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TJ, Esq.
TJ, Esq., Attorney
Category: Consumer Protection Law
Satisfied Customers: 12249
Experience:  JD, MBA
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Purchased an as-is car last week. I took it back the same

Customer Question

purchased an as-is car last week. I took it back the same day because I had been over charged and the transmission was slipping. ive since found out after putting $3000 down that I may not get financing. I don't want the car now because for reasons I stated
earlier. can I get my down payment back. they have the car but they wont call me back. I also have a loner car.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. When a car is purchased "as is," that means the buyer accepts the car with all faults, whether known or unknown. Moreover, an overcharge is not a reason to return a car (your recourse would be to sue the seller for a refund of the overcharged amount). That said, if they voluntarily took back the car for the purpose of reselling it because you couldn't get financing, then they should return your deposit. This assumes that there isn't a clause in the sales contract which states that the deposit is non-refundable (that type of clause is unlikely here). You should review the sales contract to be certain. Assuming there is no such clause, then you would have reason to sue the seller if the deposit is not returned. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.