Consumer Protection Law

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I bought a car from a dealership. The papers were signed I…

I bought a car from...
I bought a car from a dealership. The papers were signed I paid them a down payment of 2500.00 and left w a high interest loan due to credit issues. The next day the finance company contacted me and they were very rude. telling me I was lying and they didn't believe my income. I offered bank statements and they refused. I just got a bad feeling. Can they take my car back? lets say they do bc my contract states they have a certain amount of time...Will I get my full 2500.00 back, and if I do how will it be disbursed? worried.
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Answered in 8 minutes by:
10/17/2017
RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. First of all, don't worry. There's no good that comes from worry. Be concerned that can spur you to action, but worry simply paralyzes.

It sounds as though this is the beginning of a "yo-yo" financing scheme, especially in light of them not willing to look at your bank statements to verify income. If it was a legitimate concern, they'd be happy to verify your income and reassure their underwriters that you were being honest in your application.

They can't take your car, but they could have you return it. IF they do so, they have to give you the full amount that you paid as a down payment. A type of illegal conduct occurs when the dealer tells the customer that he or she is not entitled to a full refund of their down payment. Some dealers claim that there is a “re-stocking fee” or that they cannot refund the sales tax or the price of optional equipment purchased with the vehicle. Again, none of these are true. California law clearly states that if a car dealer rescinds a vehicle transaction because of an inability to obtain financing, then the dealer must repay ALL amounts that the consumer paid, including sales tax and any optional items that were included in the purchase contract. The dealer is not even allowed to impose any charge for the mileage that the customer put on the vehicle – no matter how many miles were driven.

Finally, if you ARE called by the dealership / financing company, go on the offensive. Tell them that you know about "yo-yo" financing schemes and that you're going to report this to the California Attorney General Consumer Protection Division, as well as contacting an attorney about Deceptive Trade Practices. Tell them that you're willing to work with them, but only if they're willing to work with you. Otherwise, you'll contact your attorney and file a complaint with the AG. I think that they'll back off.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

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RGMacEsq
RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 18,161
Experience: Licensed Texas General Practice Attorney
Verified
RGMacEsq and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 9 months ago
thank you I really appreciate you taking the time out to assist me. I will re-open question or update if necessary as things move along if that is okay? Thank you!

Yes, that'd be fine.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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