEM THE CAR IS BAD
JA: Employment law can be complex. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: SO THEY TOLD ME I CAN TAKE THE CAR BACK TO THE DEALER BUT NOW THE DEALER DOES NOT WANT TO GIVE ME THE MONEY OR TRADE IN
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Legal
Expert:  Roger replied 5 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 5 months ago.
HI
Expert:  Roger replied 5 months ago.

Generally, if the seller knew or should have known of a problem with the vehicle and intentionally or negligently failed to disclose the problem in an attempt to induce you to purchase the vehicle, then you would have grounds to sue to cancel the contract under a claim that the defect was concealed. However, you'll need a mechanic to testify that the condition existed at the time you purchased the vehicle and that the seller concealed the condition or knew/should have known.

Customer: replied 5 months ago.
OK SO IF I GET A MECHANIC I WILL BE ABLE TO GET MY DOWNPAYMENT AND TRADE IN BACK?
Customer: replied 5 months ago.
OR DO I HAVE TO GO TO COURT?
Expert:  Roger replied 5 months ago.

You'd have grounds to sue and ask the judge to order the seller to return your trade and down payment back. The seller may do this voluntarily IF a mechanic has this opinion, but if the seller doesn't, you'd have to sue.

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