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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 116716
Experience:  Attorney experienced in commercial litigation.
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Purchased a brand new vehicle on July 26, had a trade-in for

Customer Question

Purchased a brand new vehicle on July 26, had a trade-in for it. Was told I was approved with a bank, drove car for a whole month. They called and asked me to come sign a paper and that was it on Monday, August 29th. The general sales manager asked for the keys to get the mileage off the car, mentioned nothing about taking the car back. So now since Monday, been riding the bus. They told my finance company of my car that I traded in that they would receive a check in 10 business days. The finance company of the car I traded has been calling me since no one is speaking to them, and they are saying in a text message that I need to pay $900 immediately. I have spoken with the finance company that I traded the vehicle under. I'm concerned that since I have had the car over thirty days, shouldn't the company have to figure out what to do since they drop the ball, and the contract is legal at this point and time?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to first demand refund and return of your car from the dealer, since this is generally considered an unfair and deceptive practice not to mention breach of contract. This is called a yo-yo financing scam and it is grounds to not only file a complaint against the dealer with the FL attorney general, but also with the FL DMV dealer licensing unit for the conduct of the dealer.
You need to inform the dealer if they do not return all of your money and your trade in, your next call will be to the FL attorney general to report their yo-yo financing scam and to the FL DMV for their conduct and have them come out and inspect the dealer records.
If the dealer still refuses, file the complaints. Most times the AG can resolve the issue. If they cannot then you can sue the dealer for breach of contract and unfair and deceptive practices and seek not only your losses, but punitive damages up to three times your losses plus attorney's fees.

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