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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 36211
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I bought a used car from a dealer. I drove it home and there

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I bought a used car from a dealer. I drove it home and there were some minor issues, alignment small that could have been taken care of. More and more came up over the next day. I reached out to my sales rep and explained what was going on and was told he understands wants to work with me. I should choose two other cars to consider and then if not we could walk away. I heard nothing back even with multiple times reaching out. I sent message after message saying I am bringing this car back. The final saying that with no response is saying you are in agreement and it will be back.
I brought it back after almost 4 weeks of trying to get a response. No one knew anything about this situation there and the gentleman was not there. After no hearing from anyone there for a month, I had put a stop payment on my deposit. Now I'm being told that it's a felony and they will press charges. Are they covered under the lay in the state of Ohio to do this?
Thank you,
Joshua

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Was the car sold with a written warranty?

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Do you have anything in writing from the seller stating they will make repairs at their cost or you can pick another car or return that one and get your money?

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When did you put a stop payment on the deposit? immediately or 4 weeks later?

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thanks

Barrister

Customer: replied 7 months ago.
It was sold with an extended warranty from a 3rd party. The sales person told his manager that he verbally advised to bring it back and that is untrue. One part of the stop payment was done 2 days after and the 2nd about 1week after.I have my email responding to the conversation we had. I noted to the sales person the two cars I'd be interested in and that's the last time I heard from him.

Ok, first off this is not a criminal action, it is a contract action. So they are simply bluffing you there. As long as you actually had the funds in the account when you made the deposit, then it isn't fraud.

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So their recourse is to either work with you to get this resolved privately, or for you to sue them or them to sue you for damages. If you have a warranty with a 3rd party, then it is that company who is liable for making sure that any covered repairs are made with the vehicle.

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With that said, if you have written proof about what the salesperson told you, then you could sue them for breach of contract if they don't honor the offer they made to you. I don't know how much we are talking about, but the limit in OH for small claims is $3,000 so if it is over that, you would have to hire an attorney and sue them in a higher court for damages.

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thanks

Barrister

Customer: replied 7 months ago.
Thanks you. So to be clear, if the funds were available when I have them the check, it is not fraud and no warrant or charges can be filed by the dealer in the state of Ohio. Is there a specific clause in ohio law that I can reference in my correspondence. Thank you so much for your help. It's appreciated greatly and very helpful.

So to be clear, if the funds were available when I have them the check, it is not fraud and no warrant or charges can be filed by the dealer in the state of Ohio.

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Correct.

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Is there a specific clause in ohio law that I can reference in my correspondence.

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No, this would be trying to prove a negative.. In order for there to be a criminal violation, there must be intent to defraud. That is a fact question that a DA would have to determine. But if the money was sitting in the bank and you only stopped payment after the problems arose, there is clearly no fraudulent intent here, just a dispute over money.

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If the dealer contacted the local DA and said you stopped payment on a check, they would tell the dealer it is a civil matter and to take it up in civil court.. Not many people like used car dealers so the DA isn't going to spend their resources looking into this when they can just tell them to go to civil court and sue.

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Now if you had a zero balance on the account, or it was closed, and you then wrote a check on it, that is fraud and could be charged as a criminal offense.

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thanks

Barrister

Barrister and 7 other Legal Specialists are ready to help you

Thanks very much for the positive rating and generous bonus, it is greatly appreciated!

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Barrister