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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Consumer Protection Law
Satisfied Customers: 41221
Experience:  Licensed in PA & NJ, Experienced attorney.
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I was with a friend when they purchased a vehicle and they

Customer Question

I was with a friend when they purchased a vehicle and they did not have finds on them to put a deposit on said vehicle. I was asked if I would pay the deposit of $1000 and clarified that it would be refunded at the time of delivery and put the deposit on my cc. When the vehicle was delivered I was not present and the salesman asked if the friend just wanted to use my deposit toward the down payment and they said sure. I later disputed the charge after I was never given the money and now the dealer is trying to come after me. My name is ***** ***** and I signed nothing other than the credit card receipt which I was told was for the hold of the vehicle and not the down payment. The dealer is sending me threatening letters now about taking me to court. Are they right in this scenario or am i?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns. I am afraid that they are right. Here is why: Unless there was something in writing stating that they had to return the money to you, placing a deposit on the vehicle meant that you agree to pay down that portion of the value. If that was not as agreed upon or communicated, your actual beef is with the 'friend' who essentially took your money and failed to refund it, and not with the dealer who already used pre-authorized finds (without any sort of a written condition) to finance the car which you already agreed to do. Therefore you need to make the friend give you back the money, as that friend took the funds to find the purchase. Sincerely, ***** *****

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